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Civil Aviation Act 1990

Rules

28: Power of Minister to make ordinary rules

You could also call this:

“Minister can make rules about flying to keep everyone safe and make travel easier”

The Minister can create ordinary rules for various purposes related to aviation. These rules can cover things like:

  • Meeting New Zealand’s international aviation obligations
  • Allowing mutual recognition of safety certifications with other countries
  • Providing aviation services like weather forecasting, search and rescue, and security
  • Improving aviation safety and security
  • Helping economic development
  • Making it easier for people to travel
  • Protecting public health
  • Looking after the environment

The Minister can make these rules apply to different types of aircraft, airports, or aviation services. The rules can cover all of New Zealand or just some parts of it.

Sometimes, the Minister might delay when a rule starts. The rules can also give power to the Civil Aviation Authority, the Director, or others to make decisions or set conditions.

The Minister’s rules are more important than local council bylaws if they conflict. The Minister can’t let someone else make these rules for them.

These rules are considered ‘secondary legislation’, which means they have to follow certain publication rules. In some cases, if a rule doesn’t need to be published, the Minister must give a copy to the people it affects. These unpublished rules only apply to the people who receive them and start working right away for those people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216335.

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Part 3 Rules

28Power of Minister to make ordinary rules

  1. The Minister may from time to time make rules (in this Act called ordinary rules) for all or any of the following purposes:

  2. the implementation of New Zealand's obligations under the Convention:
    1. to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:
      1. the provision of aviation meteorological services, search and rescue services, and civil aviation security programmes and services:
        1. assisting aviation safety and security, including (but not limited to) personal security:
          1. assisting economic development:
            1. improving access and mobility:
              1. protecting and promoting public health:
                1. ensuring environmental sustainability:
                  1. any matter related or reasonably incidental to any of the following:
                    1. the Minister's objectives under section 14:
                      1. the Minister's functions under section 14A:
                        1. the Authority's objectives under section 72AA:
                          1. the Authority's functions and duties under section 72B:
                            1. the Director's functions and powers under section 72I:
                            2. any other matter contemplated by any provision of this Act.

                              1. Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, 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.

                              2. Any ordinary rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.

                              3. The commencement of any ordinary rule may be wholly suspended until it is applied by the Minister by notice (see subsection (10)).

                              4. An ordinary rule may, on any terms and conditions that are specified in the rule,—

                              5. require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or
                                1. empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.

                                  1. To avoid doubt, the terms and conditions specified in an ordinary rule may provide for—

                                  2. consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or
                                    1. public notice to be given of the exercise of any powers; or
                                      1. any other matter.

                                        1. No breach of any ordinary rule shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act.

                                        2. Repealed

                                        3. 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.

                                        4. Notwithstanding clause 5 of Schedule 6 of the Public Service Act 2020, the Minister shall not delegate his or her power to make ordinary rules under this Act.

                                        5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                        6. ordinary rules under this section:
                                          1. a notice under subsection (4).

                                            1. If, under the Legislation Act 2019, an ordinary rule is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.

                                            2. An ordinary rule to which subsection (11) applies—

                                            3. has effect only in relation to a person on whom it is served under subsection (11); and
                                              1. comes into force in relation to that person immediately after it is served on the person (even though it is not published).

                                                1. Service under subsection (11) may be effected in any way the Minister considers appropriate.

                                                Notes
                                                • Section 28(1)(ab): inserted, on , by section 16 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                                                • Section 28(1)(c): substituted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(1)(ca): inserted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(1)(cb): inserted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(1)(cc): inserted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(1)(cd): inserted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(1)(ce): inserted, on , by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                                • Section 28(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                • Section 28(5): substituted, on , by section 5 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
                                                • Section 28(5A): inserted, on , by section 5 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
                                                • Section 28(7): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                • Section 28(9): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                • Section 28(10): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                • Section 28(11): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                • Section 28(12): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                • Section 28(13): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).