round brackets, or with black rule at beginning and after

Transcription

1 [As REPORTED FROM THE GoVERNMENT ADMINISTRATION COMMITTEE] House of Representatiues, 19 July 1990 Words struck out are shown in italics within bold round brackets, or with black rule at beginning and after last line; words inserted are shown in roman underlined with a single rule, or with single rule before first line and after last line. Hon. W. P. Je#Ties CIVIL AVIATION LAW REFORM ANALYSIS Title 1. Short Title 2. Interpretation 3. Act to bind the Crown 4. Application of Act 5. Civil Aviation Authority PART I ENTRY INTO THE CIVIL AVIATION SYSTEM 6. Requirement to register aircraft 7. Register of Aircraft 8. Requirement for Zealand aviation document 9. Application for Zealand aviation docurnent 10. Grant of Zealand aviation document 11. Criteria for fit and proper person test 12. Rights of persons alfected by proposed adverse decisions PART II FUNCTIONS, POWERS, AND DUTIES OF PARTICIPANTS IN THE CIVIL AVIATION SYSTEM 13. General requirements for participants in civil aviation system 14. Duties of pilot in command 15. Functions of Minister 16. Functions of Secretary 17. Chie f aviation sa fety adviser 18. Power of Secretary to suspend Zealand aviation document or impose conditions 19. Power of Secretary to revoke Zealand aviation document 20. Criteria for action taken under section 18 or section Power of Secretary to detain aircraft, seize aeronautical products, and impose prohibitions and conditions 22. Delegation of Secretary's functions or powers to employees of Ministry 23. Delegation of Secretary's functions or powers to persons outside Ministry 24. General power of entry 25. Powers of entry of air traffic service providers 26. Obligation to report all accidents and incidents 27. Duty of Secretary to provide reports of accidents and incidents to Air Accidents Investigation Commission PART III RULES 28. Power of Minister to make rules 29. Rules relating to safety and security 30. Rules relating to general matters 81. Power of Secretary to make emergency rules 32. Procedures relating to rules 33. Matters to be taken into account in making rules 34. Procedures for making ordinary rules 35. Procedures for making emergency rules 36. Incorporation by reference 37. Exemption power of Secretary No Price incl. GST $6.50

2 9 Civil Aviation Law Rdorm PART IV FEES AND CHARGES 38. Fees and charges 39. Rebate for industry Eroups 40. Time for payment ot fees and charges 41. Suspension or cancellation of Zealand aviation document for non payment of fees and charges 42. Recovery of fees and charges for aviation related services PART V PART VI RIGHTS OF APPEAL 67. Appeal to District Court 68. Procedure 69. Decision of Secretary to continue in force pending appeal, etc. 70. Appeal to High Court on question of law 71. Further appeal to Court of Appeal 72. Evidence and proof 73. Evidence of air traffic services provider OFFENCES AND PENALTIES Safety Offences 43. Endangerment caused by holder of Zealand aviation document 44. Dangerous activity involving aircraft, aeronautical product, or aviation related service 45. Defence of reasonable care 46. Court may disqualify holder of Zealand aviation document or impose conditions on holding of document 47. Acting without necessary Zealand aviation document 48. Additional penalty for offences involving commercial gain General Ofences 49. Applying for Zealand aviation document while disqualified 50. Communicating false information or failing to disclose information rele vant to granting or holding of Zealand aviation document 51. Obstruction of persons duly authorised by Secretary 52. Trespass 53. Failure to maintain accurate records 54. Contravention of emergency rule, pro hibition, or condition Security Offences 55. Security area offences 56. Personation or obstruction of aviation security offlcer 57. Communicating false information affecting safety Infringement O#ences 58. Infringement ofrences 59. Infringement notices Disqualyication 60. Effect of disqualification 61. Commencement of period of disqualification 62. Retention and custody of document 63. Removal of disqualification 64. Particulars of disqualification orders, etc., to be sent to Secretary 65. Appeals against disqualihcation O#knces Punishable on Summa Conviction 66. OKences to be punishable on summary conviction PART VII REGISTRIES AND INFORMATION SERVICES 74. Civil Aviation Registry 75. Information services PART VIII AIR ACCIDENTS INVESTIGATION COMMISSION 76. Establishment of Commission 77. Purpose of Commission 78. Membership of Commission 79. Further provisions applying in relation to Commission 80. Functions of Commission 81. Commission to make reports to Secre tary and give notice where appropriate 82. Powers of Commission 88. Powers of entry and investigation 84. Accidents to be investigated 85. Conduct of investigation PART IX AVIATION SECURITY 86. Aviation security 87. Aviation Security Service 88. Security designated aerodromes and navigation installations 89. Right of access 90. Security areas 91. Powers of arrest 92. Arrest of persons delivered to Police 93. Powers of Police PART X INTERNATIONAL AIR CARRIAGE COMPETITION 94. Authorisation of contracts, arrangements, and understandings relating to international carriage by air 95. Minister may issue commission regimes 96. Authorisation of tariffs by Minister 97. Application of Commerce Act 1986 PART XI AERODROMES, FACILITIES, AND JOINT VENTURE AIRPORTS 98. Definition of "joint venture airport" 99. Powers of Minister in respect of aerodromes and facilities 100. joint ventures 101. Retention of Crown money in joint ven ture airport accounts

3 Civil Aviation Law Rdonn 3 PART XII PART XIV MISCELLANEOUS PROVISIONS 102. Sale of liquor at international airports 103. Nuisance, trespass, and responsibility for darnage 104. Indemnity in respect of certain messages 105. Airways Corporation to be sole provider of certain airways services 106. Regulations 107. Repeals, revocation, amendments, and savings 108. Transitional provisions 109. Effect of Act on Civil Aviation Regulations PART XIII METEOROLOGICAL SERVICES REPEAL OF MINISTRY OF TRANSPORT ACT Transport Advisory Council abolished 113. Amendments to Transport Act 1962 PART VII ROAD TRAFFIC SAFETY RSEARCH COUNCIL 91. Road Tramc Safety Research Council 92. Functions of Council 93. Subcommittees of Council 94. Remuneration and travelling expenses 114. Repeals, revocation, amendments, and savings Schedules 110. Meteorological services 111. Minister to designate meteorological warning service A BILL INTITULED An Act to establish rules of operation and divisions of responsibility within the Zealand civil aviation system in order to promote aviation safety, to ensure 5 that Zealand's obligations under international agreements are implemented, and to consolidate and amend the law of civil aviation in Zealand BE IT ENACTED by the Parliament of Zealand as follows: 1. Short Title-This Act may be cited as the Civil Aviation 10 Law Reform Act Interpretation-In this Act, unless the context otherwise requires,- "Accident" means an occurrence that is associated with the operation of an aircraft and takes place between 15 the time any person boards the aircraft with the intention of flight and such time as all such persons have disembarked and the engine or any propellers or rotors come to rest, being an occurrence in which- 20 (a) A person is fatally or seriously injured as a result of- 25 (i) Being in the aircraft; or (ii) Direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or (iii) Direct exposure to jet blast-

4 4 Civil Aviation Law Re/orm except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or (b) The aircraft sustains damage or structural 5 failure that- (i) Adversely affects the structural strength, performance, or flight characteristics of the aircraft; and (ii) Would normally require major repair or 10 replacement of the affected componentexcept engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips, rotors, antennas, tyres, brakes, fairings, small dents, or puncture holes in the 15 aircraft skin; or (c) The aircraft is missing or is completely inaccessible: "Aeronautical product" means anythin that comprises or is intended to comprise any part ot an aircraft or that 20 is or is intended to be installed in or fitted or supplied to an aircraft; and includes fuel and other similar consumable items necessary for the operation of the aircraft: Struck Out "Aerodrome" means a defined area on land or water (including any buildings, installations, and equipment) intended to be used either wholly or partly for the arrival, departure, or surface movement of aircraft: 1 Nezo 30 "Aerodrome"- (a) Means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, surface movement, and maintenance and servicing of aircraft; and 35 (b) Includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration:

5 Civil Aviation Law Rdorm 5 "Aerodrome control service" means an air traffic control service provided for the control of aerodrome traffic: "Aerodrome Right information service" means a service provided tor the purpose of giving advice and 5 information useful tor the safe and efficient conduct of flights in the vicinity of an aerodromel irrespective of whether or not any aircraft ot person to which such advice or inrmation is directed is in the vicinity of the aerodromel: 10 "Aerodrome traffic" means- (a) All traffic in the manoeuvring area of an aerodrorne; and (b) All aircraft flying in the vicinity of an 15 aerodrome: "Aerodrome traffic circuit" means the pattern flown by aircraft operating in the vicinity of an aerodrome: "Aircraft" means any machine that can derive support in the atmosphere from the reactions of the air 20 otherwise tnan by the reactions of the air against the surface of the earth: "Aircraft flying in the vicinity of an aerodrome" means any aircraft that is in, entering, or leaving an 25 aerodrome traffic circuit: "Air service" means an air transport service or an aerial work service, whether regular or casual: "Air traffic" means all aircraft in flight or operating on any manoeuvring area of an aerodrome: 30 "Air traffic control service" means a service provided for the purposes of- (a) Preventing collisions- (i) Between aircraft; and (ii) Between aircraft and obstructions on any 35 manoeuvring area; and (b) Expediting and maintaining (an orderly) a safe and efficient flow of air traffic: "Air traffic service" includes- (a) Any aerodrome control service:

6 6 Civil Aviation Law R form (b) Any area control service: (c) Any approach control service: (d) Any ffight information service: (e) Any aerodrome flight information service: (f) Any alerting service: 5 (g) Any other air traffc service considered by the Secretary to be necessary or desirable for the saie and efficient operation of the civil aviation system: "Alerting service" means (a) an air trafic service provided to notify ppropriate organisations rearding aircraft 10 in need oi search and rescue aid, ana to assist such organisations as required: "Approach control service" means an air traffic control service for arriving or departing controlled flights: "Area control service" means an air traffic control service 15 provided for controlled flights in controlled airspace: "Aviation document" means any licence, permit, certificate, or other document issued under this Act to or in respect of any person, aircraft, aerodrome, 20 aeronauticaf product, or aviation related service: "Aviation related service" means any equipment, facility, or service (including any air traffic service but excluding any service of the (Accidents) Transport Accident Investigation Commission) operated in 25 support of or in conjunction with the civil aviation system; and includes the provision of aeronautical products: "Aviation security officer" means a person for the time being employed as such in the Aviation Security 30 Service: "Aviation Security Service" means the Aviation Security Service established under Part IX of this Act: "Civil Aviation Registy" means the Registry established under section 74 oi this Act: 35 "Commission" means the (Air Accidents) Transport Accident Investigation Commission established under Part VIll of this Act: "Controlled airspace" means an airspace of defined dimensions within which an air traffic control service 40 is provided to (control) controlled flights:

7 Civil Aviation Law R form 7 "Controlled flight" means any flight that is provided with or required by rules made under this Act to make use of an air traffic control service: "Convention"- 5 (a) Means the Convention on International Civil Aviation signed on behalf of the Government of Zealand in Chicago on the 7th day of December 1944; and (b) Includes- 10 (i) Any amendment to the Convention which has entered into force under Article 94 (a) of the Convention and has been ratified by Zealand; and (ii) Any Annex or amendment thereto accepted 15 under Article 90 of the Convention; and (iii) The international standards and recommended practices from time to time accepted and arnended by the International Civil Aviation Organisation 20 pursuant to Article 37 of the Convention: "Corporation" means Airways Corporation of Zealand Limited, a company incorporated under the Companies Act 1955 pursuant to the State-Owned 25 Enterprises Act 1986: "Director' means the person who is for the time being the Director of Civil Aviation Safety: "Flight information service" means (a) an air traffic service provided for the purpose of giving advice and 30 information intended for the sate and efficient conduct of flights: "Holder", in relation to a Zealand aviation document, (means) includes a person lawfully entitled to exercise rights in respect of a current Zealand aviation 35 document: "ICAO" means the International Civil Aviation Or'anisation established under the Convention; and includes any successor to the Organisation: "Incident" means any occurrence, other than an accident, 40 that is associated with the operation of an aircraft and affects or could affect the safety of operation:

8 8 Civil Aviation Law R/brm "International airport" means any airport designated as an airport of entry and departure ror international air trafhc where the formalities incident to customs, immigration, public health, animal and plant quarantine, and similar procedures are carried out: 5 «Judicial officer" means a District Court Judge, a Justice, or a Court Registrar (other than a member of the Police): 1 "Manoeuvring area"- 10 (a) Means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but (b) Does not include areas set aside for loading, 15 unloading, or maintenance of aircraft: "Minister" means the Minister of Transport: "Ministry" means the Ministry of Transport: "Navigation installation"- (a) Means any building, facility, work, apparatus, 20 equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and (b) Includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and 25 used in connection therewith: 1 Struck Out " Zealand aviation document" means any licence, permit, certificate, or other document issued under Part I of this Act to or in respect of any person, 30 aircraft, aerodrome, aeronautical product, or aviation related service: " Zealand registered aircraft" means any aircraft (registered by the Secretary under section n that is for the time being registered by the Secretary under section 35 6 (1) (a) of this Act: " Zealand Register of Aircraft" means the register of that name that is (required to be maintained under section A established under section 73A of this Act:

