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Civil Aviation Act 1990

Rules

33: Matters to be taken into account in making rules

You could also call this:

“Things to consider when making aviation rules”

When the Minister or Director makes rules about aviation, they have to follow some important guidelines. These rules can’t go against what the International Civil Aviation Organization (ICAO) says about safety and security, as long as New Zealand has agreed to follow those standards. They also can’t break any promises New Zealand has made to other countries about keeping aviation safe and secure.

When making these rules, the Minister or Director needs to think about a lot of things. They should look at what ICAO recommends for safety and security. They need to consider how risky each activity or service might be, and what kind of activity it is. They also have to think about how safe aviation is in New Zealand overall.

It’s important that the rules help to make aviation safer and more secure, including keeping people safe. The Minister or Director also needs to think about whether the new rule will help the economy, make it easier for people to get around, protect people’s health, or be good for the environment.

They have to consider how much it will cost to put the new rule into action. They should also think about what’s happening in other countries with aviation safety and security, and how safety certifications are recognised between New Zealand and Australia.

Finally, the Minister or Director can think about any other things they think are important when making the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216358.

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"How the government makes rules for flying in New Zealand"

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Part 3 Rules

33Matters to be taken into account in making rules

  1. The ordinary rules made by the Minister and the emergency rules made by the Director shall not be inconsistent with the following:

  2. the standards of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:
    1. New Zealand's international obligations relating to aviation safety and security.

      1. In making, or recommending the making of, a rule the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

      2. the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:
        1. the level of risk existing to aviation safety in each proposed activity or service:
          1. the nature of the particular activity or service for which the rule is being established:
            1. the level of risk existing to aviation safety and security in New Zealand in general:
              1. the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
                1. whether the proposed rule—
                  1. assists economic development:
                    1. improves access and mobility:
                      1. protects and promotes public health:
                        1. ensures environmental sustainability:
                        2. the costs of implementing measures for which the rule is being proposed:
                          1. the international circumstances in respect of—
                            1. aviation safety and security; and
                              1. mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:
                              2. such other matters as the Minister or the Director considers appropriate in the circumstances.

                                Notes
                                • Section 33(2): amended, on , by section 6 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
                                • Section 33(2)(e): substituted, on , by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                • Section 33(2)(f): substituted, on , by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                • Section 33(2)(fa): inserted, on , by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                • Section 33(2)(g): substituted, on , by section 19 of the Civil Aviation Amendment Act 2004 (2004 No 8).