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Civil Aviation Act 1990
International air services licensing
Open aviation market licences
87R: Minister may designate countries or territories for open aviation market licences

1Short Title and commencement 2Interpretation 3Act to bind the Crown 4Application of Act 5Civil Aviation Authority

Part 1:
Entry into the civil aviation system

6Requirement to register aircraft 7Requirement for aviation document 8Application for aviation document 9Grant or renewal of aviation document 10Criteria for fit and proper person test 11Rights of persons affected by proposed adverse decisions

Part 1A:
ANZA mutual recognition

Part 2:
Functions, powers, and duties of participants in the civil aviation system

12General requirements for participants in civil aviation system 13Duties of pilot-in-command 13ADuties of pilot-in-command and operator during emergencies 14Objectives of Minister 14AFunctions of Minister 14BSearch and rescue operations 14CMinister may direct agencies with respect to search and rescue operations 15Director may require or carry out safety and security inspections and monitoring 15APower of Director to investigate holder of aviation document 16Director of Civil Aviation Safety 17Power of Director to suspend aviation document or impose conditions 18Power to revoke aviation document or impose conditions 19Criteria for action taken under section 17 or section 18 20Power of Director to amend or revoke aviation document in other cases 21Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions 22Delegation of Minister's functions or powers to Authority 23Delegation of Authority's functions or powers to employees of Authority 23ADelegation of Director's functions or powers to employees of Authority 23BDelegation of Director's functions or powers to persons outside Authority 23CRestrictions on delegations 24General power of entry 25Powers of entry of Corporation 26Obligation to notify all accidents and incidents 26AObligation to identify pilot-in-command 27Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission

Part 2A:
Medical certification

27AInterpretation 27BPower of Director to issue medical certificate 27CChanges in medical condition of licence holder 27DMedical examination, report, and disclosure 27EExpiry of medical certificate 27FDesignation of aviation examiners and medical examiners 27GGeneral directions and emergency directives 27HInvestigation of medical condition of licence holder 27IRevocation, suspension, amendment, and surrender of medical certificate 27JAppointment of convener and deputy convener 27KCancellation of appointment as convener or deputy convener 27LReview of decisions regarding medical certificates or applications 27MReferral to convener by agreement 27NDelegation of Director's powers under this Part to medical practitioners who are employees of Authority 27ODelegation of Director's power under this Part to medical examiners who are not employees of Authority 27PRight of appeal to District Court 27QTransitional provisions 27RSavings

Part 3:
Rules

28Power of Minister to make ordinary rules 29Rules relating to safety and security 29ARules relating to airspace 29BRules for noise abatement purposes 30Rules relating to general matters 31Power of Director to make emergency rules 32Procedures relating to rules 33Matters to be taken into account in making rules 34Procedure for making ordinary rules 34AGovernor-General may make ordinary rules 35Procedure for making emergency rules 36Incorporation by reference 37Exemption power of Director

Part 4:
Fees and charges

38Fees and charges 39Rebates 40Payment of fees and charges 41Suspension or revocation of aviation document where prescribed fees or charges unpaid 42Recovery of fees and charges for aviation related services

Levies

42AGovernor-General may impose levies 42BBasis on which levies may be imposed 42CEffect if levy order not confirmed 42DOther provisions relating to levies

Part 5:
Offences and penalties

Safety offences

43Endangerment caused by holder of aviation document 43AOperating aircraft in careless manner 44Dangerous activity involving aircraft, aeronautical product, or aviation related service 44AFailure to comply with inspection or monitoring request 45Court may disqualify holder of aviation document or impose conditions on holding of document 46Acting without necessary aviation document 46AActing without required medical certificate 46BFraudulent, misleading, or intentionally false statements to obtain medical certificate 46CFailure to disclose information required by Director 46DFailure to provide information to Director relating to Australian AOCs with ANZA privileges 46EFailure to cease conducting air operations in New Zealand 47Additional penalty for offences involving commercial gain

General offences

48Applying for aviation document while disqualified 49Communicating false information or failing to disclose information relevant to granting or holding of aviation document 49ACarrying on scheduled international air service without licence or contrary to licence 49BOperating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence 50Obstruction of persons duly authorised by Director 50AFailure or refusal to produce or surrender documents 51Trespass 52Failure to maintain accurate records 52AFailure to notify emergency breach of Act or regulations or rules 52BFailure to notify accident or incident 52CFailure to provide identifying information 53Contravention of emergency rule, prohibition, or condition 53AFlight over foreign country without authority or for improper purpose

Security offences

54Security area and security enhanced area offences 55Personation or obstruction of aviation security officer 56Communicating false information affecting safety 56ASecurity check offences

Infringement offences

57Infringement offences 58Infringement notices

Disqualification

59Effect of disqualification 60Commencement of period of disqualification 61Retention and custody of document 62Removal of disqualification 63Particulars of disqualification orders, etc, to be sent to Director 64Appeals against disqualification