9 Civil Aviation Law R#orm 9 "Operate", in relation to an aircraft, means to fly or use the aircraft, or to cause or permit the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft; and "operator" has a 5 corresponding meaning: "OWner", in relation to any aircraft, (means the) includes any person lawfully entitled to the possession of the aircraft for 28 days or longer: Struck Out 10 "Pilot-in-command"- (a) Means the pilot responsible for the operation and safety of the aircraft during the period commencing at the time the aircraft first moves under its own power for the purpose of taking off and 15 ending with the moment the aircraft comes to rest; and (b) When the flight crew of an aircraft includes more than one pilot, means the pilot designated as pilot-in-command prior to the commencement of the 20 Right: "Pilot-in-command", in relation to any aircraft, means the pilot responsible for the operation and safety of the aircraft: 25 "Prescribed" means prescribed by (or under) this Act or by regulations or rules made under this Act: "Rules" means ordinary rules made by the Minister and emergency rules made by the (Secretary) Director under Part 111 of this Act: 30 "Secretary" means the Secretary for Transport: "Security area" means an area that the Secretary has declared to be a security area under section 90 of this Act: "Security designated aerodrome" means an aerodrome 35 for the time being designated as a security aerodrome under section 88 of this Act: "Security designated navigation installation" means a navigation installation for the time being designated

10 10 Civil Aviation Law Re/orm as a security navigation installation under section 88 of this Act. Cf. 1964, No. 68, s. 2; 1968, No. 39, s. 16 (1); 1969, No. 9, s. 2; 1973, No. 6, s. 6 (1); 1976, No. 122, s. 3 (8); 1976, No. 153, s. 2; 1977, No. 146, s. 2; 1987, No. 108, s Act to bind the Crown-(1) Subject to subsection (2) of this section, this Act shall bind the Crown. (2) Except as otherwise expressly provided in this Act or any other Act, or in the regulations or rules concerned, nothing in this Act or in any regulations or rules made under this Act shall 10 apply to the Zealand Defence Force. Cf. 1964, No. 68, s. 26; 1986, No. 124, s. 32 (1); 1987, No. 108, s Application of Act-(1) (Subject to subsections (3) and (4) of this section,) This Act and all regulations and rules made under 15 this Act shall apply to the following: (a) Every person, aircraft, aerodrome, aeronautical product, air service, and aviation related service, in Zealand: (b) Every Zealand registered aircraft whether within or 20 outside Zealand: (c) Every holder of a Zealand aviation document while outside Zealand and exercising or purporting to exercise (rights) privileges accorded by that document: 25 (d) Every foreign registered aircraft operating in Zealand. (2) Notwithstanding subsection (1) of this section but subject to agreement with the appropriate aeronautical authority of the foreign state concernea, provision may be made under rules 30 made under this Act for the following: (a) The transfer of all or part of the responsibility for a Zealand registered aircraft operated by a foreign operator to that operator's aeronautical authorities: (b) The acceptance of responsibility for all or part of the 35 responsibility for foreign registered aircraft operated by a Zealand operator. (3) Except where an act or omission is required in order to comply with the laws of any foreign state, every holder of a Zealand aviation document who, while outside 40 Zealand and exercising or purporting to exercise the (rights) privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed

11 Civil Aviation Law R</orm 11 in Zealand, shall be deemed to have committed an offence under this Act and may be rroceeded against in Zealand as if the act or omission haa occurred within Zealand. (4) Nothing in this section shall be (construed ) interpreted as 5 requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft. (5) Nothmg in this Act shall be interpreted as limiting the privileges or immunities of- 10 (a) Any foreign military aircraft; or (b) The officers and crew of any foreign military aircraft. 5. Civil Aviation Authority-(1) For all purposes including the international convention obligations of Zealand, the Ministry of Transport shall be the Civil Aviation Authority for 15 Zealand. (2) No company or other body shall be incorporated or registered under a name that contains the words "Civil Aviation Authority" or under any other name that, in the opinion of the Registrar of Companies, or the appropriate 20 registerin authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive. (3) Nothing in subsection (2) of this section shall apply to the Ministry or to any person who is appropriately authorised by 25 the Secretary. PART I ENTRY INTO THE CIVIL AVIATION SYSTEM 6. Requirement to register aircraft-(1) Except as otherwise provided in this Act or rules made under this Act, 30 every owner of an aircraft which flies to, from, within, or over Zealand territory shall repster that aircraft and hold a valid certificate of registration ior that aircraft from- (a) The Secretary; or (b) The appropriate aeronautical authorities of a contracting 35 State of ICAO; or (c) The appropriate aeronautical authorities of another State that is party to an agreement with the Government of Zealand or the Civil Aviation Authority for Zealand which provides for the acceptance of each 40 other's registrations. (2) No aircraft shall be registered in or remain registered in Zealand if it is registered in any other country.

12 i2 Civil Aviation Law Rdorm (3) The Secretary may decline to register any aircraft in accordance with the provisions of rules made under this Act. (4) Any person (a#ected by any decision) in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act. 5 CE 1964, No. 68, s. 29 (2) (h) Struck Out 7. Register of Aircraft-(1) The Secretary shall enter such particulars as may be prescribed of every aircraft registered under section 6 (1) (a) of this Act in the Register of Aircraft. 10 (2) The Reister of Aircraft shall be kept at the Civil Aviation Registry estat)lis}led under section 74 of this Act. Cf. 1964, No. 68, s. 29 (2) (h) 1 8. Requirement for aviation document Struck Out 15 1 (1) A Zealand aviation document shall be required by or in respect of the following: (a) All aircraft that are required to be registered under this Act: (b) Aircraft pilots: 20 (c) Flight crew members: (d) Air traffic service personnel: (e) Aircraft maintenance personnel: (f) Air service providers: (g) Air trafbc service providers: 25 (h) Aerodromes and aerodrome operators: (i) Aviation training organisations: (j) Such other persons, aircraft, aeronautical products, or aviation related services as may from time to time, in the interests of safety, be specified by rules made 30 under this Act.

13 Civil Aviation Law R/brm 13 (1) Rules made under this Act may require that an aviation document shall be required by or in respect of all or any of the following: 5 (a) Zealand registered aircraft: (b) Aircraft pilots: (c) Flight crew members: (d) Air-traffic service personnel: (e) Aviation security service personnel: 10 (f) Aircraft maintenance personnel: (g) Air services: (h) Air traffic services: (i) Aerodromes and aerodrome operators: (j) Navigation installation providers: 15 (k) Aviation training organisations: (1) Aircraft design, manufacture, and maintenance organisations: (III) Aeronautical procedures: (n) Aviation security services: 20 (0) Aviation meteorological services: (p) Aviation communications services: (q) Any persons, services, or things within any of the classes specified in paragraphs (a) to (p) of this subsection: (r) Such other persons, aircraft, aeronautical products, 25 aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation 30 system, as may, in the interests of safety or security, be specified in the rules. (2) The requirements, standards, and application procedure for each ( Zealand )aviation document shall be prescribed by rules made under this Act. 35 (3) Subject to any rules made under this Act, (a Zealand) m aviation document may be issued by the Secretary for such specified period and subject to such conditions as the Secretary considers appropriate in each particular case. (4) Any person (fected by any decision) in respect of whom 40 any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act.

14 14 Civil Aviation Law Rdorm 9. Application for aviation document-(1) Every application for (a Zealand ) the grant or renewal of an aviation document shall be made to the Secretary in the prescribed form or, if there is no prescribed form, in such form as the Secretary may require. 5 (2) Every applicant for la Zealand) an aviation document shall provide his or her address for service in ZBaland including, where applicable, telephone and facsimile numbers. (3) A record of information provided under subsection (2) of this section shall be maintained by the Secretary at the Civil 10 Aviation Registry. (4) It shall be the duty of every holder of (a Zealand) an aviation document to maintain the currency of the information provided under subsection (2) of this section by promptly notifying the Secretary of any changes to tile address, 15 telephone number, or facsimile number. (5) Service of any notification under this Act on a holder of, or applicant for, (a Zealand) an aviation document shall be effective service if served on the address last provided by that holder or applicant under subsection (2) of this section Grant or renewal of aviation document Struck Out (1) After considering any application for a Zealand aviation document, the Secretary shall, as soon as is practicable, grant to 25 the applicant the document sought if the Secretary is satisfied that the applicant and any person who is to have or is likely to have control over the exercise of rights under the document- (a) Either- (i) Holds the relevant prescribed qualifications and 30 experience; or (ii) Holds such foreign qualifications as are acceptable to the Secretary under subsection (2) of this section; and (b) Where prescribed as a requirement for the specific 35 Zealand aviation document applied for, is a fit and proper person to have such control or hold such document.

15 Civil Aviation Law Rdorm 15 (1) After considering any application for the grant or renewal of an aviation document, the Secretary shall, as soon as is practicable, 5 grant the application if he or she is satisfied that- (a) All things in respect of which the document is sought meet the relevant prescribed requirements; and (b) The applicant and any person who is to have or is likely to have control over the exercise of the privileges under 10 the document- (i) Either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Secretary under subsection (2) of this section; and 15 (ii) Is a fit and proper person to have such control or hold the document; and (iii) Meets all other relevant prescribed requirements. (2) For the purpose of granting (a Zealand) or renewing 20 an aviation document, the Secretary may, subject to any provisions in the rules, accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case. (3) Any person (q#ected by any decision) in respect of whom 25 any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act. 11. Criteria for fit and proper person test-(1) For the purpose of determining whether or not a person is a fit and proper person under section ( 10 (1) (w) 10 (1 ) (b) (ii) of this Act, the 30 Secretary shall, having regard to the degree and nature of the Person's proposed involvement in the Zealand civil aviation system, have regard to, and give such weight as the Secretary considers appropriate to, the following matters: (a) The person's compliance history with transport safety 35 regulatory requirements: (b) The person's related experience (if any) within the transport industry: (c) The person's knowledge of the applicable civil aviation system regulatory requirements:

16 16 Civil Aviation Law R form 1 (ca) Any history of mental health or serious behavioural problems: (d) Any conviction for any transport safety offence, whether or not-- 5 (i) The conviction was in a Zealand Court; or (ii) The offence was committed before the commencement of this Act: Struck Out 1-1 (e) The fact that the person has been charged with any 10 transport safety offence: (fj The breach or alleged breach of any rule made under this Act (whether or not a breach of that rule constitutes an offence) (f) Any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act. (2) The Secretary shall not be confined to consideration of the matters specified in subsection (1) of this section and may 20 take into account such other matters and evidence as (the Secretary considers) may be relevant. (3) The Secretary may, for the purpose of determining whether or not a person is a fit and proper person under this section,- 25 (a) Seek and receive such information (including medical reports) as the Secretary thinks fit; and (b) Consider information obtained from any source. (BA) Where the Secretary is considering whether a 30 corporation is a fit and proper person under section 10 (1) (b) (ii) of this Act, paragraphs (a) to (f) of subsection (1) of this section shall be read as if-

17 Civil Aviation Law Rdorm 17 1 (a) Every reference in paragraphs (a), (b), (c), (d). (e). and (f) of that subsection to the person is a reference to the corporation and its officers: 5 (b) The reference to the person in paragraph (ca) of that subsection is a reterence to the officers of the corporation. (4) If the Secretary proposes to take into account any information that is or may be prejudicial to a person, the 10 Secretary shall, subject to subsection (5) of this section, disclose that information to that person and, in accordance with section 12 of this Act, give that person a reasonable opportunity to refute or comment on it. (5) Nothing in subsection (4) of this section shall require the 15 Secretary to disclose any information the disclosure of which would be likely to endanger the safety of any person. (6) Where the Secretary determines not to disclose any information in reliance on subsection (5) of this section,- (a) The Secretary shall inform the person of the fact of non- 20 disclosure and that the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and (b) The provisions of that Act shall apply to that non. disclosure as if, following a request under that Act for 25 the information withheld, the information had been withheld in reliance on section 6 (d) of that Act. 12. Rights of persons affected by proposed adverse decisions-(1) In this section, unless the context otherwise requires,- 30 "Adverse decision" means an adverse decision of the Secretary under section 10 (1) (b) of this Act: "Affected document holder", in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the ( Zealand) 35 aviation document: "Person directly affected", in relation to any adverse decision, means the person who would be entitled under section 67 of this Act to appeal against that adverse decision: 40 "Person on the basis of whose character the adverse decision arises", in relation to any adverse decision

18 18 Ctoit Auiation Law Reform made or proposed to be made on the grounds referred to in section 11 of this Act, means the person whom the Secretary assesses as not being a ht and proper person. (2) Where the Secretary proposes to make an adverse 5 decision under section 10 (1) (b) of this Act in respect of any person, the Secretary, by notice in writing, shall- (a) Notify the person directly affected by the proposed decision of the proposed decision; and (b) Subject to subsection (4) of this section, inform that person 10 of the grounds for the proposed decision; and (c) Specify a date by which submissions may be made to the Secretary in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and 15 (d) Where appropriate, specify the date on which the proposed decision will, unless the Secretary otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and (e) Notify the person of the person's right of appeal under 20 section 67 of this Act, in the event of the Secretary proceeding with the proposed decision; and (fj Specify such other matters as in any particular case may be required by any provision of this or any other Act. (3) Where the Secretary gives a notice under subsection (2) of 25 this section, the Secretary- (a) Shall also supply a copy of the notice to- (i) Any person on the basis of whose character (the basis for) the adverse decision arises, where that person is not the person directly affected by the 30 proposed decision; and (ii) Any affected document holder, where the Secretary considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and 35 (b) May supply a copy of the notice to any other affected document holder. (4) No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 11 (1) of this Act, except to the extent that- 40 (a) The notice or copy is supplied to the person to whom the information relates; or (b) That person consents to the supply of that information to any other person.

