Civil Aviation Act 2023

Rules - Emergency rules made by Director - Power of Director to make emergency rules

67: Power of Director to make emergency rules

You could also call this:

"The Director can make special emergency rules to keep people safe and prevent damage."

The Director can make emergency rules if they think it's necessary to stop someone from getting seriously hurt or to prevent damage to property. They can do this in accordance with section 69. The Director can only make these rules if it's not possible for the Minister to make rules to fix the problem.

The Minister can cancel any emergency rules made by the Director, and they must let people know about the cancellation. Emergency rules and cancellations are considered secondary legislation, which is explained in Part 3 of the Legislation Act 2019.

If an emergency rule or cancellation doesn't need to be published, the Director must give a copy to the people they think need to know. In this case, the rule or cancellation only applies to the people who receive a copy, and it starts applying as soon as they get it. The Director can give people a copy 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=LMS50086.


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Part 3Rules
Emergency rules made by Director: Power of Director to make emergency rules

67Power of Director to make emergency rules

  1. Subject to subsection (2), the Director may, in accordance with section 69, make any emergency rules that the Director considers may be necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property.

  2. The Director must not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make rules to effectively alleviate or minimise the risk concerned.

  3. The Minister may revoke any emergency rule made under subsection (1), and the revocation must be notified as if it were an emergency rule.

  4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

  5. emergency rules under subsection (1):
    1. a revocation under subsection (3).
      1. If, under the Legislation Act 2019, an emergency rule or a revocation is not required to be published, the Director must serve a copy of it on the persons (if any) whom the Director considers appropriate.

      2. If subsection (5) applies to an emergency rule or revocation,—

      3. it has effect only in relation to a person on whom it is served under subsection (5); and
        1. it 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 (5) may be effected in any way the Director considers appropriate.

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