5Interpretation

1. In this Act, unless the context otherwise requires,—

   accident has the meaning given to it in section 6

   accounting period, in Part 7, has the meaning given to it in section 218

   accredited medical conclusion, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   accredited verification body, in subpart 3 of Part 6, has the meaning given to it in section 205

   actual carrier, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   Additional Protocol, in subpart 2 of Part 8, has the meaning given to it in section 254

   Additional Protocol No 1, in subpart 2 of Part 8, has the meaning given to it in section 254

   Additional Protocol No 2, in subpart 2 of Part 8, has the meaning given to it in section 254

   aerodrome—

   1. means any defined area of land or water intended or designed to be used, either wholly or partly, for the landing, departure, or surface movement of aircraft; and
   2. includes any other areas, buildings, installations, and equipment that are on or adjacent to an area mentioned in paragraph (a) and that are used in connection with that area or its administration; and
   3. where an airport operator is registered in respect of the aerodrome, includes any area included under section 222(3)(b) or 223

   aerodrome control service means an air traffic control service provided for the control of aerodrome traffic

   aerodrome flight information service means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights in the vicinity of an aerodrome

   aerodrome traffic means—

   1. all traffic in the manoeuvring area of an aerodrome; and
   2. all aircraft flying in the vicinity of an aerodrome

   aerodrome traffic circuit means the pattern flown by aircraft operating in the vicinity of an aerodrome

   aeronautical product means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft, including fuel and other similar consumable items necessary for the operation of the aircraft

   air service means an air transport service, whether regular or casual

   air traffic means all aircraft in flight or operating on any manoeuvring area of an aerodrome

   air traffic control service—

   1. means a service provided for the purposes of—
      1. preventing collisions between aircraft and between aircraft and obstructions on any manoeuvring area; and
      2. expediting and maintaining a safe and efficient flow of air traffic; and
   2. includes—
      1. an aerodrome control service:
      2. an area control service:
      3. an approach control service

   air traffic service includes—

   1. a flight information service:
   2. an aerodrome flight information service:
   3. an alerting service:
   4. an air traffic control service

   aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

   aircraft flying in the vicinity of an aerodrome means any aircraft that is in, entering, or leaving an aerodrome traffic circuit

   Aircraft Protocol, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   airport means an aerodrome covered by a registration issued under section 222

   airport operator means an aerodrome operator registered under section 222

   airside security area means an area that the Director has declared to be an airside security area under section 121

   Airways means Airways Corporation of New Zealand Limited, or any subsidiary of, or successor to, that company

   alerting service means an air traffic service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required

   amended Convention, in subpart 2 of Part 8, has the meaning given to it in section 254

   ANZA means Australia New Zealand Aviation

   ANZA mutual recognition agreements means the agreements or arrangements specified in regulations made under section 407(1)(i)

   AOC means air operator’s certificate

   applicant, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   approach control service means an air traffic control service for arriving or departing controlled flights

   area control service means an air traffic control service provided for controlled flights in controlled airspace

   attributed flight, in subpart 3 of Part 6, has the meaning given to it in section 205(1)

   Australia means the Commonwealth of Australia and, when used in a geographical sense, includes any external territory of Australia

   Australian AOC with ANZA privileges has the same meaning as in section 3 of the Civil Aviation Act 1988 (Aust), and Australian Air Operator’s Certificate with ANZA privileges has a corresponding meaning

   Australian temporary stop notice has the same meaning as in section 3 of the Civil Aviation Act 1988 (Aust)

   authorised aviation security service provider means AvSec and any person referred to in section 134(b) or (c) who provides aviation security services in accordance with section 136

   authorised security person, in relation to a security designated aerodrome or security designated navigation installation, means an aviation security officer or a person authorised by the Director or the operator of the aerodrome or installation

   aviation document means any licence, permit, certificate, or other document issued under subpart 1 or 2 of Part 4 to or in respect of any person, aircraft, aerodrome, aeronautical product, or aviation-related service

   aviation examiner, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   aviation participant—

