Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Fees and charges

42: Recovery of fees and charges for aviation related services

You could also call this:

"How to pay for airplane services and when you might not have to"

If you use aircraft in New Zealand, you might have to pay fees or charges for services related to aviation. The Civil Aviation Authority or the Director of Civil Aviation can charge these fees for things they do or provide for your aircraft. Usually, if your name is on the official list of aircraft in New Zealand (called the New Zealand Register of Aircraft), you're responsible for paying these fees.

However, you might not have to pay if you can prove two things. First, you need to show that during the time the fees were charged, you didn't have the right to use the aircraft, or someone else was using it without permission. Second, you need to prove that you've done everything you could to tell the Civil Aviation Authority who was actually using the aircraft at that time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216389.

Topics:
Transport and travel > Air travel
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41: Suspension or revocation of aviation document where prescribed fees or charges unpaid, or

"Your flying papers can be taken away if you don't pay your fees on time"

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42A: Governor-General may impose levies, or

"The Governor-General can set fees to help fund aviation safety"

Part 4Fees and charges

42Recovery of fees and charges for aviation related services

  1. Subject to subsection (2), where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Authority or the Director in respect of any aircraft, the person whose name appears on the New Zealand Register of Aircraft in respect of that aircraft shall be deemed to be liable to pay that fee or charge.

  2. Any person who would otherwise be liable to pay a fee or charge in relation to any aircraft in terms of subsection (1) shall not be so liable if that person—

  3. proves that during any relevant period of use of the aircraft that person was not entitled, whether alone or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and
    1. has taken all reasonable steps to supply the Authority with such information as would identify the actual user.

      Notes
      • Section 42: substituted, on , by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).