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Civil Aviation Act 1990

Rules

35: Procedure for making emergency rules

You could also call this:

"How emergency flying rules are made and how long they last"

When the Director needs to make an emergency rule, they must first talk to people they think are important. These could be groups in the aviation industry, other places, government departments, or Crown agencies.

An emergency rule can only be in place for 90 days. The Director can make it last for another 30 days, but only once.

The Minister can make the emergency rule last longer. They can do this while the rule is still active. They need to tell everyone about it, and it can last for up to 180 more days from when they tell people.

Before the Minister makes the rule last longer, they need to talk to people they think are important. This could be groups in the aviation industry, other places, government departments, or Crown agencies.

If an emergency rule doesn't agree with a normal rule, the emergency rule is the one that matters.

When the Minister tells everyone about making the rule last longer, it's called secondary legislation. You can find out how this needs to be shared with everyone in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216368.

Topics:
Transport and travel > Air travel
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Part 3Rules

35Procedure for making emergency rules

  1. Before making an emergency rule, the Director shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Director in each case considers appropriate.

  2. Repealed

  3. Repealed

  4. Repealed

  5. An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director once only for a further period not exceeding 30 days.

  6. The Minister may, at any time while an emergency rule is in force in accordance with subsection (5), by notice, renew the rule in accordance with subsection (5B) for a further period not exceeding 180 days from the date of the notification.

  7. Before renewing an emergency rule under subsection (5A), the Minister shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister thinks appropriate.

  8. So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail.

  9. A notice under subsection (5A) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 35(2): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 35(3): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 35(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 35(5): amended, on , by section 15(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).
  • Section 35(5): amended, on , by section 5 of the Civil Aviation Amendment Act 1993 (1993 No 90).
  • Section 35(5A): inserted, on , by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).
  • Section 35(5A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 35(5B): inserted, on , by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).
  • Section 35(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).