19 Civil Aviation Law Rdorm 19 (5) Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply: (a) It shall be the responsibility of that person to ensure that all information that that person wishes to have 5 considered by the Secretary in relation to the proposed decision is received by the Secretary within the period specified in the notice under subsection (2) (c) of this section, or within such further period as the Secretary may allow: 10 (b) The Secretary mayl but shall not be obliged to,) consider any information supplied by that person after the expiry of the period referred to in paragraph (a) of this subsection, otner than information requested by the Secretary and supplied by that person within such 15 reasonable time as the Secretary may specify: (c) The Secretary shall consider any submissions made in accordance with paragraph (a) of this subsection, other than information requested by the Secretary and supplied pursuant to a request referred to in paragraph 20 (b) of this subsectiont but shall not be obliged to hear any person on the matter). (6) After considering the matters referred to in subsection (5) (c) of this section, the Secretary shall- (a) Finally determine whether or not to make the proposed 25 adverse decision; and (b) As soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3) (a) of this section, of- (i) The Secretary's decision and the grounds for the 30 decision; and (ii) The date on which the decision will take effect; and (iii) In the case of an adverse decision, the right of appeal under section 67 of this Act. 35 PART II FUNCTIONS, POWERS, AND DUTIES OF PARTICIPANTS IN THE CIVIL AVIATION SYSTEM Struck Out 13. General requirements for participants in civil 40 aviation system-every person who does anything for which

20 20 Civil Aviation Law R /brm Struck Out a Zealand aviation document is required shall ensure that the appropriate Zealand aviation documents and all other necessary qualifications and documents are held by that person, and shall- 5 (a) Comply with this Act, the relevant rules made under this Act, and any condition of any relevant Zealand aviation document; and (b) Ensure that the activities or functions for which the Zealand aviation document has been granted are 10 carried out by that person and by persons for whom that person is responsible safely and in accordance with good aviation practice; and (c) Where required by the Secretary, establish and follow a system that the Secretary is satisfied will ensure 15 compliance with all relevant prescribed safety standards; and (d) Provide training and supervision to all employees of that person who are engaged in doing anything to which the Zealand aviation document relates, so as to 20 maintain good aviation practice and promote safety. 13. General requirements for participants in civil aviation system-(1) Every person who does anything for which an avaiation document is required (in the succeeding 25 provisions of this section called a participant) shall ensure that the appropriate aviation documents and all the necessary qualifications and other documents are held by that person. (2) Every participant shall comply with this Act, the relevant rules made under this Act, and the conditions attached to the 30 relevant aviation documents. (3) Every participant shall ensure that the activities or functions for which the aviation document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the 35 relevant prescribed safety standards and practices. (4) Every participant who hold an aviation document that authorises the provision of a service within the civil aviation system-- 1

21 Civil Aviation Law R /orm 21 (a) Shall, if so required by rules made under this Act, establish and follow a management system that will ensure compliance with the relevant prescribed safety 5 standards and the conditions attached to the document; and (b) Shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain 10 compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and (c) Shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and any 15 relevant prescribed conditions. 14. Duties of pilot-in-command-the pilot-in-command of an aircraft shallt in addition to pe#orming the duties imposed by section 26 of this Act OT rules made under this Act,1- (a) Be responsible for the safe operation of the aircraft in 20 flight, the safety and wellbeing of all passengers and crew, and the (security) safety of cargo carried; and (b) Have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and 25 (c) Be responsible for compliance with all relevant requirements of this Act and regulations and rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of rules made under this Act is 30 necessary; and (d) Where an emergency requires that in the interests of safety an action is necessary that breaches this Act or rules made under this Act, notify the Secretary of that action and the circumstances which necessitated 35 it and, if requested by the Secretary, provide to the Secretary a written report in respect of any such breach.

22 22 Civil Aviation Law R form (2) For the purposes of subsection (1) (c) of this section a breach of any prescribed requirement is permitted only if- (a) The emergency involves a danger to life or property; and (b) The extent of the breach of the prescribed requirements 5 goes only as far as is necessary to deal with the emergency; and (c) There was no other reasonable means of alleviating, avoiding, or assisting with the emergency; and (d) The degree of danger involved in complying with the 10 prescribed requirement is clearly greater than the degree of danger involved in deviating from it. (3) Nothing in subsection (1) (c) of this section permits- (a) The operation of an aircraft that is not registered in Zealand or elsewhere; or 15 (b) The breach of any prescribed requirement as to the airworthiness of an aircraft; or (c) The operation of an aircraft by a person who is not lawfully entitled to operate that aircraft. 15. Functions of Minister-(1) The principal (function) 20 functions of the Minister under this Act shall be to promote safety in civil aviation at a reasonable cost, and to ensure that Zealand's obligations under international civil aviation agreements are implemented. (2) Without limiting subsection (1) of this section, the Minister 25 shall also have the following functions: (a) To administer Zealand's participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of Zealand is a party: 30 (b) To administer the Crown's interest in the aerodromes referred to in Part XI of this Act. (3) For the purposes of subsection (1) of this section, a cost is a reasonable cost where the value of the cost to the nation is 35 exceeded by the value of the resulting benefit to the nation. 1

23 Civil Aviation Law R form Functions of Secretary-The functions of the Secretary under this Act shall be as follows: (a) To establish procedures relating to entry into the Zealand civil aviation system, and to exercise control 5 over that entry through the granting of ( Zealand) aviation documents: (b) To monitor adherence to safety and security standards within the civil aviation system: (c) To control compliance with standards through the 10 imposition of restrictions or the suspension or removal from the civil aviation system of those persons, aircraft, aeronautical products, or aviation related services who or that do not comply with this Act or rules made under this Act: 15 (d) To ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security: (e) To investigate and review civil aviation accidents and incidents in his or her capacity as the responsible 20 safety and security authority, subject to the limitations set out in section 85 (3) of this Act: Struck Out (fj To notify the Air Accidents Investigation Commission of accident and incident reports provided to the 25 Secretary: (fj To notify the Transport Accident Investigation Commission in accordance with section 27 of this Act of accidents and incidents notified to the Secretary: 1 30 (g) To maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the Zealand Register of Aircraft and the Civil Aviation Registry: (h) To ensure the collection, publication, and provision of 35 charts and aeronautical information, and to enter into arrangements with any other person or organisation to collect, publish, and distribute such charts and information:

24 24 Civil Aviation Law Rs/orm (i) To promote safety in the civil aviation system by providing safety information and advice, and fostering safety education programmes: (j) To take such action as may be appropriate in the public 5 interest to enforce the provisions of this Act and of any regulations and rules made under this Act. 1 Cf. 1964, No. 68, s. 5; 1968, No. 39, s. 16 (1); 1969, No. 9, s. 3; 1976, No. 153, s Director of Civil Aviation Safety-The Secretary shall 10 (/Tom time to time) appoint under the State Sector Act 1988 a [chief aviation sq#ty adviser) Director of Civil Aviation Safety, who shall be a person possessing appropriate technical qualifications and experience. 15 (2) The Director shall have and may exercise such functions, powers, and duties as may be conferred or imposed on the Director by this Act, and as may be delegated to the Director by the Secretary under section 22 of this Act. 18. Power of Director to suspend aviation document 20 or impose conditions-(1) The (Secretary) Director may suspenci any l Zealand? aviation document issued under this Act or rules made under this Act or impose conditions in respect of any such document, if he or she considers such action necessary in the interests of safety, and if he or she- 25 (a) Considers such action necessary to ensure compliance with this Act or rules made under this Act; or (b) Is satisfied that the holder has failed to comply with any conditions of (a Zealand) an aviation document or with the requirements of section 13 of this Act; or 30 (c) Is satisfied that the holder has given false information for the purpose of obtaining that or any other ( Zealand) aviation document; or (d) Considers that the privileges or duties for which the document has been granted are not being carried out 35 or are being carried out by the holder in a careless or incompetent manner.

25 Civil Aviation Law R«orm 25 (2) Without limiting the eneral provisions of subsection (1) of this section, the (Secretary/ Director may suspend any ( Zealand) aviation document relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose 5 conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates. (3) The suspension of any ( Zealand) aviation document 10 or conditions imposed in respect of any such document shall remain in force until the (Secretary) Director has determined, after due investigation, the action to be taken in respect of the causes requiring the suspension or imposition of conditions; but the duration of any such suspension or conditions shall not 15 exceed 14 days unless the (Secretary) Director directs that a further specified period is necessary for the purposes of the investisation. (4) Ii, after investigation, the (Secretary) Director considers such action to be warranted, he or she may suspend for a 20 further period the ( Zealand) aviation document or impose further conditions, and he or she shall cause the appropriate endorsement to be made on the document concerned. (5) Any person whose ( ZealanA aviation document has been suspended or made subject to conditions under this 25 section shall forthwith produce that document to the (Secretary) Director for appropriate endorsement. (6) The whole or any part of (a Zealand) an aviation document may be suspended under this section. (7) Any person (a#kcted by any decision) in respect of whom 30 any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act. 19. Power of Secretary to revoke aviation document Struck Out (1) If, after an investigation under section 18 of this Act, the 35 Secretary considers it appropriate, he or she may revoke the relevant Zealand aviation document.

26 26 Civil Aviation Law R /orm ( 1) If, after an investigation under section 18 of this Act, the Director recommends that any relevant aviation document be revoked, the Secretary may revoke that document. (la) Where the Secretary roposes to revoke an aviation 5 document, the Secretary shal give notice in accordance with section 12 of this Act, which shall apply as if the proposed revocation were a proposed adverse decision under section 10 (1) (b) (ii) of this Act. (2) Any person whose Wew ZealancA aviation document has 10 been revoked shall forthwith surrender that document to the Secretary. (3) Any person (a#*ted by any decision) in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act Criteria for action taken under section 18 or section 19-(1) The provisions of this section shall apply for the purpose of determining whether (a Zealand) an aviation document should be suspended or made subject to conditions under section 18 or revoked under section 19 of this 20 Act. (2) Where this section applies, the Secretary may have regard to, and Bive such weight as the Secretary considers appropriate to, the tollowing matters: Stmck Out 25 1 (a) Any conviction for any transport safety offence, whether or not-- (i) The conviction was in a Zealand Court; or (ii) The offence was committed before the commencement of this Act: 30 (b) The fact that the person has been charged with any transport safety offence: (c) The breach or alleged breach of any rule made under this Act (whether or not a breach of the rule constitutes an offence). 35

27 Civil Aviation Law R#orm 27 1 (a) The person's compliance history with transport safety regulatory requirements: (b) Any conviction for any transport safety offence, whether 5 or not-- (i) The conviction was in a Zealand Court; or (ii) The offence was committed before the commencement of this Act: (c) Any evidence that the person has committed a transport 10 safety offence or has contravened or failed to comply with any rule made under this Act. (3) The Secretary shall not be confined to consideration of the matters specitled in subsection (2) of this section and may take into account such other matters and evidence as (the 15 Secretary considers) may be relevant. (4) The Secretary may- (a) Seek and receive such information as the Secretary thinks fit; or (b) Consider information obtained from any source. 20 (5) If the Secretary proposes to take into account any information that is or may be prejudicial to a person, the Secretary shall, subject to subsection (6) of this section, as soon as is practicable disclose that information to that person and give that person a reasonable opportunity to refte or comment on 25 it. (6) Nothing in subsection (5) of this section shall require the Secretary to disclose any information the disclosure of which would be likely to endanger the safety of any person. j 7) Where the Secretary determines not to disclose any 30 information in reliance on subsection (6) of this section,- (a) The Secretary shall inform the person of the fact of nondisclosure and that the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and 35 (b) The provisions of that Act shall apply to that nondisclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6 (d) of that Act. 21. power of Director to detain aircraft, seize 40 aeronautical products, and impose prohibitions and conditions--

28 28 Civil Aviation Law Rs/orm Struck Out r I (1) Where the Secretary believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical product may endanger persons or property, the Secretary may, if authorised by a warrant 5 given by a judicial officer on written application on oath, detain the aircraft or any aircraft of that class or seize the aeronautical product or any aeronautical products of that class. 1 (1) Where the Director believes on reasonable grounds that the 10 operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical product may endanger persons or property, the Director may, ii authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following: 15 (a) Detain the aircraft or any aircraft of that class: (b) Seize the aeronautical product or any aeronautical products of that class: (c) Prohibit the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any 20 aeronautical products of that class. (2) Where the (Secretary) Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical product may endanger persons or property and that prompt 25 action is necessary to prevent the danger, the (Seadary) Director may do all or any of the following: (a) Prohibit or impose conditons on the operation of the aircraft or all aircraft of that class: (b) Prohibit or impose conditions on the use of the 30 aeronautical product or aeronautical products of that class: (c) Detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. 35 (3) Any detention or seizure under subsection (1) or subsection (2) of this section shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical

