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Civil Aviation Act 2023

International and domestic carriage of passengers and goods by air - International carriage by air

268: Power to exclude aircraft in use for military purposes

You could also call this:

"The Governor-General can decide if some rules apply to military aircraft."

The Governor-General can make a special order that affects New Zealand or another country. This order can say whether or not some rules apply to the carriage of people, cargo, and baggage for military purposes. You need to know that these rules are from the Montreal Convention or the amended Convention.

If the Governor-General makes this order, it means the rules do not apply if the military of a certain country is using an aircraft registered in that country, and the whole aircraft is reserved for the military. The Governor-General can also cancel this order at any time. When the Governor-General makes this order, it is called secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

The Governor-General's order is an important decision that can affect how military aircraft are used. You can find more information about how these orders are made and what they mean. The rules about secondary legislation are explained in more detail in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49940.

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Part 8International and domestic carriage of passengers and goods by air
International carriage by air

268Power to exclude aircraft in use for military purposes

  1. The Governor-General may, by Order in Council, direct that subsection (2) applies or ceases to apply to New Zealand or any other State specified in the order.

  2. The Montreal Convention or the amended Convention does not apply to the carriage of persons, cargo, and baggage for the military authorities of a State to which this subsection applies if—

  3. the carriage is undertaken in aircraft registered in that State; and
    1. the whole capacity of the aircraft has been reserved by, or on behalf of, those authorities.

      1. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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