Civil Aviation Act 2023

Airports - Regulatory airport spatial undertakings

242: Consultation and timing requirements

You could also call this:

"How airports must talk to others and follow a timeline when making important plans"

When an airport operator wants to make a regulatory airport spatial undertaking, they must try to get the relevant government agencies to agree with it. They also need to talk to their substantial customers before giving the undertaking to the Secretary under section 241(2). The airport operator must do this as part of their job.

The government agencies must not say no to the undertaking without a good reason, and they must not delay their answer. They must also work together to give a coordinated response.

The airport operator must make sure the undertaking is given and accepted within a certain time frame, which is usually 9 months. This 9-month period starts from the date when the space requirement arises, or from the date when the government agency notifies the operator that it intends to impose the space requirement, depending on which section applies. The Governor-General can also set a different deadline by Order in Council made on the recommendation of the Minister. If the Governor-General makes an Order in Council, it is secondary legislation, and you can find out more about publication requirements in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS438874.


Previous

241: Giving of regulatory airport spatial undertaking by airport operator, or

"Airport operators must promise to meet space rules and tell the government their plan."


Next

243: Decision and notification, or

"The Secretary decides whether to accept or send back an airport plan, and tells them the result."

Part 7Airports
Regulatory airport spatial undertakings

242Consultation and timing requirements

  1. An airport operator must make reasonable efforts to obtain the relevant government agencies’ endorsement of a regulatory airport spatial undertaking and consult with substantial customers before providing the undertaking to the Secretary under section 241(2).

  2. The agencies—

  3. must not unreasonably withhold or delay their endorsement; and
    1. must make reasonable efforts to co-ordinate their response.
      1. The operator must take all reasonable steps to ensure that the undertaking is given and accepted—

      2. before the end of the 9-month period beginning with,—
        1. if section 241(1)(a) applies, the date on which the space requirement arises; or
          1. if section 241(1)(b) applies, the date on which the relevant government agency notifies the operator that it intends to impose the space requirement; or
          2. by any other deadline specified by the Governor-General by Order in Council made on the recommendation of the Minister.
            1. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Notes