Charging documents and burden of proof

65Time for filing charging document 65AABurden of proof of reasonable excuse

Part 5A:
Unruly passenger offences

Preliminary provisions

65AApplication of this Part 65BLiability for offences against this Part despite extraterritoriality 65CLiability for offences under Summary Offences Act 1981 despite extraterritoriality 65DForeign aircraft outside New Zealand 65EProceedings for offences

Unruly passenger offences

65FStrict liability for acts endangering safety 65GDisruptive conduct towards crew member 65HInterference with aircraft 65IIntoxicated persons on aircraft 65JNon-compliance with commands given by pilot-in-command 65KOffensive behaviour or words 65LPortable electronic devices not to be operated 65MNon-compliance with seating and seatbelt instructions 65NNo smoking or vaping 65ODangerous goods 65PProcedure for certain unruly passenger offences 65QForm of infringement notice 65RPayment of fees 65SFiling of notices 65TSavings

Part 6:
Rights of appeal

66Appeal to District Court 67Procedure 68Decision of Director to continue in force pending appeal, etc 69Appeal to High Court on question of law 70Further appeal to Court of Appeal 71Evidence and proof 72Evidence of air traffic services provider

Part 6A:
Civil Aviation Authority of New Zealand

72ACivil Aviation Authority of New Zealand established 72AAObjective of Authority 72BFunctions of Authority 72CAuthority to comply with policy directions 72CASurplus of Aviation Security Service funds payable to the Crown 72DAuthority to have powers of natural person 72EAuthority to consider delegating or contracting out of functions and powers 72FRestriction applying to statement of intent 72GService charter 72HUse of words Civil Aviation Authority 72IDirector of Civil Aviation 72JActing Director of Civil Aviation 72KPowers of Director in relation to examinations, etc 72LGeneral Manager of Aviation Security Service 72MActing General Manager of Aviation Security Service 72NUse of words Aviation Security Service 72OReferences to Director to be read as General Manager of Aviation Security Service in certain circumstances

Part 7:
Registries and information services

73New Zealand Register of Aircraft 74Civil Aviation Registry 75Information services

Part 8:
Aviation security

76Aviation security 77Responsibility of Minister 77APowers and duties of Minister to require screening, searching, and seizing 77BPowers and duties of Director to require screening, searching, and seizing 77BACertain Gazette notices may not include security sensitive information 77CTransitional provisions for screening 77FPowers and duties of Director relating to security checks 77GReview procedures for security check determinations 77HOffence to carry out activity while authorisation withdrawn or after authorisation revoked 77IOffence to fail to comply with Director's requirement to withdraw or revoke authorisation 78Aviation Security Service 79Authorised aviation security service providers 79AFurther provisions relating to Aviation Security Service 80Powers, functions, and duties of Aviation Security Service 80APowers and duties of aviation security officer relating to dangerous goods 80BPower of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas 80CPowers and duties of aviation security officers relating to security enhanced areas 80DConsent to be screened or searched 80EPersons who refuse to consent to be screened or searched 80FSearches of persons refusing consent to be searched 80GSearches of persons 80HPower to require drivers to stop vehicles in security enhanced areas for screening or searching 80IProtection of aviation security officers 81Functions and duties of other aviation security service providers 82Security designated aerodromes and navigation installations 83Right of access 84Security areas and security enhanced areas 85Powers of arrest and seizure of items or substances 86Arrest of persons delivered to Police 87Powers of Police

Part 8A:
International air services licensing

87AInterpretation 87BScheduled international air service not to be carried on except pursuant to licence 87CApplication for licence

Scheduled international air service licences for New Zealand international airlines

87DMinister to be licensing authority for New Zealand international airlines 87ENotice of application 87FConsideration of application for scheduled international air service licence by New Zealand international airline 87GScheduled international air service licence may be granted subject to conditions 87HDuration of scheduled international air service licence 87IRenewal of scheduled international air service licence 87JVariation of terms and conditions of scheduled international air service licence 87KTransfer of scheduled international air service licence

Scheduled international air service licences for foreign international airlines

87LSecretary to be licensing authority for foreign international airlines 87MConsideration of application for scheduled international air service licence by foreign international airline 87NScheduled international air service licence may be granted subject to conditions 87ODuration of scheduled international air service licence 87PRenewal of scheduled international air service licence 87QVariation of terms and conditions of scheduled international air service licence

Open aviation market licences

Requirements on licensees

87ZAInsurance cover against liability 87ZBReturns to be furnished

Suspension and revocation of licences

87ZCSuspension of licences 87ZDRevocation of licences

Non-scheduled international flights

87ZECommercial non-scheduled international flights not to be operated except as authorised by Secretary

Miscellaneous provisions

87ZFProvisions of this Part in addition to requirements of regulations and rules 87ZGThis Part not in force in Tokelau

