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New Zealand law explained for everyone

Civil Aviation Act 2023

Airports - Airport operators

230: Airport operators may set charges

You could also call this:

"Airports can charge you for using their services, but they must follow rules when setting these charges."

An airport operator can set charges for things they provide or manage at the airport. You might have to pay a charge if you use the airport, like if you are a passenger. The airport operator must talk to big customers before changing the amount of a charge.

If you are a big customer, the airport operator must talk to you before changing a charge. They must also talk to you again within five years after changing the charge. But if you agree in writing that you do not need to be talked to, the airport operator does not have to consult you.

The airport operator can treat talking to you about some things under the Commerce Act 1986 as talking to you for this purpose. This means they might not have to talk to you separately about the same thing.

If the airport operator does not follow these rules, it does not affect any agreements they have made. Section 43 of the Commerce Act 1986 does not apply to these charges. The airport operator cannot set a charge for something if you already have to pay for it under other regulations, like those made under section 407 or 415.

A charge can include a fee, a due, or rent payable under a lease. The airport operator must follow these rules when setting charges for things like aerodrome activities. You can find more information about these rules in the Civil Aviation Act 2023 and the Commerce Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS352491.

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Part 7Airports
Airport operators

230Airport operators may set charges

  1. An airport operator may set charges for identified aerodrome activities provided, operated, or managed by the airport operator.

  2. If the charge is, or is proposed to be, payable by a substantial customer, the airport operator must consult the customer—

  3. before fixing or altering the amount of the charge; and
    1. within 5 years after fixing or altering the amount of the charge.

      1. If the charge is, or is proposed to be, payable by a passenger, the airport operator must consult all of its substantial customers—

      2. before fixing or altering the amount of the charge; and
        1. within 5 years after fixing or altering the amount of the charge.

          1. Despite subsections (2) and (3), the airport operator need not consult a substantial customer under this section if the substantial customer has consented in writing to not being consulted (and has not withdrawn that consent).

          2. If the airport operator is a specified airport company as defined in section 56A of the Commerce Act 1986 and specified airport services of the operator are subject to negotiate/arbitrate regulation or price-quality regulation under Part 4 of that Act, consultation about those specified airport services that has occurred or will occur, whether by the airport operator or otherwise, with the substantial customer for the purposes of that Act may be treated as consultation for the purpose of this section.

          3. A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.

          4. Section 43 of the Commerce Act 1986 does not apply (and, accordingly, Part 2 of that Act applies) in relation to the charge.

          5. This section does not limit the application of Part 4 of the Commerce Act 1986.

          6. No charge may be set under this section for the carrying out of an activity for which a charge is payable under regulations made under section 407 or 415.

          7. In this section, charge includes a fee, a due, or rent payable under a lease.

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