Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

25: Powers of entry of Corporation

You could also call this:

"Airways Corporation can enter land to check and fix their old equipment"

Airways Corporation of New Zealand Limited can enter land to access their equipment, like cables, wires, and navigation aids, that was installed before 1 January 1988. They can do this to inspect, maintain, or repair the equipment.

If there's a question about when the equipment was installed, the Corporation can provide a certificate as proof that it was installed before 1 January 1988.

There are some rules for entering land:

Only authorised people from the Corporation can enter.
They must give notice before entering, except in emergencies.
They can only enter at reasonable times.
The person entering must show proof of who they are and why they're there.

These rules don't apply if there's a danger to life or property.

Any equipment the Corporation owns that's on the land belongs to them, even if it's attached to someone else's property. No one else can claim ownership of this equipment just because it's on their land.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216162.

Topics:

Transport and travel > Air travel

24: General power of entry, or

"Explaining when officials can enter places to check on aviation safety"

26: Obligation to notify all accidents and incidents, or

"You must tell the authorities if something goes wrong with a plane"

Part 2Functions, powers, and duties of participants in the civil aviation system

25Powers of entry of Corporation

Subject to subsection (3), Airways Corporation of New Zealand Limited may—
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 the Corporation, being equipment installed before 1 January 1988; and
perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing any such equipment.

A certificate under the seal of the Corporation containing a statement that any equipment of a kind referred to in subsection (1) was installed before 1 January 1988 shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.
The power to enter upon land conferred by subsection (1) shall be subject to the following conditions:
entry to the land shall be made only by an officer, employee, or agent of the Corporation authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:
reasonable notice of the intention to enter shall be given, and the provisions of Part 10 of Te Ture Whenua Maori Act 1993 shall apply in respect of notices served in the circumstances set out in that Part of that Act:
entry shall be made at reasonable times:
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.

Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.
Any equipment owned by the Corporation that is fixed to or installed over or under the land and is not owned by the Corporation shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Corporation otherwise decides, and no person other than the Corporation shall have any interest in any such equipment by reason only of having an interest in the land.

Notes

Section 25(3)(b): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).