Civil Aviation Act 1990

Miscellaneous provisions

102: Transitional provisions

You could also call this:

“Rules for smoothly changing from old aviation laws to new ones”

When the Civil Aviation Act 1990 started, some changes were made to make sure everything worked smoothly. Here’s what you need to know:

Any time you see “Minister of Civil Aviation” or “Minister of Civil Aviation and Meteorological Services” in old documents, it now means “Minister of Transport”, unless it doesn’t make sense in that situation.

If you see “Office of Air Accidents Investigation” in old documents, it now means “Transport Accident Investigation Commission”. Also, if you see “Chief Inspector of Air Accidents” or “Inspector of Air Accidents”, it now means someone chosen by the Transport Accident Investigation Commission to look into things under the Transport Accident Investigation Commission Act 1990.

All the old licenses, certificates, permits, and approvals that were given out under the old Civil Aviation Regulations 1953 are still good. They now count as aviation documents under the new Act and have to follow the new rules.

If someone was allowed to do something under sections 29A or 29C of the old Civil Aviation Act 1964, or if there was a commission set up under section 29C, these are still valid. They now fall under Part 9 of the new Act and have to follow those rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM218729.


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101: Repeals, revocation, amendments, and savings, or

"Changes to rules about flying: removing old rules and updating others"


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103: Effect of Act on Civil Aviation Regulations, or

"This part of the law about flying rules was taken out and doesn't exist anymore"

Part 11 Miscellaneous provisions

102Transitional provisions

  1. Every reference to the Minister of Civil Aviation or the Minister of Civil Aviation and Meteorological Services in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act, shall, unless the context otherwise requires, be read as a reference to the Minister of Transport.

  2. Repealed
  3. Unless the context otherwise requires, in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act,—

  4. every reference to the Office of Air Accidents Investigation shall be read as a reference to the Transport Accident Investigation Commission:
    1. every reference to the Chief Inspector of Air Accidents or an Inspector of Air Accidents shall be read as a reference to a person appointed by the Transport Accident Investigation Commission to investigate any matter under the Transport Accident Investigation Commission Act 1990.
      1. Repealed
      2. Every licence, rating, certificate, permit, authorisation, approval, or other document issued under the Civil Aviation Regulations 1953, that is in force immediately before the commencement of this Act, shall be deemed to be an aviation document issued under this Act, and shall have effect and be subject to the provisions of this Act accordingly.

      3. Every authorisation given under section 29A or section 29C of the Civil Aviation Act 1964, and every commission regime issued under section 29C of that Act, that is in force immediately before the commencement of this Act, shall be deemed to have been given or issued, as the case may be, under Part 9, and shall have effect and be subject to the provisions of that Part accordingly.

      4. Repealed
      Notes
      • Section 102(2): repealed, on , by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75).
      • Section 102(4): repealed, on , by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75).
      • Section 102(7): repealed, on , by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75).