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Civil Aviation Act 2023

Airports - Airport operators

238: Minister may amend, replace, or disallow bylaws

You could also call this:

"The Minister can change or cancel airport rules if they are unfair or don't follow other laws."

The Minister can change, replace, or cancel bylaws made by airport operators under section 235 if they are inconsistent with other laws or unreasonable. You need to know that this can happen to bylaws made before or after this law started. The Minister can do this if the bylaw affects traffic in a way that is not reasonable.

If the Minister cancels a bylaw, it is treated as if it never existed, to the extent it was cancelled. This happens on the day after the Minister publishes a notice saying the bylaw is cancelled, or on a later date specified in the notice.

The Minister must follow the rules in the Legislation Act 2019 when publishing the notice, which is a type of secondary legislation explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS457628.

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Part 7Airports
Airport operators

238Minister may amend, replace, or disallow bylaws

  1. The Minister may amend, replace, or disallow, either wholly or in part, any bylaw made by an airport operator under section 235 (whether before or after the commencement of this section) if the bylaw—

  2. is inconsistent with any enactment; or
    1. is unreasonable or undesirable to the extent that it relates to or may affect traffic.

      1. On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.

      2. Any disallowance under subsection (1) takes effect either on the day after the notice of disallowance is published under the Legislation Act 2019 (see subsection (4)) or on a later date that may be specified in the notice.

      3. A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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      Notes