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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Transport instruments

430: Regulations or rules may provide for transport instruments

You could also call this:

"Rules can include special instructions called transport instruments if approved by the right person."

The law says a regulation or rule can include something called a transport instrument, but only if the right person agrees it's a good idea. You need to know that the Minister, Director, or Governor-General must be satisfied the subject matter is suitable for a transport instrument. The regulation or rule must say who can make the transport instrument, either the Secretary or the Director.

A transport instrument is part of the regulation or rule that provides for it. If a regulation or rule includes a transport instrument, it only has effect because the regulation or rule refers to it. Breaking a transport instrument is the same as breaking the regulation or rule that includes it.

If a regulation or rule provides for a transport instrument, the instrument is secondary legislation, which is explained in Part 3 of the Legislation Act 2019. The regulation or rule must say the transport instrument is secondary legislation.

Sometimes, a transport instrument does not need to be published, but the person who makes it must give a copy to the people it affects. In this case, the transport instrument only affects the people who receive a copy, and it starts to apply as soon as they get it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS402873.

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431: Specified person may make transport instruments, or

"Only the Secretary or Director can create transport rules"

Part 10Regulations and miscellaneous provisions
Transport instruments

430Regulations or rules may provide for transport instruments

  1. A regulation or rule made under this Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument, but must not do so unless,—

  2. in the case of the Governor-General making the regulation or rule, the Minister has advised the Governor-General that the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
    1. in the case of the Minister making the rule, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
      1. in the case of the Director making the rule, the Director is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.

        1. A regulation or rule that provides for a transport instrument must specify whether the Secretary or the Director may make the instrument.

        2. A regulation or rule that provides for a transport instrument may—

        3. provide for a particular transport instrument as amended or replaced from time to time:
          1. provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
            1. provide for any requirements in relation to the instrument or its creation.

              1. A transport instrument provided for in a regulation or rule is part of that regulation or rule.

              2. To avoid doubt,—

              3. a transport instrument has effect only to the extent that a regulation or rule made under this Act refers to it; and
                1. a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.

                  1. If a regulation or rule provides for a transport instrument,—

                  2. a transport instrument made under the regulation or rule is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                    1. the regulation or rule must contain a statement to that effect.

                      1. If, under the Legislation Act 2019, the transport instrument is not required to be published, the maker of the instrument must serve a copy of it on the persons (if any) whom the maker considers appropriate.

                      2. A transport instrument to which subsection (7) applies—

                      3. has effect only in relation to a person on whom it is served under subsection (7); and
                        1. comes into force in relation to the person immediately after it is served on the person (even though it is not published).

                          Notes