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Civil Aviation Act 1990

Fees and charges - Levies

42A: Governor-General may impose levies

You could also call this:

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

The Governor-General can make rules about charging money to help the Civil Aviation Authority do its job. These charges are called levies. The Governor-General can change these rules when needed.

The rules can apply to people who have aviation documents, like pilot licenses, and people who don’t need these documents because they have special permission.

Before making these rules, the Minister needs to check three things. First, the Authority must ask for and agree with the new charges. Second, the Minister must be sure the Authority doesn’t have enough money from other sources to do its job. Third, the Minister must be sure the Authority has talked to important people and groups about the charges.

When the Governor-General makes these rules, they become a type of law called secondary legislation. This means they need to be published in a special way. Also, these rules must be confirmed by another law to keep working.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216393.

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Transport and travel > Air travel Government and voting > Government departments
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42: Recovery of fees and charges for aviation related services, or

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

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42B: Basis on which levies may be imposed, or

"How the government decides what to charge for flying things"

Part 4 Fees and charges
Levies

42AGovernor-General may impose levies

  1. Subject to subsection (3), for the purpose of enabling the Authority to carry out its functions under this Act and any other Act, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council impose on all or any of the persons referred to in subsection (2) a levy payable to the Authority, and may in the same manner vary any such order.

  2. A levy may be imposed under subsection (1) on—

  3. the holders of aviation documents of any class or classes specified in the order:
    1. persons who, but for an exemption granted under this Act, would be required by this Act to hold an aviation document of the class or classes specified in the order.

      1. The Minister shall not make any recommendation under subsection (1) unless—

      2. the recommendation has been made at the request and with the concurrence of the Authority; and
        1. he or she is satisfied that the Authority's income from other sources is not or will not be sufficient to enable it to perform its functions under this Act without the imposition of a levy at the rate recommended; and
          1. he or she is satisfied that the Authority has consulted with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.

            1. An order under this section—

            2. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
              1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                Notes
                • Section 42A: inserted, on , by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).
                • Section 42A(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).