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Civil Aviation Act 2023

Rules - Rules made by Minister or Governor-General - Provisions concerning rules made by Minister or Governor-General

64: Provisions concerning rules made by Minister or Governor-General

You could also call this:

"Rules made by important people must be followed and are explained clearly so everyone knows what to do"

Illustration for Civil Aviation Act 2023

When the Minister or the Governor-General makes a rule under this part of the law, you need to follow certain guidelines. These guidelines are outlined in this section and in sections 65 and 66. A rule can apply to everyone or just to certain groups of people, like aircraft owners or aerodrome operators.

A rule can apply everywhere in New Zealand or just in certain areas. The Minister can delay putting a rule into effect until they decide to apply it by giving notice. Any rule can require someone to do something or approve something, and it can also give the Civil Aviation Authority or the Director power to make decisions.

To avoid confusion, the rules can say that the Civil Aviation Authority or the Director must talk to people before making a decision, or that they must tell the public about their decisions. If the Minister delays putting a rule into effect, they must follow the rules about publishing notices, which are explained in Part 3 of the Legislation Act 2019.

If the Minister does not have to publish the notice, they must give a copy to the people it affects. This notice only applies to the people who get a copy, and it starts applying as soon as they get it. The Minister can give the notice to people in any way they think is appropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50081.

Topics:
Transport and travel > Air travel
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Part 3Rules
Rules made by Minister or Governor-General: Provisions concerning rules made by Minister or Governor-General

64Provisions concerning rules made by Minister or Governor-General

  1. This section and sections 65 and 66 apply in respect of any rule made by the Minister or the Governor-General under this Part.

  2. A rule may apply generally or with respect to different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or with respect to the same class of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services in different circumstances.

  3. A rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.

  4. The commencement of a rule may be wholly suspended until it is applied by the Minister by notice.

  5. Any rule may, on any terms and conditions that are specified in the rule,—

  6. require or provide for a matter to be determined, undertaken, or approved by the CAA, the Director, or any other person; or
    1. empower the CAA, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.

      1. To avoid doubt, the terms and conditions specified in a rule may provide for—

      2. consultation to be undertaken before the exercise of any of the powers given to the CAA, the Director, or any other person by the rule; or
        1. public notice to be given of the exercise of any powers; or
          1. any other matter.

            1. A notice made under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            2. If, under the Legislation Act 2019, a notice made under subsection (4) is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.

            3. A notice to which subsection (8) applies—

            4. has effect only in relation to a person on whom it is served under subsection (8); 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 (8) may be effected in any way the Minister considers appropriate.

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                Notes