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Civil Aviation Act 2023

Rules - Rules made by Minister or Governor-General - Power of Minister to make rules

52: Power of Minister to make rules

You could also call this:

"The Minister can create rules to keep people safe while flying and following international laws."

Illustration for Civil Aviation Act 2023

The Minister can make rules about civil aviation for several reasons, including keeping people safe and secure, and making sure New Zealand follows international rules. You can think of these rules like a set of instructions that help keep everyone safe when it comes to flying. The Minister has the power to make these rules, and they can be about many different things, like the safety of airports and airplanes.

The Minister's power to make rules is not limited by other parts of the law, like sections 53 to 60. When the Minister makes a rule, it is called secondary legislation, which means it is a type of law that is made under another law, and you can learn more about this in Part 3 of the Legislation Act 2019.

If a rule does not need to be published, the Minister must give a copy of it to the people who need to know about it. This rule will only apply to the people who receive a copy, and it will start to apply as soon as they get it, even if it is not published for everyone to see. The Minister can decide how to give people a copy of the rule, as long as they think it is a good way to do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50073.

Topics:
Transport and travel > Air travel
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Part 3Rules
Rules made by Minister or Governor-General: Power of Minister to make rules

52Power of Minister to make rules

  1. The Minister may make rules relating to civil aviation for all or any of the following purposes:

  2. regulating aviation participants, aircraft, aeronautical products, and aviation places, and people and things carried, or to be carried, in aircraft:
    1. regulating people, activities, and things in relation to the safety and security of civil aviation:
      1. regulating the effect or potential effect of civil aviation on people, activities, and things:
        1. providing for the implementation of New Zealand’s obligations under the Convention:
          1. providing for anything this Act says may or must be provided for by rules:
            1. providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.

              1. Nothing in sections 53 to 60 limits the power under this section.

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

              3. If, under the Legislation Act 2019, a rule is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.

              4. A rule to which subsection (4) applies—

              5. has effect only in relation to a person on whom it is served under subsection (4); and
                1. comes into force in relation to the person immediately after it is served on the person (even though it is not published).

                  1. Service under subsection (4) may be effected in any way the Minister considers appropriate.

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                  Notes