   1. means a person who—
      1. operates, maintains, services, or does any other act in respect of an aircraft, aerodrome, or aeronautical product; or
      2. provides an aviation-related service; and
   2. includes (without limitation)—
      1. aircraft pilots:
      2. flight crew members:
      3. air traffic service personnel:
      4. aviation security personnel:
      5. aviation examiners and medical examiners:
      6. aerodrome operators:
      7. aircraft engineers; and
   3. includes a person referred to in section 37(1); and
   4. includes the holder of an Australian AOC with ANZA privileges

   aviation place has the meaning given to it in section 7

   aviation-related service—

   1. means any equipment, facility, or service operated in support of or in conjunction with the civil aviation system, including—
      1. air services:
      2. air traffic services:
      3. aviation security services:
      4. aviation meteorological services:
      5. aviation communication services:
      6. navigation installation providers:
      7. aviation training organisations:
      8. aircraft design, manufacture, and maintenance organisations:
      9. the provision of aeronautical products:
      10. aeronautical procedures:
   2. excludes any service of TAIC

   aviation security dog means a dog or other animal that is being used, or is intended for use, by an aviation security officer

   aviation security officer means—

   1. a person for the time being employed as such by the CAA in AvSec:
   2. subject to section 140(2), a person designated as an aviation security officer under section 140(1):
   3. when section 164 applies, a member of the Armed Forces

   aviation security services means,—

   1. in relation to AvSec, the functions and duties referred to in section 138(1)(a) to (g); and
   2. in relation to any other person, the functions and duties given to them under section 136(2)

   AvSec means the Aviation Security Service provided under section 23(d)

   bodily sample, in subpart 6 of Part 4, has the meaning given to it in section 113

   CAA means the Civil Aviation Authority of New Zealand continued by section 20

   capacity, in subparts 1 and 2 of Part 6, has the meaning given to it in section 174

   Cape Town Convention, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   carrier, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   CASA means—

   1. the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust); and
   2. any successor of that authority

   civil aviation legislation means—

   1. this Act; and
   2. any secondary legislation made under this Act; and
   3. in the case of a person holding an Australian AOC with ANZA privileges, the Civil Aviation Act 1988 (Aust) and regulations or orders made under that Act

   Civil Aviation Records means the records maintained under section 38

   class 1 non-scheduled commercial international flight, in subpart 1 of Part 6, has the meaning given to it in section 174

   class 2 non-scheduled commercial international flight, in subpart 1 of Part 6, has the meaning given to it in section 174

   contract, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   contracting carrier, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   Contracting State, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   controlled airspace means an airspace of defined dimensions within which an air traffic control service is provided in accordance with airspace classification

   controlled flight means any flight that is subject to an air traffic control clearance under the rules

   convener, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   Convention means the Convention on International Civil Aviation done at Chicago on 7 December 1944, and includes the Annexes to the Convention, which contain the International Standards and Recommended Practices adopted or amended by the Council of the International Civil Aviation Organization in accordance with Articles 54, 37, and 90 of the Convention

   court,—

   1. in subpart 2 of Part 8, has the meaning given to it in section 254:
   2. in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   DAMP has the meaning given to it in section 113

   DAMP operator has the meaning given to it in section 113

   dangerous goods means articles or substances that are capable of posing a risk to health, safety, property, or the environment and—

   1. are listed in, or classified in accordance with, the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air; or
   2. have properties that would result in the articles or substances being classified as dangerous goods under the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air

   declaration, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   deputy convener, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   deregistration request, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   details, in subpart 20 of Part 9, has the meaning given to it in section 387

   Director means the person who is for the time being the Director of Civil Aviation under section 31