29 Civil Aviation Law Rdorm 29 products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the (Secretary) Director for such period as the (Secretary) Director considers 5 necessary for that purpose. (4) The (,Secretary) Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1) of this section, provide in writing to the owner or that person the 10 reasons Ior the detention or seizure. (5) Any person (a#ected by any decision) in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 67 of this Act. (6) For the purpose of subsection (1) of this section, the 15 (Secretary) Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the (Secretary) Director considers appropriate in the circumstances. 20 (7) The Director shall be liable for the costs and expenses incurred by any person as a result of any action taken by the Director under this section only if that decision is reversed by a Court under section 68 (2) (b) (i) of this Act. 1 Struck Out Delegation of Secretary's functions or powers to employees of Ministry-The Secretary may, in accordance with section 41 of the State Sector Act 1988, delegate to any employee of the Ministry any of the functions, powers, or duties of the Secretary under this Act, other than the following: 30 (a) The power under section 37 of this Act to grant exemptions in respect of rules: (b) The power under section 19 of this Act to revoke Zealand aviation documents. L I 1

30 30 Civil Aviation Law R</orm 22. Delegation of Secretary's or Director's functions or powers to employees of Ministry-(1) The Secretary may, in accordance with section 41 of the State Sector Act 1988, delegate to any emplyee of the Ministry (including the 5 Director) any of the runctions, powers, or duties of the Secretary under this Act, other than the power under section 19 of this Act to revoke aviation documents. (2) The Director may in like manner delegate to any employee of the Ministry any of the functions, powers, or 10 duties of the Director under this Act; and section 41 of the State Sector Act 1988 shall apply to the Director as if he or she were a chief executive of a Department within the meaning of that Act. (3) Every delegation under this section shall, until revoked, 15 continue in force according to its tenor, notwithstanding the fact that the person by whom it was made may cease to hold office, and shall continue to have effect as ii made by the person for the time being holding that office. (4) Every person purporting to act under any delegation 20 under this section shall when reasonably requested produce evidence of his or her authority to do so. Cf. 1964, No. 68, s. 17; 1987, No. 108, s Delegation of Secretary's functions or powers to persons outside Ministry-(1) Subiect to subsection (1 A) of this 25 section, the Secretary may from time to time, either generally or particularly, delegate to such persons (not being employees of the Ministry) as he or she specihes any of his or her functions or powers under this Act, other than the following: (a) The power under this section to delegate functions and 30 powers: Struck Out (b) The power under section 37 of this Act to grant exemptions in respect of rules: (c) The power under section 18 of this Act to suspend 35 Zealand aviation documents and impose conditions: (d) The power under section 19 of this Act to revoke Zealand aviation documents:

31 Civil Aviation Law Rdorm 31 Struck Out (e) The power under section 21 of this Act to detain aircraft, seize aeronautical products, or impose prohibitions and conditions: 5 (da) The power under section 41 of this Act to suspend or revoke aviation documents: (f) The power under section 59 of this Act infringement notices. to issue 10 (14 The Secretary shall not delegate any function or power to any person or any class of persons not employed in the State Services (within the meaning of the State Sector Act 1988), except with the consent in writing of the Minister. 15 (2) Subject to any general or special directions given or conditions imposed by the Secretary, any person to whom any functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred 20 or imposed upon the person directly and not by delegation. (3) The Secretary may delegate any power or function under (subsection (1) 0/) this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time bein. 25 (4) Every delegation under this section shall be given for a specific or indefinite period but in either case shall be revocable at will and no such delegation shally)revent the exercise of any power or the performance of any runction by the Secretary. (5) Every delegation under (subsection (1) q/) this section shall, 30 until revoked, continue in force accor ding to its tenor, notwithstanding the fact that the Secretary by whom it was made may cease to hold office, and shall continue to have effect as if it was made by the person for the time being holding office as Secretary.

32 32 Civil Aviation Law R#orm (6) Every person rurporting to act under any delegation under this section snalf when reasonably requested produce evidence of his or her authority to do so. C 1964, No. 68, s General power of entry-(1) For the purpose of 5 carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act, every person duly authorised by the Secretary shall have right of access at any reasonable time to the following: (a) Any aircraft, aerodrome, building, or place: 10 (b) Any document or record concerning any aircraft, aeronautical product, or aviation related service. (2) Without limiting the power conferred by subsection (1) of this section, every person duly authorised by the Secretary who has reasonable grounds to believe that- 15 (a) Any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or (b) A condition imposed under any civil aviation document is not being complied with; or (c) A situation exists within the civil aviation system or is 20 about to exist that constitutes a danger to persons or propertymay at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) of this 25 subsection exists. (FA) Every person who is duly authorised to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2) of this Act may require the owner, occupier, or 30 operator, as the case may be,- (a) To produce any aviation document, certificate, book, manual, record, list, notice, or other document required by or under this Act to be kept by that owner, occupier, or operator; and 35 (b) To surrender any such aviation document, certificate, book, manual, record, list, notice, or other document. (3) Nothing in subsection (1) or subsection (2) of this section shall confer on any person the power to enter any (house. home unit. or apartment building) dwellinghouse, or any marae or building 40 associated with a marae, unless the entry is authorised by a

33 Civil Aviation Law Rdorm 33 warrant given by a judicial officer on written application on oath, which shall not be granted unless the judicial officer is satisfied that the entry is essential to enable the inspection to be carried out. 5 (4) Evefy warrant issued under subsection (3) of this section shall be directed to a named person and shall be valid for a period of 1 month from the date of its issue or such lesser period as the judicial officer considers appropriate; and the period of validity shall be shown in the warrant. 10 (5) Every person exercising the power of entry conferred by subsection (1) or subsection (2) of this section shall carry a warrant of authority issued by the Secretary specifying- (a) The name and the office or offices held by the person; and (b) That the person is authorised by the Secretary to exercise 15 the power conferred by subsections (1) and (2) of this section to enter aircraft, aerodromes, buildings, and places, and to carry out such inspection. (6) Every person exercising the power ot entry conferred by subsections (1) and (2) of this section shall produce the warrant of 20 authority and evidence of identity- (a) If practicable on first entering the aircraft, aerodrome, building, or place; and (b) Whenever subsequently reasonably required to do so. 25 (7) Every sworn member of the Police shall have and may exercise all or any of the powers conferred on a person who has been duly authorised by the Secretary under this section. 25. Powers of entry of Corporation-(1) Subject to subsection (3) of this section, (any air italic seruice prooider) 30 Airways Corporation of Zealand Limited may- (a) Enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment used for the purpose of carrying out the functions of (that seruice provider) the Corporation, being 35 equipment installed before the 1st day of January 1988; and (b) Perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing any such equipment.

34 34 Civil Aviation Law Rdorm Struck Out (2) For the purpose of this section, "air traffic service provider" means the holder of a current Zealand aviation document that lawfully entitles the provider to provide any air trafhc service. 5 (3) A certificate under the seal of the (air tra#c semice provider) Corporation containing a statement that any equipment of a kind referred to in subsection (1) of this section was installed before the 1 st day of Upril 1987) January 1988 shall be admissible in evidence in any proceedings and shall, in 10 the absence of proof to the contrary, constitute proof of that statement. (4) The power to enter upon land conferred by subsection (1) of this section shall be subject to the following conditions: (a) Entry to the land shall be made only by an officer, 15 employee, or agent of the (seruice prouider) Corporation authorised by it in writing, or by persons under the immediate control of such an officer, ernployee, or agent: (b) Reasonable notice of the intention to enter shall be given, 20 and the provisions of Part IX of the Maori Affairs Amendment Act 1974 shall apply in respect of notices served in the circumstances set out in that Part of that Act: (c) Entry shall be made at reasonable times: 25 (d) The officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority. (5) Subsection (4) of this section shall not apply where the entry 30 is necessary in circumstances of probable danger to life or property. (6) Any equipment owned by the (service provider) Corporation that is fixed to or installed over or under the land and is not owned by the (service provider) Corporation shall be 35 deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the (service provider) Corporation otherwise decides, and no person other than the (service provider) Corporation shall have any interest in any such equipment by reason only of having an interest in the land. 40

35 Civil Aviation Law Rdorm Obligation to noti all accidents and incidents- (1) The pilot-in-command of any aircraft that is involved in an air accident or incident shall, where required under this Act or rules made under this Act, (report) notify the accident or 5 incident to the Secretary as soon as practicable. (2) If, due to injuries or death, the pilot-in-command is unable to (report) give the necessary notice under subsection (1) of this section, the operator shall provide the necessary (report) notice. (3) Any search and rescue operation for an aircraft which is 10 terminated without finding either the aircraft or wreckage of the aircraft shall be (reportea notified to the Secretary by the authorities concerned. (4) The Secretary may on receipt of a reportl being notied under subsection (1) or subsection (2) or subsection (3) of this section 15 request such additional information, in such form as he or she considers appropriate in each specific case, and the pilot-incommand or operator or person of whom the request is made shall provide the additional information forthwith. 27. Duty of Secretary to notify accidents and incidents 20 to Transport Accident Investigation Commission- Struck Out (1) The Secretary shall provide to the Air Accidents Invest*ation Commission, as soon as practicable after receipt thereot, any report received under section 26 of this Act that 25 concerns any ot the following: (a) Accidents involving foreign aircraft: (b) Accidents at the interface of the civil and military aviation systerns: (c) Accidents involving any aircraft operating for hire or 30 reward and principally used for the transport of passengers or goods: (d) Accidents involving any aircraft exceeding 2250 kg maximum certified take-off mass: (e) Accidents involving fatalities to persons: 35 (f) Incidents involving more than one aircraft where at least one of the aircraft is principally used for the transport for hire or reward oi passengers or goods and where in the opinion of at least one of the pilots involved a collision was only narrowly avoided.

36 36 Civil Aviation Law R#orm (1) As soon as practicable after any accident or incident is notified to the Secretary under section 26 of this Act, the Secretary shall notify the Transport Accident Investigation Commission that he or she has been notified of the accident or 5 incident, if it is of any of the following kinds: (a) An accident involving foreign aircraft: (b) An accident at the interface of the civil and military aviation systems: (c) An accident or incident involving any aircraft operating 10 for hire or reward and principally used for the transport of passengers or goods: (d) An accident or incident involving any aircraft exceeding 2250 kg maximum certified take-off mass: (e) An accident involving the death of or serious injury to any 15 person: (f) An incident involving more than one aircraft where at least one of the aircraft is principally used for the transport for or hire or reward of passengers or goods and where in the opinion of at least one of the pilots 20 involved a collision was only narrowly avoided. (2) Where a search and rescue operation for a missing aircraft is terminated without finding the aircraft or wreckage of the aircraft, the Secretary shall forthwith upon notification of such termination under section 26 of this Act, where he or she 25 has reasonable cause to believe that the missing aircraft is included under any of the categories specified in subsection (1) of this section, (provide to the Air Accidents Investigation Commission a Tepon concerning that aircr*t) notify the Transport Accident Investigation Commission accordingly. 30 PART III RULES 28. Power of Minister to make ordinary rules-(1) The Ministerl on the recommendation of the Secretary) may from time to time make rules (in this Part of this Act called ordinary rules) 35 for all or any of the following purposes: (a) The implementation of Zealand's obligations under the Convention:

37 Civil Aviation Law R</orm 37 (b) The provision of aviation meteorological services, search and rescue services, and (national) civil aviation security programmes and services: (c) Any other matter related or reasonably incidental to any 5 of the functions of the Minister set out in section 15 of this Act, or the functions of the Secretary set out in section 16 of this Act. (2) Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, 10 aeronautical procedures, or aviation related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation related service in different circumstances. (3) Any ordinary rule may apply generally throughout 15 Zealand or within any specified part or parts of Zealand. (4) The commencement of any ordinary rule may be wholly suspended until it is applied by the lsecret4ty) Minister by notice in the Gazette. (5) No ordinary rule shall be invalid because it confers any 20 discretion upon or allows any matter to be determined or approved by the Secretary or any other person, or allows the Secretary or any other person to impose requirements as to the performance oi any activities. (6) No breach of any ordinary rule shall constitute an offence 25 against this Act unless that offence is prescribed in regulations made under this Act. (7) Every ordinary rule is hereby deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989, but shall not be a regulation or an instrument for the purposes 30 of the Acts and Regulations Publication Act (8) So far as the bylaws of any local authority are inconsistent with or repugnant to any ordinary rule made under this Act in force in the same locality, the bylaws shall be construed subject to the rules. 35 (9) Notwithstanding section 28 of the State Sector Act 1988, the Minister shall not delegate his or her power to make ordinary rules under this Act. 29. Rules relating to safety and security-without limiting the power conferred by section 28 of this Act, in the 40 interests of safety and security within the civil aviation system the Minister may make all or any of the following ordinary rules: (a) Rules providing for the classification, designation, special use, prohibition, and the restriction of airspace and

