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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Regulations - Fees and charges

415: Regulations relating to fees and charges

You could also call this:

"Rules about paying for airport services and other aviation fees"

The Governor-General can make rules about fees and charges for things like maintaining airports and providing services. You will have to pay these fees and charges when you use these services. The rules can say who has to pay the fees and charges, and when they have to be paid.

The Minister can also fix fees and charges by giving a notice, and the rules can say how this is done. The rules can also say that you have to pay extra fees if you use services outside normal working hours. You can find more information about how these rules are made in the Legislation Act 2019.

The rules can also say that you can get a refund or not have to pay a fee in some cases. The Governor-General's rules do not affect what is said in section 407 or the Airports (Cost Recovery for Processing of International Travellers) Act 2014. If you want to know more about how the Minister's notices are published, you can look at Part 3 of 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=LMS50053.

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Part 10Regulations and miscellaneous provisions
Regulations: Fees and charges

415Regulations relating to fees and charges

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes:

  2. to provide funds to establish, maintain, and operate works, facilities, and services under this Act:
    1. to pay the costs and expenses that the Secretary or the CAA or any of their employees incur in exercising functions, powers, and duties, and in providing services, under this Act:
      1. to reimburse the Secretary and the reviewer for costs directly and indirectly associated with the reviewer’s functions under subpart 5 of Part 10:
        1. to reimburse the CAA and the convener for costs directly and indirectly associated with the Director’s functions and the convener’s functions relating to medical certification under Schedule 2:
          1. generally for the purposes of civil aviation.

            1. Without limiting subsection (1), the regulations may authorise the Minister to, by notice, fix fees and charges in respect of any matter specified in the regulations.

            2. Different rates of fees and charges may be prescribed or fixed in respect of different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or on the basis of different times of use, or on any other differential basis.

            3. The regulations may—

            4. specify the persons by whom and to whom any fees or charges are payable:
              1. prescribe, or provide for the payment of, penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays:
                1. prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses:
                  1. require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns:
                    1. provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases.

                      1. The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter.

                      2. This section does not limit section 407.

                      3. Neither this section nor section 407 authorises the making of regulations prescribing charges in relation to traveller processing to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.

                      4. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      5. If the regulations authorise the Minister to fix fees and charges as set out in subsection (2),—

                      6. a notice given by the Minister is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                        1. the regulations must contain a statement to that effect.

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                          Notes
                          • Section 415(9)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).