Civil Aviation Act 2023

Airports - Regulatory airport spatial undertakings

247: Secretary may make direction orders

You could also call this:

"The Secretary can give orders to airport operators who break or might break the rules"

The Secretary can make a direction order if they think an airport operator has broken, or might break, a rule in this part of the law or a regulatory airport spatial undertaking that is in effect under section 244. You need to know the Secretary can tell the operator what to do to fix the problem. The Secretary can also tell the operator to report back on how they fixed the problem.

The direction order can tell the operator to follow the rules, take steps to fix the problem, or do something within a certain time. The Secretary must give the operator notice before making a direction order, telling them why they might make the order. The operator then has a chance to respond and say what they think about the possible order.

The Secretary must give the operator at least 5 working days' notice before making the direction order. During this time, the operator can make written submissions and talk to the Secretary about the issue. The Secretary will consider what the operator says before deciding what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS438878.


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248: Secretary must give notice of direction orders, or

"The Secretary must tell you in writing about new direction orders"

Part 7Airports
Regulatory airport spatial undertakings

247Secretary may make direction orders

  1. The Secretary may make an order under this section (a direction order) if satisfied on reasonable grounds that an airport operator has contravened, or is likely to contravene, a provision of this subpart or a regulatory airport spatial undertaking that is in effect in accordance with section 244.

  2. The direction order may—

  3. direct the operator to comply with the provision or the undertaking:
    1. specify any reasonable steps that the operator must take in order to comply with the provision or undertaking, or to avoid or mitigate any actual or potential adverse effects of a contravention:
      1. specify a reasonable period within which the operator must comply with the provision or undertaking:
        1. require the operator to report to the Secretary stating how and when the provision or undertaking has been, or will be, complied with.
          1. The Secretary may make a direction order under this section only if the Secretary first takes the following steps:

          2. give the person to whom the direction order is proposed to be directed written notice—
            1. that the Secretary may make a direction order under this section; and
              1. of the reasons why the Secretary is considering exercising that power; and
              2. give the notice referred to in paragraph (a) at least 5 working days before the Secretary makes the direction order; and
                1. give each person to whom notice of the direction order must be given, or the person’s representative, an opportunity to make written submissions and to be heard on the matter within that notice period.