38 38 Civil Aviation Lau, Reform thinss affecting navigable airspace, including airspace used by aircraft used by the Zealand Detence Force or a visiting force: (b) Rules providing for the use of aerodromes and other aviation related facilities, including but not limited to 5 the following: (i) The provision of identification procedures for persons, aircraft, and any other aviation related things: (ii) The prevention of interference with aerodromes 10 and other aviation related facilities: (c) General operating rules, air traffic rules, and flight rules, including but not limited to the following: (i) The conditions under which aircraft may be used or operated, or under which any act may be 15 performed in or from an aircraft: (ii) The prevention of aircraft endangering persons or property: (d) Rules providing for the control of things likely to be hazardous to aviation safety, including but not limited 20 to the following: (i) The safe carriage of firearms and other dangerous or hazardous goods or substances by air: (ii) The construction, use, or operation of anything likely to be hazardous to aviation safety Rules relating to general matters-without limiting the power conferred by section 28 of this Act, the Minister may make ordinary rules for all or any of the following purposes: Struck Out (a) The designation, classification, and certification of all or 30 any of the following: (i) Aircrew and ail other personnel within the civil aviation system: (ii) Aircraft: (iii) Aeronautical products: 35 (iv) Aerodromes: (v) Aeronautical procedures: (vi) Aerodrome operators: (vii) Air operators: (viii) Air traffic services: 40 (ix) Aviation security services:

39 Civil Aviation Law Rs/orm 39 Struck Out (x) Aviation weather and communications services: (xi) Aviation sports and recreation organisations: (xii) Training organisations for personnel within the 5 civil aviation system: (xiii) Organisations providing other aviation related services: (xiv) Any other person, facility, or equipment used to provide services in the civil aviation system: 10 (a) The designation, classification, and certification of all or any of the following: (i) Aircraft: (ii) Aircraft pilots: 15 (iii) Flight crew members: (iv) Air trafhc service personnel: (v) Aviation security service personnel: (vi) Aircraft maintenance personnel: (vii) Air services: 20 (viii) Air traffic services: (ix) Aerodromes and aerodrome operators: (x) Navigation installation providers: (xi) Aviation training organisations: (xii) Aircraft design, manufacture, and 25 maintenance organisations: (xiii) Aeronautical procedures: (xiv) Aviation security services: (xv) Aviation meteorological services: (xvi) Aviation communications services: 30 (xvii) Any other person who provides services in the civil aviation system, and any aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, 35 aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system. (b) The setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons

40 40 Civil Aviation Law R«orm or things specified in paragraph (a) of this section, including but not limited to the following: (i) The specification of the privileges, limitations, and ratings associated with licences or other forms of approval: 5 (ii) The setting of standards for training systems and techniques, including recurrent training requirements: (iii) The setting of medical standards for personnel: (iv) The requirement for proof of access to 10 appropriate weather services: (v) The specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identincation of aeronautical products: 15 (vi) The requirements for notification of insurance coverage for commercial air operations: (vii) The format of ( Zealand) aviation documents, forms, and applications, including the specification of information required on all 20 application forms for ( Zealand) aviation documents: (viii) The provision of information to the Secretary by applicants for or holders of ( Zealand) aviation documents: 25 (c) The conditions of operation of foreign aircraft and international flights to, from, or within Zealand: (d) The definitions, abbreviations, and units of measurement to apply within the civil aviation system. Cf. 1964, No. 68, s. 29 (4), (5); 1970, No. 52, s. 2 (1) Power o f Director to make emergency rules Struck Out 1 (1) The Secretary may from time to time, in accordance with section 35 of this Act, make such emergency rules as may be necessary for the maintenance of safety or security in the civil 35 aviation system.

41 Civil Aviation Law R</orm 41 (1) Subject to subsection (1 A) of this section, the Director may from time to time, in accordance with section 35 of this Act, make such emergency rules as may be necessary to alleviate or 5 minimise any risk ot the death of or a serious injury to any person, or of damage to any property. (la) The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or 10 minimise the risk concerned. (2) The Minister may revoke any emergency rule made under subsection (1) of this section, and the revocation shall be notified as if it were an emergency rule. 15 (3) Every emergency rule is hereby deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989, but shall not be a regulation or an instrument for the purposes of the Acts and Regulations Publications Act Procedures relating to rules 20 Struck Out (1) Every rule shall be classified as being an ordinary rule or an emergency rule. (2) Every ordinary rule shall- (a) Be signed by the Minister; and 25 (b) Contain a statement specifying the objective of the rule and the extent of any consultation under section 34 of this Act; and (c) Set out fully the requirements of the rule, except where by reason of size or length certain information is 30 incorporated in the rule by reference under section 36 of this Act. (3) Every emergency rule shall- (a) Be signed by the lsecretag) Director; and

42 42 Civil Aviation Law R</brm (b) Contain a statement specifying the objective of the rule and the extent of the consultation under section 35 of this Act that took place before the making of the rule; and (c) Set out fully the requirements of the rule, except where 5 by reason of size or length certain information is incorporated in the rule by reference under section 36 of this Act. 33. Matters to be taken into account in making rules- (1) The ordinary rules made by the Minister and the emergency 10 rules made by the (Secretaryl Director shall not be inconsistent with the following: (a) The standards of ICAO relating to aviation safety and security, to the extent adopted by Zealand: (b) Zealand's international obligations relating to 15 aviation safety and security. (2) In making any rule the Minister or the (Secretary) Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following: 20 (a) The recommended practices of ICAO relating to aviation safety and security, to the extent adopted by Zealand: (b) The level of risk existing to aviation safety in each proposed activity or service: 25 (c) The nature of the particular activity or service for which the rule is being established: (d) The level of risk existing to aviation safety and security in Zealand in general: (e) The need to maintain aviation safety and security: 30 (f) The costs of implementing aviation safety and security nneasures: (g) The international circumstances in respect of aviation safety and security: (h) Such other matters as the Minister or the (Secretary) 35 Director considers appropriate in the circumstances. 34. Procedures for making ordinary rules

43 Civil Aviation Law Rdorm 43 Struck Out (1) Before recommending the making of any ordinary rule, the Secretary shall consult with such persons, representative groups within the aviation industry or elsewhere, Government 5 departments, and Crown agencies as the Secretary in each case considers appropriate. (1) Before making any ordinary rule, the Minister shall- (a) Publish a notice oi his or her intention to make the rule in 10 each of 5 daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, respectively, or publish the notice in the Gazette; and (b) Give.interested persons a reasonable time, which shall be specified in the notice published under paragraph (a) of 15 this subsection, to make submissions on the proposal; and (c) Consult with such persons, representative groups within the aviation industry or elsewhere, Government departments, and Crown agencies as the Minister in 20 each case considers appropriate. (2) Subject to subsection (3) of this section, every ordinary rule shall be notified in the Gazette and be made available by the Secretary for purchase by members of the public at a reasonable price, and the notification shall specify a place 25 where the rule is available for inspection free of charge and fge purchase. (3) Where for reasons of security it is inappropriate to notify a rule under subsection (2) of this section, the Minister shall notify such persons as he or she considers appropriate or necessary in 30 the circumstances and service of notincation may be effected in such other manner as the Minister considers appropriate or necessary in the circumstances, and the rule shall apply only to the persons so notified. (4) Every ordinary rule shall come into force on the 28th day 35 after the date of its notification in the Gazette or on such later day as may be specified in the rule or under section 28 (4) of this Act or, where notified by service on any person under subsection

44 44 Civil Aviation Law Rdorm (3) of this section, immediately upon service of the rule upon that person and in respect of that person only. 35. Procedures for making emergency rules-(1) Before making an emergency rule, the <Secretaryl Director shall consult with such persons, representative groups within the aviation 5 industry or elsewhere, Government departments, and Crown agencies as the (Secretary) Director in each case considers appropriate. (2) Subject to subsection (4) of this section, every emergency rule shall be notified in the Gazette and be made available by 10 the (Secretary) Director for purchase by members of the public at a reasonable price, and the notification shall specify a place where the rule is available for inspection free of charge and may be purchased. (3) Every emergency rule shall come into force immediately 15 upon its being notified in the Gazette, or, where notified by service on any person under subsection (4) of this section, immediately upon service of notification upon that person only and in respect of that person only. (4) Where for reasons of safety or security it is impracticable 20 or inappropriate to notify an emergency rule under subsection (2) of this section, the (Secretary) Director shall notify such persons as he or she considers appropriate or necessary in the circumstances and service ot such notification may be effected by facsimile, telephone, or such other manner as the (Secretary) 25 Director considers appropriate or necessary in the circumstances. Struck Out (5) No emergency rule made under this section shall be in force for a period exceeding 20 days, but any emergency rule 30 may be renewed from time to time. 1 (5) An emergency rule may be in force for a period not exceeding 90 days, and may be renewed once only for a further period not exceeding 90 days. 35 (6) So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail.

45 Civil Aviation Law Reform Incorporation by reference-(1) The following may be incorporated by reference into a rule made by the Minister or the (SecretaTy) Director: (a) Standards, requirements, or recommended practices of 5 international aviation organisations: (b) Standards, requirements, or rules prescribed under law by any other contracting State of ICAO: (c) Standards, requirements, or rules of any aviation sport or aviation recreational organisation: 10 (d) Any other written material or document that, in the opinion of the (Secretary) Minister and the Director, is too large or impractical to be printed as part of the rule. (2) Any material incorporated by reference under subsection 15 (1) of this section shall be deemed for all purposes to form part of the rule but any amendment to the material by the person or organisation originating it shall not come into force as a rule until a rule to that effect has been made under this Act. (3) All material incorporated by reference under subsection (1) 20 of this section shall be made available (by the Secretary) at the Civil Aviation Registry for inspection by the public free of charge. 37. Exemption power of Director-(1) The (Secretary) Director may, if he or she considers appropriate and upon such 25 conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28 or section 29 or section 30 of this Act. (2) Before granting an exemption under subsection (1) of this 30 section, the (Secretary) Director shall be satisfied in the circumstances of each case that- (a) The requirement has been substantially complied with and that further compliance is unnecessary; or (b) The action taken or provision made in respect of the 35 matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or (c) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or 40 (d) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,- and that the risk to safety will not be significantly increased by the granting of the exemption.

46 46 Civil Aviation Law Rdorm (2A) The number and nature of exemptions granted under subsection (1) of this section shall be notified as soon as practicable in the Gazette. (3) Nothing in this section shall apply in any case where any 5 rule specifically provides that no exemptions are to be granted. PART IV FEES AND CHARGES 38. Fees and charges- Struck Out 10 1 (1) There shall be payable, in accordance with this section and regulations made under this Act, such fees and charges as may be prescribed in regulations made under this Act. (1) Without limiting the general power to make regulations 15 conferred by section 106 of this Act, but subject to the provisions of this Act, the Governor-General may from time to time, by Order in Council, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes: 20 (a) To provide funds for the establishment, maintenance, and operation of works, facilities, and services under this 1 Act: (b) To defray the costs and expenses incurred by the Ministry or its officers and employees in the exercise of 25 functions, powers, and duties, and in providing services, under this Act: (c) Generally for the purposes of civil aviation. (2) Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, 30 aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis.

47 Civil Aviation Lau, Rs/orm 47 (2A) Any such regulations may- (a) Specify the persons by whom and to whom any fees or charges are payable: 5 (b) Prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays: (c) Prescribe additional charges for reimbursement of 10 travelling time, accommodation, and other expenses: (d) Require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns: (e) Provide for the refund or waiver of any fee or charge in 15 whole or in part, in any specified case or class of cases. 1 Struck Out (3) Fees and charges that relate to or affect any airport shall not be prescribed except on the advice of the Minister given 20 after consultation with the airport authority operating or managing the airport. (4) Fees and charges under this section shall be payable to such person or airport authority as may be prescribed in that behalf, and where no person or airport authority is so 25 prescribed, shall be payable to the Secretary. (5) Any person by whom any fees or charges are payable shall make such returns in such manner and subject to such conditions as may be prescribed in that behalf. Nezu 30 (3) Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority. 1

48 48 Cruil Auiation La,zu R*Trn (6) For the lpurpose of subsections (3) and (4)) purposes of this section, the expressions "airport" and "airport authority" shall have the same meaning as in the Airport Authorities Act CE 1964, No. 68, s. 13A; 1986, No. 128, s. 8 (3) Struck Out Rebate for industry groups-(1) A percentage rebate of fees or charges for persons using a range of aviation services over a period of time may be granted by the person or authority to whorn the fees or charges are payable. (2) Any such rebate shall be based on quantity of services 10 used and shall be offered on an equal percentage basis to all similar participants in the civil aviation system and shall be granted in accordance with regulations made under this Act. 39. Rebates-(1) The person or authority to whom any fees 15 and charges are payable under regulations made under this Act may grant a rebate of such fees and charges to any person who is liable to pay them. (2) Every rebate of fees or charges granted under subsection (1) of this section shall- 20 (a) Be based on the quantity of services used by the person liable to pay the fees or charges; and (b) Be offered on an equal percentage basis to any other person using a similar quantity of such services; and (c) Be granted in accordance with regulations made under 25 this Act. Struck Out 40. Time for payment of fees and charges-(1) Any fees or charges payable under this Act shall be paid at the time of application or at such later time as the Secretary may allow. 30 (2) Reulations may provide for a discount for early payment of any fees or charges or a penalty for late payment on an equal basis to all similar participants in the civil aviation system. (3) Where any fee or charge is payable as part of any application or for the provision of any service, the Secretary or 35