   Director testing, in subpart 6 of Part 4, has the meaning given to it in section 113

   drug or alcohol test, in subpart 6 of Part 4, has the meaning given to it in section 113

   eligible New Zealand operator, in subpart 3 of Part 6 and section 409, has the meaning given to it in section 205(2)

   eligible unit, in subpart 3 of Part 6, has the meaning given to it in section 205(1)

   engagement charter means an engagement charter prepared and made available to the public under section 28

   excluded flight, in subpart 3 of Part 6, has the meaning given to it in section 205(1)

   flight data recorder, in subpart 10 of Part 9, has the meaning given to it in section 342

   flight information service means an air traffic service provided for the purpose of giving advice and information intended for the safe and efficient conduct of flights

   foreign international airline, in subpart 1 of Part 6, has the meaning given to it in section 174

   Guadalajara Convention, in subpart 2 of Part 8, has the meaning given to it in section 254

   Hague Protocol, in subpart 2 of Part 8, has the meaning given to it in section 254

   health professional means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

   High Contracting Party, in subpart 2 of Part 8, has the meaning given to it in section 254

   holder, in relation to any aviation document, includes any person lawfully entitled to exercise privileges in respect of that document

   ICAO means the International Civil Aviation Organization established under the Convention, and includes any successor to the Organization

   identified aerodrome activity, in Part 7 and section 411, has the meaning given to it in section 218

   incident means any occurrence, other than an accident, that is associated with the operation of an aircraft and affects, or could affect, the safety of operation

   infringement fee, in relation to an infringement offence, means the infringement fee specified in this Act for the offence or prescribed in regulations

   infringement offence means—

   1. an offence specified as an infringement offence in regulations; or
   2. an offence identified in this Act as an infringement offence

   inspector means a person appointed under section 331

   Inspector-General of Intelligence and Security means the person holding office under section 157 of the Intelligence and Security Act 2017

   international airport means any airport designated as an airport of entry and departure for international air traffic where customs, immigration, public health, animal and plant quarantine, and similar procedures are carried outinternational carriage by air, in subpart 2 of Part 6, has the meaning given to it in section 194

   issuing officer has the same meaning as in section 3(1) of the Search and Surveillance Act 2012

   joint venture aerodrome, in Part 7 and Schedule 3, has the meaning given to it in section 218

   judicial officer means a District Court Judge, a Justice, a Community Magistrate, or a court Registrar (other than a constable)

   landside security area means an area that the Minister has declared to be a landside security area under section 125

   law enforcement action, in subpart 9 of Part 9, has the meaning given to it in section 339(1)

   lease, in Part 7, has the meaning given to it in section 218

   licence holder, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   licensee, in subpart 1 of Part 6, has the meaning given to it in section 174

   licensing authority, in subpart 1 of Part 6, has the meaning given to it in section 174

   local authority has the meaning given to it in section 5(1) of the Local Government Act 2002

   manoeuvring area—

   1. means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but
   2. does not include areas set aside for loading, unloading, or maintenance of aircraft

   medical certificate means a medical certificate—

   1. issued by the Director under Schedule 2 to an applicant or licence holder; or
   2. recognised by the Director under the rules

   medical examiner means a medical examiner designated under clause 29(1) of Schedule 2

   medical practitioner means—

   1. a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; or
   2. a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

   Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   Montreal Convention, in subpart 2 of Part 8, has the meaning given to it in section 254

   navigation installation—

   1. means any building, facility, work, apparatus, equipment, or place (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and
   2. includes any land adjacent to, and used in connection with, that building, facility, work, apparatus, equipment, or place

   negative result, in subpart 6 of Part 4, has the meaning given to it in section 113

   new entrant has the meaning given to it in section 205(3)

   New Zealand AOC with ANZA privileges means an authorisation granted under section 91

   New Zealand international airline, in subpart 1 of Part 6, has the meaning given to it in section 174

   New Zealand Register of Aircraft means the register of that name that is maintained under section 36

   New Zealand registered aircraft means any aircraft that is for the time being registered under section 37

