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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Exemptions from compliance with regulations and rules

322: Director may grant exemptions from compliance with regulations and rules

You could also call this:

"The Director can let some people or things not follow certain rules if it's fair and reasonable."

Illustration for Civil Aviation Act 2023

The Director can choose to let some people or things not follow certain rules or regulations. You might be exempt from following some rules if the Director thinks it is appropriate. The Director can exempt a specific person or thing, or a whole group of people or things.

The Director has some limits on their power to grant exemptions. They cannot grant an exemption if the rule specifically says no exemptions are allowed. They can only grant an exemption from a regulation if the regulations say this is allowed, and also say that section 323 applies.

Before granting an exemption, the Director must be satisfied that it is no broader than necessary. They must also think the exemption is consistent with the main purpose of the Civil Aviation Act. The Director will consider things like the additional purposes of the Act, and whether the exemption is consistent with international standards.

The Director must tell people about the exemptions they grant, by publishing them in the Gazette. If the Director grants an exemption to a whole group of people or things, it is considered secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019. The Director must also publish their reasons for granting the exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS334951.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
Exemptions from compliance with regulations and rules

322Director may grant exemptions from compliance with regulations and rules

  1. The Director may, if the Director thinks it appropriate,—

  2. exempt any 1 or more named aviation participants, aeronautical products, aircraft, aerodromes, aviation-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Act; or
    1. exempt any class of aviation participant, aeronautical product, aircraft, aerodrome, aviation-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Act.

      1. The power under subsection (1)—

      2. must not be used to provide an exemption from the requirements of a rule if the relevant rule specifically provides that no exemptions from its requirements may be granted; and
        1. may be used to allow an exemption from the requirement of a regulation only if the regulations specify that this section and section 323 apply to that requirement.

          1. The Director must not grant an exemption under subsection (1) unless the Director is satisfied that—

          2. the extent of the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
            1. the exemption is consistent with the main purpose of this Act; and
              1. it is appropriate to grant the exemption after considering—
                1. the additional purposes of this Act; and
                  1. consistency with relevant international standards (if any); and
                    1. any other matter that the Director considers appropriate in the circumstances.

                    2. The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.

                    3. An exemption granted under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    4. The Director’s reasons for granting an exemption under subsection (1)(b) must be published with the exemption.

                    Notes