Civil Aviation Act 1990

Reprint as at 1 July 2014 Civil Aviation Act 1990 Public Act 1990 No 98 Date of assent 8 August 1990 Commencement see section 1(2) Contents Page Title 13 1 Short Title and commencement 14 2 Interpretation 14 3 Act to bind the Crown 23 4 Application of Act 24 5 Civil Aviation Authority [Repealed] 25 Part 1 Entry into the civil aviation system 6 Requirement to register aircraft 25 7 Requirement for aviation document 26 8 Application for aviation document 27 9 Grant or renewal of aviation document 28 10 Criteria for fit and proper person test 29 11 Rights of persons affected by proposed adverse decisions 32 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Transport. 1 Reprinted as at Civil Aviation Act 1990 1 July 2014 Part 1A ANZA mutual recognition Preliminary provisions 11A Purpose 35 Australian AOCs with ANZA privileges 11B Holder of Australian AOC with ANZA privileges entitled 35 to conduct air operations in New Zealand 11C New Zealand temporary stop notice 36 11D Contents of New Zealand temporary stop notice 37 11E Director to notify CASA about New Zealand temporary 37 stop notice AOCs with ANZA privileges 11F Requirements for AOCs with ANZA privileges 38 11G Grant of New Zealand AOC with ANZA privileges 38 11H Action by Director when CASA gives Australian 40 temporary stop notice to holder of New Zealand AOC with ANZA privileges 11I Change of country of certification 40 11J Delegation of Australian powers relating to Australian 41 AOCs with ANZA privileges to employees of Authority Part 2 Functions, powers, and duties of participants in the civil aviation system 12 General requirements for participants in civil aviation 41 system 13 Duties of pilot-in-command 42 13A Duties of pilot-in-command and operator during 43 emergencies 14 Objectives of Minister 44 14A Functions of Minister 44 14B Search and rescue operations 45 14C Minister may direct agencies with respect to search and 46 rescue operations 15 Director may require or carry out safety and security 46 inspections and monitoring 15A Power of Director to investigate holder of aviation 47 document 16 Director of Civil Aviation Safety [Repealed] 48 17 Power of Director to suspend aviation document or 48 impose conditions 2 Reprinted as at 1 July 2014 Civil Aviation Act 1990 18 Power to revoke aviation document or impose conditions 50 19 Criteria for action taken under section 17 or section 18 51 20 Power of Director to amend or revoke aviation document 53 in other cases 21 Power of Director to detain aircraft, seize aeronautical 54 products, and impose prohibitions and conditions 22 Delegation of Minister’s functions or powers to Authority 56 23 Delegation of Authority’s functions or powers to 57 employees of Authority [Repealed] 23A Delegation of Director’s functions or powers to employees 57 of Authority 23B Delegation of Director’s functions or powers to persons 58 outside Authority 23C Restrictions on delegations 60 24 General power of entry 60 25 Powers of entry of Corporation 63 26 Obligation to notify all accidents and incidents 64 26A Obligation to identify pilot-in-command 65 27 Duty of Authority to notify accidents and incidents to 66 Transport Accident Investigation Commission Part 2A Medical certification 27A Interpretation 66 27B Power of Director to issue medical certificate 67 27C Changes in medical condition of licence holder 69 27D Medical examination, report, and disclosure 71 27E Expiry of medical certificate 71 27F Designation of aviation examiners and medical examiners 71 27G General directions and emergency directives 72 27H Investigation of medical condition of licence holder 73 27I Revocation, suspension, amendment, and surrender of 74 medical certificate 27J Appointment of convener and deputy convener 77 27K Cancellation of appointment as convener or deputy 78 convener 27L Review of decisions regarding medical certificates or 78 applications 27M Referral to convener by agreement 80 27N Delegation of Director’s powers under this Part to medical 81 practitioners who are employees of Authority 27O Delegation of Director’s power under this Part to medical 82 examiners who are not employees of Authority 3 Reprinted as at Civil Aviation Act 1990 1 July 2014 27P Right of appeal to District Court 83 27Q Transitional provisions 83 27R Savings 84 Part 3 Rules 28 Power of Minister to make ordinary rules 84 29 Rules relating to safety and security 87 29A Rules relating to airspace 87 29B Rules for noise abatement purposes 88 30 Rules relating to general matters 88 31 Power of Director to make emergency rules 91 32 Procedures relating to rules 91 33 Matters to be taken into account in making rules 92 34 Procedure for making ordinary rules 93 34A Governor-General may