Civil Aviation Act 2023

Airports - Airport operators

233: Airport operators may vary leases in certain circumstances

You could also call this:

"Airport operators can change or end leases if they need the land for the airport"

If you lease land or buildings at an airport, the airport operator can end the lease if they need the land for the airport. You can be asked to leave the whole area or just part of it. The airport operator does not have to pay you damages for ending the lease, except for any compensation agreed in the lease. If you made improvements to the land, like building something, the airport operator may have to pay you for those improvements when the lease ends. The amount of compensation for improvements can be agreed between you and the airport operator, or it can be decided by arbitration under the Arbitration Act 1996.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS352498.


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"Airport owners must discuss their future plans with important people before making decisions."


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234: Application of other Acts to airport subdivisions and laying out of access roads, or

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Part 7Airports
Airport operators

233Airport operators may vary leases in certain circumstances

  1. This section applies if—

  2. an airport operator has leased buildings, installations, or land (or any part of them) within the land that is registered as an airport; and
    1. during the term of the lease, the building, installation, or land is required for the purposes of the airport.
      1. The airport operator may terminate the lease as to the whole of the property leased or as to so much of it as is required for the purposes of the airport.

      2. No action may be brought in any court for the payment of damages or compensation in respect of the termination except an action for the payment of compensation provided for in the lease under subsection (4).

      3. A lease referred to in subsection (1) may contain a provision requiring the airport operator to pay the lessee on the termination of the lease under subsection (1) compensation for improvements effected by the lessee during the term of the lease.

      4. Compensation for improvements effected by the lessee must be an amount agreed between the parties or, failing agreement, an amount determined by arbitration under the Arbitration Act 1996.

      5. If the amount of compensation for improvements is submitted for arbitration under the Arbitration Act 1996, this subsection is to be treated as a submission within the meaning of that Act.

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