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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Exemptions from compliance with regulations and rules

323: General provisions relating to exemptions

You could also call this:

"Rules for when someone doesn't have to follow the usual aviation laws"

Illustration for Civil Aviation Act 2023

When you get an exemption under section 322, this section applies to you. The Director can grant an exemption with any terms and conditions they think are suitable. You will know when your exemption starts and ends, as it will be specified in the exemption notice.

The Director must follow some rules when granting exemptions, especially those under section 322(1)(b). For example, the exemption cannot start before it is published under the Legislation Act 2019.

If you break a term or condition of your exemption, you will be breaking the relevant rule or regulation, unless your exemption says otherwise. Your exemption can be replaced before it expires, and it will expire after a certain date or after five years, whichever comes first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS473191.

Topics:
Transport and travel > Air travel
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322: Director may grant exemptions from compliance with regulations and rules, or

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Part 9Monitoring, investigation, and enforcement
Exemptions from compliance with regulations and rules

323General provisions relating to exemptions

  1. This section applies to exemptions under section 322.

  2. The Director may grant an exemption on any terms and conditions that the Director thinks fit.

  3. An exemption—

  4. takes effect on the date specified in the exemption (which, for an exemption under section 322(1)(b), must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019); and
    1. expires on the earlier of the following to occur unless it is sooner replaced or revoked:
      1. an expiry date specified in the notice:
        1. the close of the day that is 5 years after the date on which it took effect.

        2. A breach of a term or condition of an exemption is a breach of the relevant provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise).

        3. An exemption may be replaced before or when it expires.