Civil Aviation Act 2023

International aviation - International air carriage competition

197: Further provisions relating to application for authorisation

You could also call this:

"What happens when you apply for permission and the Minister checks it"

When you apply for authorisation, the Minister checks your application. If your application is incomplete, or not what the Minister needs, they can choose to accept it, return it to you, or not register it until you fix the issues or pay the required fee. The Minister will look at the rules in sections like section 196(1) and section 195(2) to decide what to do.

If the Minister decides not to register your application, they will tell you right away. The Minister can also ask you, or someone related to your application, for more information to help them make a decision. You must give the Minister the information they ask for within the time they specify.

The Minister can return your application if they think it will not be used for some reason that is not related to the rules. You can withdraw your application at any time by sending a written notice to the Ministry.

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Part 6International aviation
International air carriage competition

197Further provisions relating to application for authorisation

  1. On receipt of an application for authorisation that is incomplete, not in accordance with any other requirements of the Minister, or not accompanied by the prescribed fee, the Minister may, at the Minister’s discretion,—

  2. accept the application and do the things referred to in section 196(1) in respect of that application; or
    1. return the application to the person by or on whose behalf it was made; or
      1. decline to register the application until the application is completed in accordance with section 195(2) or accompanied by the prescribed fee (as relevant).
        1. If the Minister declines to register an application under subsection (1)(c), the Minister must immediately notify the person by or on whose behalf the application was made.

        2. The Minister may require the following persons to provide, and those persons must provide, within the time the Minister specifies, further documents or information in relation to the application for authorisation for the purpose of enabling the Minister to exercise the Minister’s functions under this subpart:

        3. the person making the application:
          1. any person on whose behalf the application was made:
            1. any person to whom the application relates.
              1. Despite section 196(1) and subsection (3) of this section, if the Minister is of the opinion that the matters to which an application relates are, for reasons other than those arising from the application of any provision of this Act, unlikely to be proceeded with, the Minister may, in the Minister’s discretion, return the application to the person by or on whose behalf the application was made.

              2. Any person who has applied to the Minister for an authorisation may, at any time, by notice in writing to the Ministry, withdraw the application.