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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Australia New Zealand Aviation mutual recognition - New Zealand Air Operator’s Certificates with Australia New Zealand Aviation privileges

93: Change of country of certification

You could also call this:

"When the rules change for flying between Australia and New Zealand, the Director decides if you can still fly in both countries."

If you have a New Zealand Air Operator's Certificate with Australia New Zealand Aviation privileges, the Director might think you should operate in Australia instead of New Zealand. This could happen if the Director believes it would be safer for Australian and New Zealand aviation, but you can no longer follow all the rules in section 91(4). The Director will look at your situation and decide what to do.

The Director must talk to the Australian aviation authority and tell you what they think. They will explain why they think you can't follow the rules in section 91(4) and give you at least 90 days to respond. You can tell the Director why you disagree with their thoughts.

If the Director still thinks you should not have Australia New Zealand Aviation privileges, they can change your certificate or take away those privileges. The Director makes this decision to keep Australian and New Zealand aviation safe.

If the Director makes a decision about your privileges, you can appeal to the District Court under section 453.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49639.

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92: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges, or

"What happens when Australia stops a New Zealand airline from flying temporarily?"

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94: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA, or

"CAA staff can make some decisions about Australian airline certificates with New Zealand privileges."

Part 4Aviation documents, medical certification, and drug and alcohol testing
Australia New Zealand Aviation mutual recognition: New Zealand Air Operator’s Certificates with Australia New Zealand Aviation privileges

93Change of country of certification

  1. This section applies if the Director believes on reasonable grounds that—

  2. it would be in the interests of Australian and New Zealand civil aviation safety for the holder of a New Zealand AOC with ANZA privileges to conduct air operations in the Australian civil aviation system; but
    1. the holder is no longer able to comply with all the conditions specified in section 91(4).

      1. The Director must—

      2. consult with CASA; and
        1. notify the holder—
          1. that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 91(4); and
            1. of the grounds for the Director’s belief; and
            2. allow the holder at least 90 days from the date of the Director’s notification under paragraph (b) to refute and otherwise comment on the Director’s belief.

              1. If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may do either or both of the following:

              2. amend the New Zealand AOC with ANZA privileges:
                1. withdraw the privileges attaching to the AOC.

                  1. A person in respect of whom a decision is made under subsection (3) may appeal against the decision to the District Court under section 453.

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