12Overview

1. This Part (Part 1) deals with preliminary matters, including specifying the purposes of this Act and defining terms. Key terms are accident, aircraft, aviation participant, and pilot-in-command.

2. Part 2—

3. sets out the general obligations of aviation participants:
4. sets out duties relating to pilots-in-command:
5. continues the CAA and provides for its composition, governance, objective, and functions:
6. provides for the Director of Civil Aviation and the Director’s functions and powers:
7. sets out regulatory functions, duties, and powers of the Secretary under the Act:
8. sets out matters relating to the role of Airways:
9. provides for the Register of Aircraft, Civil Aviation Records, and information services:
10. contains general offences and liability provisions (see subpart 4):
11. provides duties to notify accidents and incidents (see subpart 5).

12. Part 3 provides for the making of civil aviation rules.

13. Part 4 provides for—

14. processes for an aviation participant to obtain an aviation document if the rules provide that an aviation document is required for the person’s participation in the civil aviation system (see subpart 1):
15. the recognition in New Zealand of certain Australian air operator certificates, and the granting by the Director of authority to New Zealand air operators to conduct air operations to, from, or within Australia (see subpart 2):
16. certain key powers of the Director in relation to aviation document holders and aviation documents (see subpart 3):
17. offences relating to aviation documents (see subpart 4):
18. the requirements for, and powers relating to, medical certification (see subpart 5):
19. a regime for drug and alcohol management plans and testing (see subpart 6).

20. Part 5 relates to aviation security, and provides for—

21. the designation of aerodromes and navigation installations as security designated aerodromes and navigation installations:
22. the conducting of security checks by the Director of persons who are required under the rules to have a security check to perform their roles in the civil aviation system:
23. the authorisation of those who provide aviation security services at aerodromes and navigation installations:
24. the powers of aviation security officers and the Police in relation to aviation security at aerodromes and navigation installations:
25. the consequences, for persons travelling on aircraft, and other persons present at aerodromes or navigation installations, of failure to comply with aviation security requirements, including aviation security offences.

26. Part 6 provides for—

27. licences for international air services and the requirements for licensees (see subpart 1):
28. authorisations by the Minister relating to international air carriage competition (see subpart 2):
29. a carbon offsetting and reduction scheme for international aviation (CORSIA) (see subpart 3).

30. Part 7 contains provisions relating to—

31. airport operators (see subpart 2):
32. the giving of regulatory airport spatial undertakings by airport operators in relation to space requirements at airports (see subpart 3):
33. the granting of exemptions by the Secretary to airport operators from the requirements of subparts 2 and 3 (see subpart 4):
34. the sale of alcohol to eligible passengers arriving at, or departing from, international airports in New Zealand (see subpart 5).

35. Part 8 relates to redress for passengers and others in relation to international and domestic carriage of passengers and goods by air, and—

36. provides for international carriage of passengers and goods by air consistent with, and in accordance with, relevant international conventions (see subpart 2), relating to compensation for the victims of air disasters and for the loss of, or damage to, baggage:
37. provides for liability in the case of delay in respect of domestic carriage of passengers and goods by air (see subpart 3), including limitation provisions:
38. provides jurisdiction to New Zealand courts and the Disputes Tribunal in relation to liability claims against a carrier or any other person.

39. Part 9 provides for monitoring, investigation, and enforcement, including—

40. inspection, monitoring, and enforcement powers of the Director, CAA, and inspectors (see subparts 1 and 2):
41. powers of the Director in relation to aerodromes, aircraft, and aeronautical products where the operation or use of those things may endanger people or property (see subpart 3):
42. powers to seize, detain, or destroy aircraft without a person on board that are operating in breach of the law or in a manner that may endanger people or property (see subpart 4):
43. powers of the Director to grant exemptions from compliance with regulations and rules (see subpart 5):
44. provisions for a person to give an enforceable undertaking in relation to contraventions of civil aviation legislation (see subpart 6):
45. the appointment of inspectors and response officers (see subpart 7):
46. powers of entry of Airways (see subpart 8):
47. protections provided to people giving accident and incident notifications, implementing a policy approach known as just culture (see subpart 9):
48. protections against the use of flight data recordings against flight crew in criminal proceedings (see subpart 10):
49. provisions dealing with the consequences of a court disqualifying a person from obtaining or holding an aviation document (see subpart 11):
50. powers of a court to grant injunctions against breaches of civil aviation legislation (see subpart 12):
51. powers of the Minister to intervene on grounds of national security in relation to participation in the civil aviation system (see subpart 13):
52. general offences (see subpart 14) and a penalty for offences involving commercial gain (see subpart 15):
53. infringement offences (see subpart 16) and other miscellaneous matters concerning offence proceedings (see subparts 17 to 19):
54. unruly passenger offences (see subpart 20).

55. Part 10 provides various regulation-making powers and miscellaneous provisions, including—

56. powers to make regulations, airworthiness directives, and transport instruments (see subparts 1 to 3):
57. the application of the Cape Town Convention and Aircraft Protocol in New Zealand (see subpart 4):
58. provisions establishing a process for an applicant to review certain decisions made by the Director under this Act or a person to whom the Director has delegated powers or functions under this Act:
59. provisions conferring rights of appeal under the Act (see subpart 6):
60. provisions about the delegation of powers and functions of the Minister and the Director, the disclosure or publication of information, and information sharing (see subpart 7):
61. consequential and other amendments to other legislation, repeals, and revocations.

62. This section is only a guide to the provisions of this Act.