49 Civil Auiation Law Reform 49 Struck Out other person asked to process the application or provide the service may, unless the safety of any person would be put at risk, decline to do so unless the appropriate fee or charge has 5 been paid or arrangements acceptable to the Secretary or other person have been made for the fee or charge to be paid Payment of fees and charges-(1) Except as otherwise provided in any regulations made under this Act, fees and 10 charges payable under this Act shall accompany the application in respect of which the fees and charges are payable. (2) Any regulations made under this Act may- (a) Prescribe a date by which any such fee or charge is payable or authorise the Secretary to fix the date by 15 which the fee or charge is payable: (b) Provide for a discount for early payment of any such fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge Struck Out Suspension or cancellation of Zealand aviation document for non-payment of fees and charges-the Secretary may at his or her discretion suspend or cancel any Zealand aviation document of any person 25 who has not paid all fees and charges payable under this Part of this Act within the time specified. 41. Suspension or revocation of aviation document for failure to pay fees or charges-(1) The secretary may 30 suspend any aviation document if all fees and charges payable in respect of that document under this Act have not been paid within the time prescribed or fxed for payment of those fees

50 50 Civil Aviation Law A*rm 1 and charges, and the Secretary may revoke that document if such fees and charges remain unpaid for a period of at least 6 months after the day on which payment is due. (2) Before suspending or revoking any aviation document 5 under subsection (1) of this section, the Secretary shall notify the holder of- (a) The Secretary's intention to suspend or revoke the document; and (b) The right of appeal available to the holder in the event of 10 the document being suspended or revoked. (3) Where any fee or charge is payable as part of any application or for the provision of any service, the Secretary or other person asked to process the application or provide the service may, unless the safety of any person would be put at 15 risk, decline to do so unless the appropriate fee or charge has been paid or arrangements acceptable to the Secretary or other person have been made for the fee or charge to be paid. (4) Any person in respect of whom any decision is taken under subsection (1) of this section may appeal against that 20 decision to a District Court under section 67 of this Act Recovery of fees and charges for aviation related services-- Struck Out (1) Subject to subsection (2) of this section, where aviation 25 related services are used in respect of any aircraft, the person whose name appears in respect of that aircraft on the Zealand Register of Aircraft established under section 7 of this Act shall, whether or not that person is the actual user of the services, be deemed to be the user and shall be personally liable 30 to pay all fees and charges that are payable under this Part of this Act to the person providing the services.

51 Civil Aviation Law Rdorm 51 (1) Subject to subsection (2) of this section, where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Ministry or the 5 Corporation in relation to any aircraft, the person whose name appears in respect of that aircraft on the Zealand Register ot Aircraft shall be deemed to be liable to pay that fee or charge. (2) Any person who would otherwise be liable to pay Vor the 10 use of aviation related services) a fee or charge in relation to an aircraft in terms of subsection (1) of this section shall not be so liable if that person- (a) Proves that during any relevant period of use of the aircraft that person was not entitled, whether alone 15 or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and (b) Has taken all reasonable steps to supply (the person providing the services) Ministry or the Corporation with 20 such information as would identify the actual user. PART V OFFENCES AND PENALTIES Safety Ofences 43. Endangerment caused by holder of aviation 25 document-(1) Every holder of (a Zealand) an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission (8 likely to cause) causes unnecessary danger to any 30 other person or to any property. (2) Every person who commits an offence against subsection (1) of this section is liable,- (a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fme not exceeding 35 $10,000; or (b) In the case of any other person, to a fine not exceeding $100,000. (3) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this 40 Act.

52 52 Civil Aviation Law Rs/brm 44. Dangerous activity involving aircraft, aeronautical product, or aviation related service-(1) Every person commits an offence who- (a) Operates, maintains, or services; or (b) Does any other act in respect of- 5 any aircraft, aeronautical product, or aviation related service, in a manner which (is likely to cause) causes unnecessary danger to any other person or to any property. (2) Every person commits an offence who- (a) Causes or permits any aircraft, aeronautical product, or 10 aviation related service to be operated, maintained, or serviced; or (b) Causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,- 15 in a manner which (8 likely to cause) causes unnecessary danger to any other person or to any property. (3) Every person who commits an offence against subsection (1) or subsection (2) of this section is liable,- (a) In the case of an individual, to imprisonment for a term 20 not exceeding 12 months or a fine not exceeding $10,000; or (b) In the case of any other person, to a flne not exceeding $100,000. (4) The provisions of this section shall be in addition to and 25 not in derogation of any regulations or rules made under this Act. Stuck Out 45. Defence of reasonable care-in any proceedings in respect of an offence against section 43 or section 44 of this Act, it 30 is not sufficient for the defendant, in support of a defence of the taking of reasonable care to avoid unnecessary danger, to prove merely that his or her or its conduct was not materially different from that of holders of similar Zealand aviation documents, or from the practice of other persons in the civil 35 aviation industry. 46. Court may disqualify holder of aviation document or impose conditions on holding of document-(1) In addition to any penalty the Court may impose under section 43 or section 44 of this Act, the Court may, on convicting any person 40 of an offence against either of those sections,-

53 Civil Aviation Law Rdorm 53 (a) Disqualify the person convicted from holding or obtaining (a Zealand) m aviation document or a particular ( Zealand) aviation document; or (b) Impose on any ( Zealand) aviation document held by 5 or issued to the person convicted such restrictions or conditions or both as the Court, having regard to the circumstances of the offence, thinks fitfor such period not exceeding 12 months as the Court thinks fit. 10 (2) Nothing in subsection (1) of this section shall affect or prevent the exercise by the Secretary of his or her powers under section 10 (1) (b) (ii) of this Act. Struck Out Acting without necessary Zealand aviation document-every person who does anything for which a Zealand aviation document is required under this Act or rules made under this Act without holding the appropriate current Zealand aviation document commits an offence and is 20 liable, - (a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $ 10,000; or (b) In the case of any other person, to a fine not exceeding 25 $100, Acting without necessary aviation document- (1) Every person commits an offence who- (a) Operates, maintains, or services; or 30 (b) Does any other act in respect ofany aircraft, aeronautical product, or aviation related service, either without holding the appropriate current aviation document or knowing that a current aviation document is required to be held in respect of that aircraft, product, or

54 54 Civil Aviation Law Reform service before that act may lawfully be done and knowing that the appropriate aviation document is not held. (2) Every person who commits an offence against subsection (1) of this section is liable,- 5 (a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or (b) In the case of any other person, to a fine not exceeding $100, Additional penalty for offences involving commercial gain-(1) In addition to any penalty the Court may impose under section 43 or section 44 or section 47 of this Act, the Court may, on convicting any person of an offence specified in any of those sections, order that person to pay an amount 15 not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the Court is satisfied that the offence was committed in the course of producing a commercial gain. (2) For the purpose of subsection (1) of this section, the value of 20 any gain shall be assessed by the Court, and shall be recoverable in the same manner as a fine. General Ofences for aviation docurnent while 49. Applying disqualined-(1) Every person commits an offence who 25 applies for or obtains (a Zealand) an aviation document while disqualified by an order of the Court from obtaining such a document and any such document so obtained shall be of no eftect. (2) Every person who commits an offence against subsection (1) 30 of this section is liable,- (a) In the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000; or (b) In the case of any other person, to a fine not exceeding 35 $20,000,- and the Court may order the person to be disqualified from holding or obtaining (a Zealand) an aviation document for such period not exceeding 12 months as the Court thinks flt.

55 Civil Aviation Law R#orm Communicating false information or failing to disclose information relevant to granting or holding of aviation document-(1) Every person commits an offence who- 5 (a) By any means provides to the Secretary information refevant to tne Secretary's exercise of powers under (sections 11 and 12) sections 10 to 12 of this Act knowing the information to be false or in a manner reckless as to whether it is false; or 10 (b) Being an applicant for (a Zealand) 211 aviation document, fails, without reasonable excuse, to provide to the Secretary information known to that person which is llikely to be material to the Secretaly's exercise of powers under section 11) relevant to the 15 Secretary's exercise of powers under sections 10 to 12 of this Act in respect of that application. (2) Every person who commits an offence against subsection (1) of this section is liable,- (a) In the case of an individual, to imprisonment for a term 20 not exceeding 12 months or a fine not exceeding $5,000; or (b) In the case of any other person, to a fine not exceeding $30, Obstruction of persons duly authorised by 25 Secretary-(1) Every person commits an offence who obstructs or impedes any person who is duly authorised by the Secretary and acting in the performance or exercise of any functions, duties, or powers conferred on him or her by this Act, or by any rules made under this Act, and is liable,- 30 (a) In the case of an individual, to imprisonment for a term not exceeding 3 months or a fme not exceeding $2,000; or (b) In the case of any other person, to a flne not exceeding $10, (2) Subsection (1) of this section shall apply only where the person obstructed or impeded is in uniform or produces evidence of his or her authority. 52. Trespass-Every person commits an offence and is 40 liable to imprisonment for a term not exceeding 3 months or a

56 56 Civil Aviation Law R /orm fine not exceeding $2,000 who, without reasonable excuse, enters or remains within any aerodrome or any building or area in which are operated technical facilities or services for civil aviation, when directed not to enter or not to remain by a person duly authorised by the Secretary in writing for that 5 purpose, a member of the Zealand Police, or an aviation security officer, or by notice posted by one of those persons. 53. Failure to maintain accurate records-(1) Every person commits an offence who contravenes any provision of this Act or any rule made under this Act that requires that 10 person- (a) To make accurate entries in a record; or (b) To maintain an accurate record; or (c) To produce to the Secretary an accurate record. (2) Every person who commits an offence against subsection (1) 15 of this section is liable,- (a) In the case of an individual, to a flne not exceeding $5,000; or (b) In the case of any other person, to a fine not exceeding $30, Contravention of emergency rule, prohibition, or condition-every person who, without reasonable excuse, acts in contravention of or fails to comply with any emergency rule made under section 31 of this Act or any prohibition or condition notified under section 21 of this Act commits an 25 offence and is liable,- (a) In the case of an individual, to a fine not exceeding $5,000; or (b) In the case of any other person, to a fine not exceeding $30, Security Ofences 55. Security area offences-(1) Every person commits an offence who, on being found in a security area,- (a) Refuses to state his or her name, address, and authority to enter the security area after- 35 (i) Having been informed that he or she is in a security area; and (ii) Having been requested by an aviation security officer to state those particulars; Candi QE (b) Refuses forthwith to leave the security area after having 40 been ordered by an aviation security officer to do so.

57 Civil Aviation Law Rdorm 57 (2) Every person who commits an offence against subsection (1) of this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. C 1964, No. 68, s. 21E (3), (6); 1976, No. 153, s Personation or obstruction of aviation security ofrcer-(1) Every person commits an offence who, not being an aviation security officer,- (a) By words, conduct, demeanor, or the assumption of the dress, name, designation, or description oi an aviation 10 security officer, holds himself or herself out as being an aviation security officer; or (b) Wilfully obstructs, or incites or encourages any person to obstruct an aviation security officer in the execution of his or her duty. 15 (2) Every person who commits an offence against subsection (1) of this section is liable to imprisonment for a term not exceeding 3 months or a fme not exceeding $2,000. Cf. 1964, No. 68, s. 211; 1976, No. 153, s Communicating false information affecting 20 safety-(1) Every person commits an offence who by any means provides to another person information relating to the safety of an aircraft, aerodrome, aeronautical product, aviation related service, or any other facility or product used in or connected with aviation, or an) person associated therewith, 25 knowing the information to be ralse or in a manner reckless as to whether it is false. (2) Every person who commits an offence against subsection (1) of this section is liable,- (a) In the case of an individual, to imprisonment for a term 30 not exceeding 12 months or a fine not exceeding $10,000; or (b) In the case of any other person, to a fine not exceeding $100,000. (3) Where the commission of an offence against subsection (1) 35 of this section causes financial loss to any person and where the Court imposes a fine under subsection (2) of this section in respect oi that offence, the Court may order that such part of the fine as it thinks flt, but in any event not more than one-half of the fine, be awarded to that person.

