Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

ANZA mutual recognition - AOCs with ANZA privileges

11G: Grant of New Zealand AOC with ANZA privileges

You could also call this:

"Special permission for New Zealand planes to fly in Australia"

The Director can give a special permission to a New Zealand air operator to fly to, from, or within Australia. This permission is called a New Zealand AOC with ANZA privileges.

Before giving this permission, the Director needs to make sure of a few things. They need to know that you will be flying in New Zealand too. They also need to get a letter from the Australian authority saying you can fly in Australia. The Director needs to be sure you can follow all the safety rules in Australia. They also need to talk to CASA, which is the Australian aviation safety authority.

This special permission can be added to a document you already have, or it can be a new document.

If you get this permission, you have to follow some rules. You must fly in New Zealand. You can't have the same kind of permission from Australia. You need to follow all the Australian aviation rules. You have to run your business mainly from New Zealand. This means training your workers, keeping most of your resources, and having the people in charge spend most of their time in New Zealand.

The Director can also add other rules if they think it's necessary.

When the law talks about the 'licensing authority', it means the same thing as what's explained in Part 8A of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215751.

Topics:
Transport and travel > Air travel
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11F: Requirements for AOCs with ANZA privileges, or

"Rules for giving airlines permission to fly in both New Zealand and Australia"

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11H: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges, or

"Director's response when Australia stops NZ aircraft from flying there"

Part 1AANZA mutual recognition
AOCs with ANZA privileges

11GGrant of New Zealand AOC with ANZA privileges

  1. The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia.

  2. Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must—

  3. be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and
    1. receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and
      1. be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that relate to safety; and
        1. consult with CASA.

          1. A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document.

          2. A New Zealand AOC with ANZA privileges is subject to the conditions that the holder—

          3. must conduct air operations to, from, or within New Zealand; and
            1. must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and
              1. must comply with all the requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that apply to the holder; and
                1. must undertake the supervision of its management systems from or within New Zealand; and
                  1. must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and
                    1. must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and
                      1. must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand.

                        1. A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director thinks appropriate.

                        2. In subsection (2), licensing authority has the same meaning as in Part 8A.

                        Notes
                        • Section 11G: inserted, on , by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).