Civil Aviation Act 2023

International aviation - International air services licensing

174: Interpretation in this Part

You could also call this:

"What special words mean in this part of the law about international air services"

Illustration for Civil Aviation Act 2023

When you read this part of the law, some words have special meanings. The word "capacity" refers to what a scheduled international air service can provide on a route, like the number of aircraft or seats. It can also mean the volume or weight of cargo the service can carry.

You will see the term "class 1 non-scheduled commercial international flight" which means a non-scheduled flight that needs a special certificate. A "class 2 non-scheduled commercial international flight" is a non-scheduled flight that does not need this certificate.

The law also talks about a "foreign international airline" which is an airline from another country that operates or wants to operate scheduled international air services. A "licensee" is someone who holds a licence to operate these services. The "licensing authority" is the Minister or the Secretary who decides who gets a licence, as determined under section 178.

A "New Zealand international airline" is an airline that is allowed to operate air services as a New Zealand airline under an agreement with another country. A "non-scheduled commercial international flight" is a flight that carries passengers, cargo, or mail for money, but is not a scheduled service.

You might also see the term "restricted scheduled international air service" which means a scheduled service with restrictions on its route or capacity. A "scheduled international air service" is a service that operates on a regular schedule, and can include a "seventh freedom service" which is a series of flights between two countries, neither of which is New Zealand.

The law explains what all these terms mean so you can understand how international air services work in New Zealand. The terms are used to describe different types of air services and how they are operated. This helps you know what to expect from different airlines and services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49840.


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Part 6International aviation
International air services licensing

174Interpretation in this Part

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

    capacity, in relation to a scheduled international air service, means the service provided on a route or routes with reference to 1 or more of the following:

    1. number of aircraft:
      1. types of aircraft:
        1. number of seats:
          1. volume or weight of cargo:
            1. any other differential basis

              class 1 non-scheduled commercial international flight means a non-scheduled commercial international flight (or a series of flights) where the flight routing or frequency requires or would require the operator to hold a certificate under the rules

                class 2 non-scheduled commercial international flight means a non-scheduled commercial international flight (or a series of flights) where the flight routing or frequency does not require or would not require the operator to hold a certificate under the rules

                  foreign international airline means an air transport enterprise of a country or territory other than New Zealand that—

                  1. is offering or operating a scheduled international air service; or
                    1. intends to offer or operate a scheduled international air service

                      licensee means the holder for the time being of a licence issued under this Part

                        licensing authority, in relation to scheduled international air service licences, means the Minister or the Secretary, as determined under section 178

                          New Zealand international airline means an air transport enterprise that—

                          1. is designated, or seeking to be designated, as an airline that is entitled to offer air transport services as a New Zealand airline under an air services agreement (or similar arrangement) between New Zealand and any other country or territory; or
                            1. has its principal place of business in New Zealand and is operating, or seeking to operate, a scheduled international air service under the single aviation market arrangements set out in the air services agreement in force between New Zealand and Australia

                              non-scheduled commercial international flight means a flight (or a series of flights) that—

                              1. is offered otherwise than under an international air services licence; and
                                1. is engaged in the carriage of passengers, cargo, or mail for remuneration or hire between New Zealand and 1 or more points in any other country or territory

                                  restricted scheduled international air service means a scheduled international air service that is subject to any restriction in relation to capacity or route of flights that is stipulated in an air services agreement (or similar arrangement) between New Zealand and any other country or territory

                                    scheduled international air service,—

                                    1. if a particular series of flights has been determined under section 175 to be a scheduled international air service, includes that series of flights; and
                                      1. in relation to a New Zealand international airline, includes a seventh freedom service

                                        seventh freedom service means a series of flights between 1 or more points in 1 country or territory other than New Zealand and 1 or more points in another country or territory other than New Zealand, if—

                                        1. the airline is designated by New Zealand as a seventh freedom service under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and
                                          1. the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and
                                            1. the service is a scheduled service.

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