58 58 Civil Aviation Law R#orm Infringement 0#ences 58. Infringement offences-( 1) In this Act "infringement offence" means an offence specitled as such in regulations made under this Act. j2) Where any person is alleged to have committed an 5 infringement offence that person may either- (a) Be proceeded against summarily for the alleged offence; or (b) Be served with an infringement notice as provided in section 59 of this Act Infringement notices-(1) Where the Secretary or any person duly authorised by the Secretary observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may 15 be issued to that person by the Secretary or the authorised person. (2) An infringement notice may be served- (a) By delivering it personally to the person who appears to have committed the infringement offence; or 20 (b) By sending it by post addressed to him or her at his or her last known place or residence or business; or (c) Where the person is a holder of (a Zealand) an aviation document, by serving it by post on that person at his or her last address for service provided 25 under section 9 of this Act. (3) For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person by post under (subsection (2) (b)) paragraph (b) or paragraph (c) of subsection (2) of this section shall be deemed to have been served on the person 30 when it (was 30 posted) would have been delivered in the ordinary course of post. (4) Etery infringement notice shall be in the prescribed form and shall contain the following particulars: (a) Such details of the alleged infringement offence as are 35 sufficient fairly to inform a person of the time, place, and nature ot the alleged offence: (b) The amount of the infringement fee for that offence: (c) The address at which the infringement fee may be paid: (d) The time within which the infringement fee shall be paid: 40 (e) A summary of the provisions of section 21 (10) of the Summary Proceedings Act 1957: (fj A statement of the right of the person served with the notice to request a hearing:

59 Civil Aviation Law Rdorm 59 (g) A statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing: (h) Such other particulars as are prescribed in regulations 5 made under this Act. (5) Different forms of infringement notices may be prescribed in reslations made under this Act in respect of different kinds ot infringement offences. 10 (6) Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section shall, with the necessary 15 modifications, apply. Disqual#ication 60. Effect of disqualification-(1) Where the holder of (a Zealand) aviation document is disqualified by an order of a Court from holding or obtaining (a Zealand) an 20 aviation document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect. (2) If the holder of (a Zealand) m aviation document is disqualified from holding or obtaining a document (for a period 25 of more than 12 months ot for 2 ot more cumulative periods totalling more than 12 months), and the disqualification will expire before the expiration of the term Of tne document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests 30 and fulfils such requirements as the Secretary may from time to time specify. Cf. 1964, No. 68, s. 24A; 1975, No. 34, s Commencement of period of disqualification- Where an order is made disqualifying any person from holding 35 or obtaining (a Zealand) aviation document, the period of disqualification shall commence on the date of the making of the order unless the Court making the order directs that the period of disqualification shall commence on a later date. Cf. 1964, No. 68, s. 24c; 1975, No. 34, s. 6

60 60 Civil Aviation Law Adorm 62. Retention and custody of document-(1) Where by an order of a Court the holder of (a Zealand) an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender 5 the document to- (a) The Court where the order was made; or (b) To any person authorised by the Minister to accept such documents. (2) Where (a Zealand) an aviation document is so 10 surrendered, it shall forthwith be forwarded to the Secretary who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return. 15 (3) If the person entitled to the document is a person to whom section 60 (2) of this Act applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision. Cf. 1964, No. 68, s. 240; 1975, No. 34, s Removal of disqualification-(1) Subject to this section, any person who by order of a Court is disqualihed for a period exceeding 6 months from holding or obtaining la Zealand) an aviation document may, after the expiration of 6 months after the date on which the order of disqualification 25 became effective, (and there#ter from time to time,) apply to the Court by which that order was made to remove the disqualification. (2) On an application under this section the Court may, having regard to the character of the applicant and the 30 applicant's conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application. Struck Out 35 (3) Where any such application is refused, a further application shall not be entertained if it is made within 3 months after the date of that refusal. 1 (4) Where the disqualification was ordered by a District Court, every application under this section shall be made to a 40

61 Civil Aviation Law Rdorm 61 5 District Court Judge exercising jurisdiction in the Court by which the order was made. (5) Notice of every application under this section shall be served on the Secretary who shall have a right to appear and be heard in respect of the matter. CE 1964, No. 68, s. 24E; 1975, No. 34, s Particulars of disqualification orders, etc., to be sent to Secretary--Where a Court Inakes an order disqualifying a person from holding or obtaining (a Zealand) an aviation document or imposes restrictions or conditions (or both) on any ( Zealand) aviation document held by or issued to any person or makes an order under section 63 of this Act removing any disqualification, particulars of the order shall be sent by the Registrar of the Court to the Secretary. Cf. 1964, No. 68, s. 2*; 1975, No. 34, s Appeals against disqualification-(1) For the purposes of Part IV of the Summary Proceedings Act 1957, an order of a District Court by which any person is disqualifted from holding or obtainin (a Zealand) an aviation document shall be deemea to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the Court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect. (2) Any person who is disqualified by an order of a District Court from holding or obtaining (a Zealand) an aviation document and who applies for a removal of that disqualification and whose application is refused, may appeal against the refsal to the Higli Court, and in any such case the provisions of Part IV of the Summary Proceedings Act 1957 shall, with the necessary modifications, apply. (3) Any person who is disqualified by an order of the High Court from holding or obtaining (a Zealand) an aviation document and who applies for a removal of that disqualification and whose application is refused, may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the refusal, and in any such case the provisions of subsections (3) to (5) of section 379A of the Crimes Act 1961 shall, with the necessary modifications, apply as if it were an appeal under that section. (4) Where application is made to the Court of Appeal for leave to appeal to that Court against a sentence of the High

62 62 Civil Aviation Law R /orm Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pendin the application for leave to appeal and, if leave is granted, pending the appeal. (5) Where an appeal to the High Court or Court of Appeal is 5 allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Secretary who shall have a right to appear and be heard in respect of the matter. (6) In determining the expiration of the period for which a 10 person is disqualified from holding or obtaining (a Zealand) an aviation document, any time during which the operation of the disqualification order is deferred under this section shall be disregarded. Cf. 1964, No. 68, s. 246; 1975, No. 34, s O#ences Punishable on Summary Conviction 66. Offences to be punishable on summary conviction-subject to section 58 (2) of this Act, every offence against this Act shall be punishable on summary conviction. PART VI 20 RIGHTS OF APPEAL 67. Appeal to District Court-Where the Secretary or the Director, as the case may be,- (a) Declines to register any aircraft under section 6 of this Act; or 25 (b) Imposes conditions on any Zealand aviation document under section 8 of this Act; or (c) Refses to grant any Zealand aviation document under section 10 of this Act; or 30 1 (ca) Finds under section 10 (1) (b) of this Act that a person is not a fit and proper person to hold an aviation document; or (d) Suspends a Zealand aviation document or imposes conditions under section 18 of this Act; or 35 (e) Revokes a Zealand aviation document under section 19 of this Act; or

63 Civil Aviation Law R</orm 63 (f) Detains an aircraft, seizes an aeronautical product, or imposes any conditions or restrictions, under section 21 of this Act; or Struck Out 5 (g) Finds under section 10 (1) (b) of this Act that a person is not a fit and proper person to hold a Zealand aviation document,-- (g) Suspends or revokes an aviation document under section (1) of this Act,- 1 the person (concerned) in respect of whom the decision was taken may appeal to a District Court against that decision. 68. Procedure-(1) Every appeal under section 67 of this Act shall be brought, by originating application, not more than days after the date on which the appellant is notified of the decision appealed against, or within such further period as the District Court may allow. (2) In determining an appeal under section 67 of this Act the District Court may- 20 (a) Hear all evidence tendered and representations made by or on behalf of any party to the appeal, whether or not that evidence would be otherwise admissible in that Court; and (b) Either- 25 (i) Confirm, reverse, or modify the decision appealed against, and make such orders and give such directions to the Secretary or the Director, as the case may require, as may be necessary to give effect to the Court's decision; or 30 (ii) Refer the matter back to the Secretary or the Director, as the case may reguire, with directions to reconsider the whole or any specified part of the matter. (3) An appeal under this section shall be by way of rehearing. 35 (4) Subject to this section, every such appeal shall be made and determined in accordance with the District Courts Act 1947 and the rules of Court made under that Act.

64 64 Civil Aviation Law Rs/orm (5) Subject to section 70 of this Act, the decision of the District Court shall be final. 69. Decision of Secretary or Director to continue in force pending appeal, etc.-(1) Every decision of the Secretary or the Director that is appealed against under section 5 67 of this Act shall continue in force pending the determination of the appeal, and no person shall be excused from complying with any of the provisions of the Act or the decision on the ground that any appeal is pending. (2) Notwithstanding that any appeal under section 67 of this 10 Act may have been determined in favour of the appellant, the Secretary or the Director, as the case may be, may, subject to the same right of appeal, refse to grant, revoke, suspend, disqualify, or otherwise deal with in accordance with the provisions of this Act any ( Zealand) aviation document, 15 any person to which or to whom the appeal related, or any ( Zealand) aviation document or approval granted or restored in compliance with the decision ot the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal Appeal to High Court on question of law-(1) Every party to an appeal under section 67 ot this Act may appeal to the High Court on a question of law. (2) Every appeal under this section shall be heard and determined in accordance with the rules of Court Further appeal to Court of Appeal-(1) Every party to an appeal under section 70 of this Act may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law. 30 (2) On any appeal under subsection (1) of this section, the Court of Appeat may make such order or determination as it thinks fit. (3) The decision of the Court of Appeal on an appeal under this section, or on any application tor leave to appeal to the 35 Court, shall be final. (4) Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules 4 Court. 72. Evidence and proof-in any proceedings for an 40 offence against this Act, the following provisions shall apply:

65 Civil Aviation Law Rdorm 65 Struck Out (a) Any Zealand aviation document issued under this Act or any rules made under this Act may be proved by the production of a copy of the Zealand 5 aviation document or rule certified to be correct and signed by the Secretary or by an offtcer of the Ministry authorised in that behalf by the Secretary: 1 (a) A copy of any aviation document which is certified correct 10 by the Secretary or an officer of the Ministry authorised in that behalf by the Secretary shall be sufficient, in the absence of proof to the contrary, to prove that document: (b) Evidence of the contents of the Zealand Register of 15 Aircraft maintained under section 7 of this Act may be given by a certificate signed by the Secretary or any officer of the Ministry authorised in that behalf by the Secretary; and every such certificate shali be sufficient evidence of the matters stated in it, until the 20 contrary is proved: (c) The production of a certificate signed by the Secretary or by an officer of the Ministry authorised in that behalf by the Secretary to the effect that on a specified date a person or organisation was or was not the holder of 25 any ( Zealand) aviation document or any specified type of ( Zealand) aviation document shall be sufficient evidence of the matter certified, until the contrary is proved: (d) Until the contrary is proved, it shall be presumed that 30 every certificate purporting to have been certified or given under this section has been certified or given by the Secretary or by an officer of the Ministry authorised by the Secretary to certify documents or give certificates under this section Evidence of air trabrc services provider-(1) Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air trafftc services shall be admissible in every Court

66 66 Civil Aviation Law Rs/orm and in every judicial examination or proceeding as prima facie evidence that the air trafhc services described in such document were provided on the date and for the aircraft referred to in the document. (2) A document certified by an employee of a person 5 providin air traffic services purporting to be a computer record or the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) of this section applies. 10 (3) For the purposes of this section, the expression "computer record" includes a microfiche, a microfiche printout, a computer printout, or any other document produced by a device by means of which information is recorded or stored. 15 Cf. 1964, No. 68, s. 17F; 1987, No. 108, s. 4 PART VII REGISTRIES AND INFORMATION SERVICES 73A. Zealand Register of Aircraft-(1) The Secretary 20 shall establish a register to be called the Zealand Register of Aircraft. (2) The Secretary shall enter in the Register such particulars as may be prescribed of every aircraft registered under section 6 (1) (a) of this Act. 25 Cf. 1964, No. 68, s. 29 (2) (h) 74. Civil Aviation Registry-(1) The Secretary shall establish a Civil Aviation Registry. Struck Out (2) Copies or appropriate evidence of the following shall be 30 recorded and maintained at the Registry: (a) Every Zealand aviation document issued under this Act or under rules made under this Act: (b) The Zealand Register of Aircraft established under section 7 of this Act: 35

67 Civil Aviation Law Rdorm 67 Struck Out (c) Every regulation made under this Act, and every rule notified in the Gazette and for the time being in force: (d) Every accident and incident report made under section 26 5 of this Act: (e) The address for service of each current applicant for a Zealand aviation document and of each Zealand aviation document holder: (f) All information published under section 75 of this Act. 10 (3) Every document filed at the Registry under this section shall be available for public inspection on payment of a reasonable fee during normal office hours. (2) Copies or appropriate evidence of the following shall be 15 recordea and maintained at the Registry: (a) Every aviation document: (b) The Zealand Register of Aircraft: (c) Every regulation made under this Act, and every rule notified in the Gazette and for the time being in force: 20 (d) Every accident and incident notification given under section 26 of this Act: (e) Every delegation, authorisation, and exemption granted in writing under this Act: (f) The address for service of every current applicant for an 25 aviation document and of every current aviation document holder: (g) All information published under section 75 of this Act. (3) Documents kept at the Registry shall be made available by the Secretary, in accordance with the provisions of the 30 Official Information Act 1982, for inspection by the public free of charge. 75. Information services-the Secretary shall ensure that an information service is provided which shall comprise the collection and dissemination of aeronautical information and 35 instructions relating to the safety, regularity, and efficiency of air navigation.

