Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

4: Application of Act

You could also call this:

"This law tells you who must follow New Zealand's flying rules"

This law explains who must follow the Civil Aviation Act 1990 and its rules. It applies to everyone and everything related to flying in New Zealand. This includes people, planes, airports, and air services.

The law also applies to New Zealand planes when they are in other countries. If you have a New Zealand flying licence, you must follow these rules even when you're overseas.

Foreign planes flying in New Zealand must also follow these rules.

The Minister can make agreements with other countries to change who is responsible for following the rules. They can also give exemptions from the rules.

New Zealand planes flying over the ocean must follow international flying rules.

If you break these rules while overseas, you can still be punished as if you did it in New Zealand. However, you don't have to break another country's laws to follow New Zealand's rules.

This law doesn't affect the special rights of foreign military planes or their crew.

If the Minister gives an exemption that applies to more than one person, it must be made public as a law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215583.

Topics:
Transport and travel > Air travel
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4Application of Act

  1. Except as provided in section 53A, Part 5A, and section 96A, this Act and all regulations and rules made under this Act shall apply to the following:

  2. every person, aircraft, aerodrome, aeronautical product, air service, and aviation related service, in New Zealand:
    1. every New Zealand registered aircraft whether within or outside New Zealand:
      1. every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document:
        1. every foreign registered aircraft operating in New Zealand.

          1. Notwithstanding subsection (1), the Minister, acting on the recommendation of the Authority or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,—

          2. transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the Authority or the Director has under this Act or regulations or rules made under this Act:
            1. vest in the Authority or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under this Act or regulations or rules made under this Act:
              1. grant exemptions from this Act, and from regulations and rules made under this Act, relevant to any exercise of the Minister's powers under this subsection.

                1. Every New Zealand registered aircraft shall, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.

                2. Except where an act or omission is required in order to comply with the laws of any foreign State, every holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand, shall be deemed to have committed an offence under this Act and may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.

                3. Nothing in this section shall be interpreted as 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.

                4. Nothing in this Act shall be interpreted as limiting the privileges or immunities of—

                5. any foreign military aircraft; or
                  1. the officers and crew of any foreign military aircraft.

                    1. An exemption under subsection (2)(c) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

                    Notes
                    • Section 4(1): amended, on , by section 5 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                    • Section 4(1): amended, on , by section 3 of the Civil Aviation Amendment Act 1996 (1996 No 91).
                    • Section 4(2): substituted, on , by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 4(2A): inserted, on , by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).
                    • Section 4(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).