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New Zealand law explained for everyone

Civil Aviation Act 2023

Preliminary provisions - Application of civil aviation legislation

9: Application of civil aviation legislation

You could also call this:

"Rules for aviation in New Zealand and overseas"

Illustration for Civil Aviation Act 2023

The law about civil aviation applies to you if you are in New Zealand and you are involved with aircraft, aerodromes, or aviation-related services. It also applies to New Zealand registered aircraft, no matter where they are in the world. If you have a document that lets you fly or work with aircraft, the law applies to you when you are outside New Zealand and using that document. The law also applies to foreign registered aircraft that are flying in New Zealand.

If you are flying a New Zealand registered aircraft over the ocean, you must follow the international rules of the air. If you have a document that lets you fly or work with aircraft and you break the law while you are outside New Zealand, you can still be charged with an offence in New Zealand. However, this does not apply if you were following the laws of another country.

The Minister can make agreements with other countries about who is responsible for making sure the laws are followed. This means the Minister can decide that another country is responsible for a New Zealand registered aircraft that is being operated by someone from that country. The Minister can also decide that New Zealand is responsible for a foreign registered aircraft that is being operated by someone from New Zealand. You can read more about this in section 367 and subpart 20 of Part 9.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49503.

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Part 1Preliminary provisions
Application of civil aviation legislation

9Application of civil aviation legislation

  1. Except as provided in section 367 and subpart 20 of Part 9, civil aviation legislation applies to the following:

  2. every person, aircraft, aerodrome, aeronautical product, and aviation-related service in New Zealand:
    1. every New Zealand registered aircraft whether within or outside New Zealand:
      1. every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document:
        1. every foreign registered aircraft operating in New Zealand.

          1. Despite subsection (1), the Minister, acting on the recommendation of the CAA or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,—

          2. transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the CAA or the Director has under civil aviation legislation:
            1. vest in the CAA or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under civil aviation legislation:
              1. grant exemptions from civil aviation legislation, relevant to any exercise of the Minister’s powers under this subsection.

                1. Every New Zealand registered aircraft must, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.

                2. A holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand—

                3. is deemed to commit an offence under this Act; and
                  1. may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.

                    1. Subsection (4) does not apply if the act or omission is required in order to comply with the laws of any foreign State.

                    2. Nothing in this section requires a person or aircraft to breach or be operated in breach of a law of a foreign State that applies to or in respect of the person or aircraft.

                    3. Nothing in this Act limits the privileges or immunities of—

                    4. any foreign military aircraft; or
                      1. the officers and crew of any foreign military aircraft.

                        Compare
                        • 1990 No 98 s 4