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Civil Aviation Act 2023

International aviation - International air services licensing - Licence-related provisions

184: Variation of terms and conditions of licence

You could also call this:

"Changing the rules of an airline licence"

The licensing authority can change the terms and conditions of a scheduled international air service licence granted under section 181 if the licence is in force. You can have the terms and conditions changed on your own request or the licensing authority can decide to do it. The licensing authority can amend, revoke, or add new terms and conditions to the licence.

If the licensing authority wants to make changes on its own, it must give you notice of its intention. You will get at least 21 days' notice in writing, unless you and the licensing authority agree on a shorter time. If the changes relate to a restricted scheduled international air service, the licensing authority must give public notice and allow at least 21 days for people to make written representations.

The licensing authority must consider your application to change the terms and conditions of the licence according to the requirements of section 180(1)(a) and (b). If the licensing authority makes changes to a licence that relates to a restricted scheduled international air service, it must publish a notice in the Gazette with the details of the changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS172749.

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Part 6International aviation
International air services licensing: Licence-related provisions

184Variation of terms and conditions of licence

  1. The licensing authority may do any of the things specified in subsection (2) in relation to a scheduled international air service licence granted under section 181—

  2. if the scheduled international air service licence is in force; and
    1. on—
      1. the licensing authority’s own volition; or
        1. the application of the licensee.

        2. The things referred to in subsection (1) are—

        3. amend any of the terms and conditions of the licence:
          1. revoke any of the terms and conditions of the licence:
            1. add any new terms or conditions to the licence.

              1. If the licensing authority intends to exercise the power under subsection (1)(b)(i), the licensing authority must give notice of that intention to the licensee in accordance with the following:

              2. if the proposed variation relates to, or involves, a restricted scheduled international air service, the authority must give not less than 21 days’ notice in writing:
                1. in any other case, the authority must give not less than 21 days’ notice in writing unless the licensee and the licensing authority agree on a shorter period.

                  1. If the proposed variation relates to, or involves, a restricted scheduled international air service, the licensing authority must—

                  2. give public notice of the licensing authority’s intention to consider exercising a power under this section, if any proposed variation involves—
                    1. a change or an addition to the route or routes to be operated; or
                      1. an increase in the capacity of the service to be provided; and
                      2. specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person regarding the proposed variation.

                        1. The licensing authority must consider and determine an application under this section in accordance with the requirements of section 180(1)(a) and (b), which applies with any necessary modifications.

                        2. If the licensing authority varies the terms or conditions of a licence that relates to, or includes, a restricted scheduled international air service, the licensing authority must give notice in the Gazette of the fact of, and the terms and conditions of, that variation.

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