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New Zealand law explained for everyone

Civil Aviation Act 1990

Civil Aviation Authority of New Zealand

72I: Director of Civil Aviation

You could also call this:

“The person in charge of keeping flying safe in New Zealand”

The Civil Aviation Authority of New Zealand has a person called the Director of Civil Aviation. This person is in charge of making sure the civil aviation system in New Zealand is safe and follows the rules.

The Director has several important jobs:

They decide who can be part of the civil aviation system by giving out aviation documents.

They make sure everyone follows the rules about flying. This includes doing inspections and checking on things.

They keep an eye on safety, security, how people can access and move around, public health, and looking after the environment in the civil aviation system.

They regularly check the civil aviation system to make it safer and more secure.

If the Director thinks there’s a safety problem with an aircraft or a part, they can tell everyone about it by writing a notice called an airworthiness directive.

The Director can work with CASA (which is like the Civil Aviation Authority in Australia) to make sure both countries recognise each other’s aviation rules.

When the Director is making decisions about giving out or taking away aviation documents, or enforcing the rules, they make these decisions on their own. They don’t have to ask the Minister or the Authority what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217433.

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Part 6A Civil Aviation Authority of New Zealand

72IDirector of Civil Aviation

  1. The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Civil Aviation.

  2. The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act, or regulations or rules made under this Act, and such functions and powers as may be delegated to the Director by the Authority under section 73 of the Crown Entities Act 2004.

  3. Without limiting subsection (2), the Director shall—

  4. exercise control over entry into the civil aviation system through the granting of aviation documents under this Act; and
    1. take such action as may be appropriate in the public interest to enforce the provisions of this Act and of regulations and rules made under this Act, including the carrying out or requiring of inspections and monitoring; and
      1. monitor adherence, within the civil aviation system, to any regulatory requirements relating to—
        1. safety and security, including (but not limited to) personal security:
          1. access and mobility:
            1. public health:
              1. environmental sustainability:
                1. any other matter; and
                2. ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security.

                  1. Without limiting subsection (2), where the Director believes on reasonable grounds—

                  2. that an unsafe condition exists in any aircraft or aeronautical product; and
                    1. that condition is likely to exist or develop in any other aircraft or aeronautical products of the same design,—
                        1. the Director may, by notice in writing, issue an airworthiness directive in respect of aircraft or aeronautical products, as the case may be, of that design.

                      1. Notice of an airworthiness directive issued under subsection (3A) must be given in the Gazette.

                      2. An airworthiness directive issued under subsection (3A) comes into force on the date specified in the directive, which may be a date earlier than the date of notification of the issuing of the directive in the Gazette under subsection (3B), if—

                      3. the Director considers that urgent action is required; and
                        1. the Director notifies the affected parties before the directive comes into force; and
                          1. notification of the issuing of the directive is given in the Gazette not later than 28 days after the directive comes into force.

                            1. The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.

                            2. In performing or exercising any functions or powers in relation to—

                            3. the granting of aviation documents; or
                              1. the issue, suspension, or revocation of medical certificates; or
                                1. the suspension of aviation documents; or
                                  1. the revocation of aviation documents; or
                                    1. the granting of exemptions; or
                                      1. the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,—
                                          1. in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers.

                                        Notes
                                        • Section 72I: inserted, on , by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                        • Section 72I(2): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                        • Section 72I(3)(b): amended, on , by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                        • Section 72I(3)(b): amended, on , by section 16(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                        • Section 72I(3)(c): added, on , by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                        • Section 72I(3)(d): added, on , by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
                                        • Section 72I(3A): inserted, on , by section 26 of the Civil Aviation Amendment Act 1996 (1996 No 91).
                                        • Section 72I(3A): amended, on , by section 16(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                        • Section 72I(3B): substituted, on , by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                        • Section 72I(3C): inserted, on , by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                        • Section 72I(3D): inserted, on , by section 32 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                                        • Section 72I(4): substituted, on , by section 12 of the Civil Aviation Amendment Act 1993 (1993 No 90).
                                        • Section 72I(4)(aa): inserted, on , by section 10(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).