   New Zealand temporary stop notice means a notice given under section 87(1)

   non-scheduled commercial international flight, in subpart 1 of Part 6, has the meaning given to it in section 174

   notified incident, in subpart 9 of Part 9, has the meaning given to it in section 339(1)

   officer has the meaning given to it in section 8

   operate, in relation to an aircraft, means to fly or use the aircraft, or to cause or permit the aircraft to fly, be used, or be in any place, whether or not the operator is present with the aircraft

   operator,—

   1. in relation to an aircraft, means a person who causes or permits the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft:
   2. in relation to an aerodrome, means the person who holds the aviation document for operating the aerodrome or, if there is no such person, the person who operates the aerodrome

   owner, in relation to any aircraft, includes any person lawfully entitled to the possession of the aircraft for 28 days or longer

   passenger, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   pat down search, in subpart 2 of Part 5, has the meaning given to it in section 133

   person authorised by the Director,—

   1. in subpart 16 of Part 9, has the meaning given to it in section 369; and
   2. in subpart 20 of Part 9, has the meaning given to it in section 387

   pilot-in-command, in relation to an aircraft,—

   1. means the pilot on board the aircraft who is responsible for the operation and safety of the aircraft; and
   2. in the absence of a pilot on board the aircraft, means the person who the rules specify as responsible for the operation and safety of the aircraft in accordance with the rules; and
   3. in all other circumstances,—
      1. means an individual nominated by the operator to be responsible for the operation and safety of the aircraft; and
      2. if no individual is nominated by the operator, means the operator

   prescribed means prescribed by this Act or by secondary legislation made under this Act

   privileges to which a medical certificate relates, in Schedule 2, has the meaning given to it in clause 1(3) of Schedule 2

   Protocol No 4, in subpart 2 of Part 8, has the meaning given to it in section 254

   qualifying person, in subpart 9 of Part 9, has the meaning given to it in section 339(2)

   random testing, in subpart 6 of Part 4, has the meaning given to it in section 113

   regulations means regulations made under this Act

   relevant government agency, in Part 7, has the meaning given to it in section 218

   relevant item or substance, in subpart 2 of Part 5, has the meaning given to it in section 133

   removal request, in subpart 4 of Part 10, has the meaning given to it in section 433(1)

   reporting period, in subpart 3 of Part 6, has the meaning given to it in section 205(1)

   response officer means a person appointed under section 332

   response plan, in subpart 6 of Part 4, has the meaning given to it in section 113

   restricted scheduled international air service, in subpart 1 of Part 6, has the meaning given to it in section 174

   rules means rules made by the Minister or Governor-General, and emergency rules made by the Director, under Part 3

   safety-sensitive activity, in subpart 6 of Part 4, has the meaning given to it in section 113

   safety-sensitive worker, in subpart 6 of Part 4, has the meaning given to it in section 113

   scheduled international air service, in subpart 1 of Part 6, has the meaning given to it in section 174

   Secretary means the chief executive of the Ministry

   security area has the meaning given to it in section 133

   security designated aerodrome means an aerodrome for the time being designated under section 120(1)(a) or (b)

   security designated navigation installation means a navigation installation for the time being designated as a security designated navigation installation under section 120(1)(c)

   security enhanced area means an area that the Director has declared to be a security enhanced area under section 121(2)

   seventh freedom service, in subpart 1 of Part 6, has the meaning given to it in section 174

   space requirement, in Part 7, has the meaning given to it in section 218

   specified examination, in Schedule 2, has the meaning given to it in clause 1(1) of Schedule 2

   State services has the same meaning as in section 5 of the Public Service Act 2020

   sterile area, in subpart 2 of Part 5, has the meaning given to it in section 133

   substantial customer, in Part 7, has the meaning given to it in section 219

   successive carrier, in subpart 3 of Part 8, has the meaning given to it in section 269(1)

   TAIC means the Transport Accident Investigation Commission established under the Transport Accident Investigation Commission Act 1990

   tariff, in subpart 2 of Part 6, has the meaning given to it in section 194

   testable drug, in subpart 6 of Part 4, has the meaning given to it in section 113

   thing, in subpart 2 of Part 5, has the meaning given to it in section 133

   unruly passenger offence—

   1. means an offence against subpart 20 of Part 9; and
   2. includes an offence to which section 391 applies

   Warsaw Convention, in subpart 2 of Part 8, has the meaning given to it in section 254.