Civil Aviation Act 1990

Fees and charges

38: Fees and charges

You could also call this:

"Rules for paying money to help run aviation in New Zealand"

The government can make rules about fees and charges for civil aviation. These rules can cover many things, like:

You might need to pay for things that help keep aviation running smoothly. This includes paying for buildings, equipment, and services.

The money you pay helps cover the costs when people who work for the Ministry or the Authority do their jobs or provide services.

Some of the money goes to pay for the work the Director and the convener do in medical certification for pilots and air traffic controllers.

The fees and charges can be different for different types of people, airports, planes, or services. They can also change based on when you use them.

The rules can say who needs to pay the fees and who collects them. They might charge extra for work done outside normal hours or on holidays. There might be extra charges for travel time or other expenses.

You might need to report information about the fees you pay. The rules can also say when you don't have to pay or when you can get a refund.

For fees at airports run by an airport authority, the Minister has to talk to the airport authority before making rules.

The government can make rules for fees, charges, or both for anything related to civil aviation.

These rules don't cover charges for processing international travellers at airports, as there's a separate law for that.

When the rules talk about 'airport' and 'airport authority', they mean the same thing as in the Airport Authorities Act 1966.

These rules are a type of law called secondary legislation.

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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=DLM216377.

Topics:

Transport and travel > Air travel

37: Exemption power of Director, or

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

39: Rebates, or

"The Director of Civil Aviation can give discounts on fees for aviation services"

Part 4Fees and charges

38Fees and charges

Without limiting the power to make regulations conferred by section 100, but subject to the provisions of this Act, the Governor-General may, from time to time, by Order in Council, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes:
to provide funds for the establishment, maintenance, and operation of works, facilities, and services under this Act:
to defray the costs and expenses incurred by the Ministry or the Authority or any of their employees in the exercise of functions, powers, and duties, and in providing services, under this Act:
to reimburse the Authority and the convener for costs directly associated with the Director's functions and the convener's functions under Part 2A:
generally for the purposes of civil aviation.

Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis.
Any such regulations may—
specify the persons by whom and to whom any fees or charges are payable:
prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays:
prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses:
require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns:
provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases.

Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority.
The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter.
Nothing in this section or in section 100 authorises the making of regulations prescribing charges in relation to traveller processing to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.
For the purposes of this section, the expressions airport and airport authority shall have the same meaning as in the Airport Authorities Act 1966.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare

1964 No 68 ss 13, 13A
1986 No 128 s 8(3)

Notes

Section 38(1)(b): amended, on 10 August 1992, by section 20(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 38(1)(ba): inserted, on 1 April 2002, by section 8 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 38(4A): inserted, on 10 August 1992, by section 20(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 38(4B): inserted, on 15 February 2014, by section 21(1) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3).
Section 38(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).