make ordinary rules 94 35 Procedure for making emergency rules 95 36 Incorporation by reference 96 37 Exemption power of Director 98 Part 4 Fees and charges 38 Fees and charges 98 39 Rebates 100 40 Payment of fees and charges 100 41 Suspension or revocation of aviation document where 101 prescribed fees or charges unpaid 42 Recovery of fees and charges for aviation related services 102 Levies 42A Governor-General may impose levies 102 42B Basis on which levies may be imposed 103 42C Levy orders to be confirmed 104 42D Other provisions relating to levies 105 Part 5 Offences and penalties Safety offences 43 Endangerment caused by holder of aviation document 106 43A Operating aircraft in careless manner 106 44 Dangerous activity involving aircraft, aeronautical 107 product, or aviation related service 44A Failure to comply with inspection or monitoring request 107 4 Reprinted as at 1 July 2014 Civil Aviation Act 1990 45 Court may disqualify holder of aviation document or 108 impose conditions on holding of document 46 Acting without necessary aviation document 108 46A Acting without required medical certificate 109 46B Fraudulent, misleading, or intentionally false statements 110 to obtain medical certificate 46C Failure to disclose information required by Director 110 46D Failure to provide information to Director relating to 111 Australian AOCs with ANZA privileges 46E Failure to cease conducting air operations in New Zealand 111 47 Additional penalty for offences involving commercial 111 gain General offences 48 Applying for aviation document while disqualified 112 49 Communicating false information or failing to disclose 112 information relevant to granting or holding of aviation document 49A Carrying on scheduled international air service without 113 licence or contrary to licence 49B Operating unauthorised non-scheduled international flight 114 or carrying on non-scheduled international flight contrary to licence 50 Obstruction of persons duly authorised by Director 114 50A Failure or refusal to produce or surrender documents 115 51 Trespass 115 52 Failure to maintain accurate records 116 52A Failure to notify emergency breach of Act or regulations 116 or rules 52B Failure to notify accident or incident 117 52C Failure to provide identifying information 117 53 Contravention of emergency rule, prohibition, or 118 condition 53A Flight over foreign country without authority or for 118 improper purpose Security offences 54 Security area and security enhanced area offences 120 55 Personation or obstruction of aviation security officer 121 56 Communicating false information affecting safety 121 56A Security check offences 122 Infringement offences 57 Infringement offences 122 5 Reprinted as at Civil Aviation Act 1990 1 July 2014 58 Infringement notices 123 Disqualification 59 Effect of disqualification 124 60 Commencement of period of disqualification 124 61 Retention and custody of document 125 62 Removal of disqualification 125 63 Particulars of disqualification orders, etc, to be sent to 126 Director 64 Appeals against disqualification 126 Charging documents and burden of proof 65 Time for filing charging document 127 65AA Burden of proof of reasonable excuse 128 Part 5A Unruly passenger offences Preliminary provisions 65A Application of this Part 128 65B Liability for offences against this Part despite 129 extraterritoriality 65C Liability for offences under Summary Offences Act 1981 129 despite extraterritoriality 65D Foreign aircraft outside New Zealand 130 65E Proceedings for offences 131 Unruly passenger offences 65F Strict liability for acts endangering safety 131 65G Disruptive conduct towards crew member 132 65H Interference with aircraft 132 65I Intoxicated persons on aircraft 133 65J Non-compliance with commands given by 134 pilot-in-command 65K Offensive behaviour or words 134 65L Portable electronic devices not to be operated 135 65M Non-compliance with seating and seatbelt instructions 135 65N No smoking 135 65O Dangerous goods 136 65P Procedure for certain unruly passenger offences 136 65Q Form of infringement notice 138 65R Payment of fees 138 65S Filing of notices 139 65T Savings 141 6 Reprinted as at 1 July 2014 Civil Aviation Act 1990 Part 6 Rights of appeal 66 Appeal to District Court 141 67 Procedure [Repealed] 143 68 Decision of Director to continue in force pending appeal, 143 etc [Repealed] 69 Appeal to High Court on question of law 143 70 Further appeal to Court of Appeal 143 71 Evidence and proof 144 72 Evidence of air traffic services provider 145 Part 6A Civil Aviation Authority of New Zealand 72A Civil Aviation Authority of New Zealand established 146 72AA Objective of Authority

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