Part 9:
International air carriage competition

88Authorisation of contracts, arrangements, and understandings relating to international carriage by air 89Minister may issue commission regimes 90Authorisation of tariffs by Minister 91Application of Commerce Act 1986

Part 9A:
International carriage by air

91AInterpretation 91BApplication of Guadalajara Convention 91CConventions to have force of law 91DInconsistency between French and English texts 91EFatal accidents 91FContributory negligence 91GLimitation of liability 91HValue of special drawing right 91ITime for bringing proceedings 91JActions against High Contracting Parties 91JAActions against Parties to Montreal Convention 91KDesignation of Parties 91LArticle 40A of amended Convention 91MPower to exclude aircraft in use for military purposes

Transitional provisions

91NOccurrences before commencement of this Part 91OHigh Contracting Parties not Party to Hague Protocol 91PHigh Contracting Parties not Party to Montreal Protocols 91QHigh Contracting Parties not Party to Protocol No 4 91RHigh Contracting Parties not Party to Protocol No 2 91RAHigh Contracting Party or Party not Party to Montreal Convention 91SCurrency equivalent notices 91TRegulations

Part 9B:
Domestic carriage by air

91UInterpretation 91VApplication of this Part 91WExclusions 91XProvisions if carriage performed by actual carrier 91YProvisions if carriage performed by successive carriers 91ZLiability of carrier in respect of delay 91ZAAvoidance of liability 91ZBContributory negligence 91ZCLimitation of liability 91ZDContracting out 91ZEWilful or reckless misconduct 91ZFServants or agents of carrier 91ZGAggregation of damages 91ZHAggregate liability 91ZIJust and equitable orders and awards 91ZJTortfeasors 91ZKRelationship between carriers 91ZLLimitation of actions 91ZMCombined carriage

Part 10:
Aerodromes, facilities, and joint venture airports

92Definition of joint venture airport 93Powers of Minister in respect of aerodromes and facilities 94Joint ventures 95Retention of Crown money in joint venture airport accounts

Part 11:
Miscellaneous provisions

96Sale of alcohol at international airports 96AMinister may prohibit smoking or vaping on international air routes 96BOffences in respect of smoking on international flights 96CProcedure for offence of smoking on international flight 96DForm of infringement notice 96EPayment of fees 96FFiling of notices 97Nuisance, trespass, and responsibility for damage 98Indemnity in respect of certain messages 99Airways Corporation to be sole provider of certain airways services 99ARegulations relating to information disclosure 99BInformation to be supplied to Secretary 99COffences 99DAdministration of sections 99A to 99C 100Regulations 100ABurden of proof of exceptions, etc, for offences in rules and regulations 101Repeals, revocation, amendments, and savings 102Transitional provisions 103Effect of Act on Civil Aviation Regulations

Part 12:
Cape Town Convention and Aircraft Protocol

104Interpretation 105Cape Town Convention and Aircraft Protocol to have force of law 106Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances 107Governor-General may issue copies of declarations 108Certificates about Contracting States 109Irrevocable de-registration and export request authorisations 110De-registration requests 111Removal requests 112Director must prescribe and publish forms for de-registration requests 113Director may not exercise certain powers

Schedule 1:
Enactments repealed

Schedule 2:
Enactments amended

Schedule 3:
Provisions relating to Civil Aviation Authority of New Zealand

Schedule 4:
The Warsaw Convention as amended by the Hague Protocol of 1955 and the Montreal Additional Protocols Nos 1 and 2 and Protocol No 4 of 1975

Schedule 5:
The Guadalajara Convention

Schedule 6:
The Montreal Convention

Schedule 7:
Convention on International Interests in Mobile Equipment

Schedule 8:
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

Civil Aviation Act 1990

International air services licensing - Open aviation market licences

87R: Minister may designate countries or territories for open aviation market licences

You could also call this:

"Minister chooses which countries can easily fly planes to New Zealand"

Illustration for Civil Aviation Act 1990

The Minister can decide which countries or territories can have open aviation market licences. They do this by putting a notice in the Gazette, which is an official government publication. These licences allow airlines to run scheduled international air services and non-scheduled international flights that carry passengers, cargo, or mail for payment. This means that if a country or territory is on the Minister's list, airlines from that place can operate flights to and from New Zealand more easily.

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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=DLM217865.

Topics:

Transport and travel > Air travel

87Q: Variation of terms and conditions of scheduled international air service licence, or

"Changing the rules for foreign airlines flying to New Zealand"

87S: Secretary to be licensing authority for open aviation market licences, or

"The Secretary gives out special permits for airlines to fly between countries"

Part 8AInternational air services licensing
Open aviation market licences

87RMinister may designate countries or territories for open aviation market licences

The Minister may from time to time, by notice in the Gazette, designate any 1 or more countries or territories in respect of which—
scheduled international air services; and
non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire—

Notes

Section 87R: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).