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New Zealand law explained for everyone

Civil Aviation Act 1990

ANZA mutual recognition - AOCs with ANZA privileges

11I: Change of country of certification

You could also call this:

"Changing where your airplane business is allowed to work"

If you have a New Zealand Air Operator Certificate (AOC) with ANZA privileges, there are times when the Director of Civil Aviation might think it's better for you to operate in the Australian system instead. This can happen if the Director believes it would be safer for both Australian and New Zealand aviation, and if you can't follow all the rules for having ANZA privileges anymore.

If this happens, the Director will talk to the Australian aviation authority and let you know why they think you can't follow the rules. You'll have at least 90 days to explain why you think the Director is wrong.

After hearing your side, if the Director still thinks it's safer for you to stop using ANZA privileges, they can change your certificate or take away those special privileges.

If you don't agree with the Director's decision, you can appeal to the District Court.

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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=DLM215756.

Topics:
Transport and travel > Air travel
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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"

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11J: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority, or

"Authority workers can do Australian tasks in New Zealand if allowed"

Part 1AANZA mutual recognition
AOCs with ANZA privileges

11IChange of country of certification

  1. This section applies if the Director believes on reasonable grounds that—

  2. it would be in the interests of Australian and New Zealand civil aviation safety for the holder to conduct air operations in the Australian civil aviation system; and
    1. the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4).

      1. If this section applies, the Director must—

      2. consult with CASA; and
        1. notify the holder—
          1. that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 11G(4); and
            1. of the grounds for the Director's belief; and
            2. allow the holder at least 90 days from the date of the Director's notification under paragraph (b) to refute and comment on the Director's belief.

              1. If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may—

              2. amend the New Zealand AOC with ANZA privileges:
                1. withdraw the privileges attaching to the AOC.

                  1. Any person in respect of whom a decision is taken under subsection (3) may appeal against that decision to the District Court under section 66.

                  Notes
                  • Section 11I: inserted, on , by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                  • Section 11I(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).