Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Rules

37: Exemption power of Director

You could also call this:

"The Director can let people skip some rules if it's safe and makes sense"

The Director can excuse someone from following a specific rule if they think it's appropriate. This can apply to people, aircraft, aeronautical products, aerodromes, or aviation-related services. The Director can set conditions for these exemptions.

Before giving an exemption, the Director needs to be sure of one of these things:

  1. The rule has mostly been followed, and it's not necessary to follow it completely.
  2. What's been done instead of following the rule works as well or better than actually following the rule.
  3. The rule doesn't make sense or isn't right for this particular situation.
  4. Something has happened that makes the rule unnecessary or not right for this situation.

The Director also needs to be sure that giving the exemption won't make things much less safe.

The Director must tell everyone about the exemptions they've given by publishing them in the Gazette as soon as they can.

Sometimes, a rule might say that no exemptions can be given. In those cases, the Director can't give any exemptions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216375.

Topics:
Transport and travel > Air travel
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Part 3Rules

37Exemption power of Director

  1. The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28, 29A, 29B, or 30.

  2. Before granting an exemption under subsection (1), the Director shall be satisfied in the circumstances of each case that—

  3. the requirement has been substantially complied with and that further compliance is unnecessary; or
    1. the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
      1. the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
        1. events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—
            1. and that the risk to safety will not be significantly increased by the granting of the exemption.

          1. The number and nature of exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette.

          2. Nothing in this section shall apply in any case where any rule specifically provides that no exemptions are to be granted.

          Notes
          • Section 37(1): amended, on , by section 10 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).