68 68 Civil Aviation Law R form (2) The Secretary shall ensure that such information and instructions are readily available to any person upon payment of a reasonable charge fixed by the Secretary. PART VIII 5 lair ACCIDENTsl TRANSPORT ACCIDENT INVESTIGATION COMMISSION 76. Establishment of Commission-(1) For the purposes of this Act, there shall be an (Air Accidents) Transport Accident Investigation Commission. 10 (2) The Commission shall be a body corporate with perpetual succession, and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and sukering all such acts and things as bodies corporate may do and suffer. 15 (3) The common seal of the Commission shall be judicially noticed in all Courts and for all purposes. C 1964, No. 68, s Purpose of Commission-The principal purpose of the Commission shall be (the investigation of air accidents and 20 incidents) to determine the circumstances and causes of (each accident or incident) accidents and incidents with a view to avoiding a similar occurrence in the future, rather than to ascribe blame to any person. 78. Membership of Commission-(1) The Commission 25 shall consist of not less than 3 members and not more than 5 members to be appointed by the Governor-General on the recommendation or the Minister. (2) The Minister shall, in making recommendations under subsection (1) of this section, have regard to the expertise of the 30 recommended appointees in such matters so as to ensure that the Commission is able to carry out its purpose and functions under sections 77 and 80 of this Act. Struck Out (3) The Commission shall be responsible to the Minister and 35 shall report directly to the Minister. 1

69 Civil Aviation Law Rdorm 69 (3) One of the members of the Commission shall be a barrister or solicitor of the High Court who has held a practising certificate as such for not less than 7 years, or a 5 District Court Judge. 78A. Commission responsible to Minister-The Commission shall be responsible to the Minister for the administration of this Part of this Act and shall report directly to the Minister Further provisions applying in relation to Commission-The provisions ot the First Schedule to this Act shall apply in relation to the Commission and its proceedings, members, employees, and committees. 80. Functions of Commission-(1) The principal function 15 of the Commission shall be the investigation of (air) accidents or incidents (arising out of or in connection with air traffic or air navigation). (2) Without limiting the principal function under subsection (1) of this section, the Commission shall also have the following 20 functions: (a) To make such inquiries as it considers appropriate in order to ascertain the cause or causes of (air) accidents or incidents: (b) To co-ordinate and direct all such investigations and to 25 determine which other parties (if any) should be involved in such investigation: (c) To prepare and publish findings and recommendations (if any) in respect of any such investigation: (d) If requested by the Minister, to deliver a written report on 30 each investigation to the Minister, including any recommendations for changes and improvements (to the civil aviation system) that it considers will ensure the avoidance of accidents and incidents in the future: (e) To co-operate and co-ordinate with other accident 35 investigation organisations overseas, including taking evidence on their behalf: (f) Where notification under section 27 of this Act has not been received, to request from the Secretary such further information as it considers appropriate regarding any

70 70 Civil Aviation Law Adorm accident that the Commission believes may be investigated under section 84 (1) of this Act: (g) To perform any other function or duty conferred on it by this or any other Act. 81. Commission to make reports to Secretary and give 5 notice where appropriate-(1) The Commission may make such preliminary reports and recommendations to the Secretary as may be necessary in the interests of aviation safety. (2) The Commission may give such notice of any preliminary 10 report or recommendation to such persons as may be appropriate in the interests of aviation safety. 81A. Commission to notify Secretary of accidents and incidents not being investigated-the Commission shall 15 notify the Secretary of every accident or incident that- (a) Is reported to the Commission; and (b) Either- (i) Is outside the scope of the Commission's jurisdiction; or 20 (ii) Is an accident or incident that the Commission decides not to investigate, being an accident or incident that the Commission is not required to investigate under this Part of this Act. 82. Powers of Commission- 25 Struck Out (1) The Commission shall have the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act (1) For the purposes of carrying out its functions and duties under this Act, the Commission shall have the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act

71 Civil Aviation Law Rdorm , and subject to the provisions of this Act, all the provisions of that Act, except sections 11 and 12 (which relate to costs), shall apply accordingly. 5 (2) In addition the Commission shall have all such powers as may be conferred on it by this or by any other Act, and as may be reasonably necessary or expedient to enable it to carry out its functions. 83. Powers of entry and investigation-(1) Without 10 limiting the powers conferred by section 82 of this Act, for the purpose of exercising any of its functions, duties, or powers under this Act (or regulations or rules made under this Act), the Commission and any person authorised in writing for the urpose by the Commission shall have power t6 do the 15 lowing: (a) To enter and inspect any aircraft, aerodrome, building, or place where the Commission believes on reasonable grounds that it is necessary to do so for the purpose of investigating an (air) accident or incident: 20 (b) To inspect, make copies of, or take extracts from, or retain any document or record that the Commission believes on reasonable grounds is relevant to the investigation of an (air) accident or incident: (c) Where necessary to preserve or record evidence, or to 25 prevent the tampering with or alteration, mutilation, or destruction of any aircraft, place, aeronautical product, or any other thing involved in any manner in an accident or incident, to prohibit or restrict access of persons or classes of persons to the site of any 30 accident or incident: (d) To seize, detain, remove, preserve, protect, or test any aircraft, aeronautical product, or any thing that the Commission believes on reasonable roun(is will assist in establishing the cause of an lair) accident or 35 incident. (2) Nothing in subsection (1) of this section shall confer on any person the power to enter any (house, home unit, or apartment building) dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given 40 by a judicial officer on written application on oath, which shall

72 72 Civil Aviation Law Rdorm not be granted unless the judicial officer is satisfied that the entry is essential to enable the inspection to be carried out. (3) Every warrant issued under subsection (2) of this section shall be directed to a named person and shall be valid for a period of 1 month from the date of its issue or such lesser 5 period as the judicial offtcer considers appropriate; and the period of validity shall be shown in the warrant. (4) Every person exercising the power of entry conferred by subsection (1) or subsection (2) of this section shall carry a warrant of authority issued by the Chief Commissioner specifying- 10 (a) The name and the office or offices held by the person; and (b) That the person is authorised by the Chief Commissioner to exercise the power conferred by subsections (1) and (2) of this section to enter aircraft, aerodromes, buildings, and places, and to carry out such 15 inspection. (5) Every person exercising the power of entry conferred by subsections (1) and (2) of this section shall produce the warrant of authority and evidence of identity- (a) If practicable on first entering the aircraft, aerodrome, 20 building, or place; and (b) Whenever subsequently reasonably required to do so. 84. Accidents to be investigated Struck Out (1) As soon as 25 practicable after receipt of a report from the Secretary under section 27 of this Act, the Commission shall investigate the following: (a) Accidents involving foreign aircraft, when there is an obligation for an investigation in the Convention on 30 International Civil Aviation and its annexes: (b) Accidents at the interface of the civil and military aviation systems: (c) Accidents involving aircraft that are used principally for transport between aerodromes of passengers or 35 goods for hire or reward: (d) Accidents involving aircraft exceeding a weight of 2250 kg maximum certified take-off mass: (e) Accidents involving fatalities to persons: (f) Accidents involving missing aircraft. 40

73 Civil Aviation Law Rdorm 73 (1) As soon as practicable after an accident has been notified to the Commission under section 27 of this Act, the Commission shall 5 investigate the accident if- (a) The accident involves a foreign aircraft (being an accident that is required by the Convention to be investigated); or (b) The accident is at the interface of the civil and military 10 aviation systems; or (c) The accident involves an aircraft that is used principally for the transport of passengers or goods for hire or reward; or (d) The accident involves an aircraft exceeding a weight of kg maximum certified take-off mass; or (e) The accident involves the death of or serious inquiry to any person; or (f) The accident involves a missing aircraft. (2) The power conferred by subsection (1) (b) of this section 20 shall include the power to investigate any aviation accident or incident that involves any combination of military and nonmilitary persons, aircraft, aerodromes, aeronautical products, or aviation related services. (3) The Commission may investigate such additional 25 accidents or incidents referred to it in accordance with section 27 of this Act as it deems necessary. (4) If an accident or incident has not been referred to the Commission in accordance with section 27 of this Act and the accident or incident is required to be investigated under 30 subsection (1) of this section, the Commission shall, after requesting information from the Secretary under section 80 (2) (f) of this Act, commence such investigation of the accident or incident as it considers appropriate. (5) Upon electing to undertake an investigation under 35 subsection (2) or subsection (3) of this section, the Commission shall notify the Secretary of this election as soon as is practicable. (6) For the purpose of subsection (2) of this section, "military" means, with respect to any aircraft or facility, an aircraft or facility operated by (or on beha#- oj) the Zealand Defence 40 Force or a visiting force.

74 74 Civil Aviation Law Rdorm 85. Conduct of investigation-(1) When an accident or incident is under investigation by the Commission, the Commission shall be in charge of that investigation. (2) The Commission shall permit the participation or representation of such foreign organisations in any 5 investigation as is provided for in the Convention. Struck Out (3) All other persons (including the Secretary) wishing to participate in any investigation may do so only with the consent of the Commission. 10 (3) Except with the consent of the Commission, no other person (including the Secretary) shall- (a) Participate m any investigation being undertaken by the Commission; or 15 (b) Undertake any independent investigation at the site of any accident or incident being investigated by the Commission; or (c) Examine or cause to be examined any material removed from the site of any accident or incident being 20 investigated by the Commission. (St\) Where the Commission refuses consent under subsection (3) of this section, it shall give the applicant a statement in writing of the reasons for its refusal. (38) Where any preliminary report issued by the Commission 25 states or infers that the conduct of any specified person has contributed to the cause of an accident or incident being investigated by the Commission, the Commission shall, before issuing a flnal report on the matter,- (a) Give that person an opportunity to comment on or refte 30 that statement, either in a statement in writing or at a hearing; and (b) Have regard to that person's statement or other evidence. (4) Where an (aviation) incident or accident referred to in section 84 of this Act is being investigated by the Commission 35 and the Zealand Defence Force, or a visiting force, the Commission and the Chief of Defence Force shall take all reasonable measures to ensure that the investigations are coordinated.

75 Civil Aviation Law Rdorm 75 85A. Commission to complete certain former investigations-every investigation commenced under Part III of the Civil Aviation Act 1964 but not completed before the 5 commencement of this Act shall be taken over and completed by the Commission under this Part of this Act Amendment to Ombudsmen Act The Ombudsmen Act 1975 is hereby amended by inserting in Part II of the First Schedule, in its appropriate alphabetical order, 10 the item "The Transport Accident Investigation Commission". PART IX AVIATION SECURITY Struck Out 86. Aviation security-the Zealand Police and the 15 Aviation Security Service established under this Part of this Act shall together be responsible for the prevention of the commission of crimes against the Aviation Crimes Act 1972 and the protection of persons and property from dangers arising from the commission or attempted commission of such 20 crimes. Cf. 1964, No. 68, s. 21A; 1976, No. 153, s Aviation Security Service-(1) The Minister shall provide an aviation security service and shall be responsible for the administration of that service. 25 (2) Without limiting the powers, functions, duties, or responsibilities of the Police under this or any other enactment, and without limiting the generality of subsection (1) of this section, the Aviation Security Service shall have the following functions and duties: 30 (a) To carry out passenger and baggage screening of all international aircraft passenger services and of such other services where the service or the screening is judged advisable by the Secretary and, where necessary, to undertake searches of passengers, 35 baggage, cargo, aircraft, aerodromes, and navigation installations:

76 76 Civil Aviation Law Rdorm Struck Out (b) To carry out aerodrome security patrols and patrols of navigation installations: (c) To review, inquire into, and keep itself informed on security techniques, systems, aevices, practices, and 5 procectures related to the protection or civil aviation and persons employed in or using it: (d) To undertake, or encourage or supervise, such experimental or research work in respect of any aspect of aviation security as the Secretary may 10 specify: (e) For the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, Government departments, airport authorities, operators, and authorities administering the airport 15 security services of, other countries, and with any appropriate international organisation: (f) To exercise and perform such other functions and duties as may be conferred on it by any enactment. Cf. 1964, No. 68, s. 21B; 1976, No. 153, s Aviation security-the prevention of the commission of crimes against the Aviation Crimes Act 1972 at any security designated aerodrome or security designated navigation installation, and the protection of persons and property from 25 dangers arising from the commission or attempted commission of such crimes, shall be the joint responsibility of the Zealand Police and any aviation document holder authorised to provide aviation security services at that aerodrome or installation. 30 CE 1964, No. 68, s. 21A; 1976, No. 153, s Responsibility of Minister-The Minister shall ensure that aviation security services are provided at all security designated aerodromes and security designated navigation installations A. Aviation Security Service-The Secretary may establish a service to be called the Aviation Security Service.

77 Civil Aviation Law R«orm B. Authorised aviation security service providers- (1) Subject to subsection (2) of this section, aviation security services at any security designated aerodrome or security designated navigation installation may be provided by- (a) The Aviation Security Service; or (b) The operator of that aerodrome or navigation installation. (2) No operator of an aerodrome or navigation installation, and no person employed by any such operator to provide aviation security services, shall provide aviation security services at that aerodrome or installation, except pursuant to a current aviation document issued by the Secretary under section 8 of this Act. (3) The holder of every such document shall comply with the relevant prescribed requirements and standards c. Functions and duties of Aviation Security Service-Without limiting the powers, functions, duties, or responsibilities of the Police under this Act or any other enactment, and without limiting the generality of section 87 of this Act, the Aviation Security Service shall have the following functions and duties: (a) To carry out passenger and baggage screening of all international aircraft passenger services and of such other services where the service or the screening is judged advisable by the Secretary and, where necessary, to undertake searches of passengers, baggage, cargo, aircraft, aerodromes, and navigation installations: (b) To carry out aerodrome security patrols and patrols of navigation installations: (c) To review, inquire into, and keep itself informed on security techniques, systems, devices, practices, and procedures related to the protection oi civil aviation and persons employed in or using it: (d) To undertake, or encourage or supervise, such experimental or research work in respect of any aspect of aviation security as the Secretary may specify: (e) For the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport authorities,