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Civil Aviation Act 1990

Rules

34A: Governor-General may make ordinary rules

You could also call this:

“The Governor-General can make rules about flying”

The Governor-General can make, change, or cancel ordinary rules for the same reasons the Minister can. Before recommending a rule, the Minister must think about certain things. Some parts of the law don’t apply when the Governor-General makes these rules.

The Minister can change or cancel rules made by the Governor-General as if the Minister had made them. These rules are a type of law called secondary legislation, but they’re not written by the Parliamentary Counsel Office.

If the rule doesn’t need to be published, the Minister must give a copy to the right people. These unpublished rules only affect the people who get a copy, and they start working as soon as the person gets the copy. The Minister can give out these copies in any way they think is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3143109.

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Part 3 Rules

34AGovernor-General may make ordinary rules

  1. Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.

  2. The Minister must have regard to the criteria specified in section 33(2) before making a recommendation under subsection (1).

  3. Sections 32(1)(a) and 34(1) do not apply to an ordinary rule made by Order in Council under subsection (1).

  4. Repealed

  5. The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.

  6. An order under this section—

  7. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
    1. is not to be drafted by the PCO under section 67(d)(i) of that Act.

      1. If, under the Legislation Act 2019, the order is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.

      2. An order to which subsection (7) applies—

      3. has effect only in relation to a person on whom it is served under subsection (7); and
        1. comes into force in relation to that person immediately after it is served on the person (even though it is not published).

          1. Service under subsection (7) may be effected in any way the Minister considers appropriate.

          Notes
          • Section 34A: inserted, on , by section 8 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
          • Section 34A(4): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 34A(6): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 34A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 34A(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 34A(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).