Civil Aviation Act 2023

Rules - General provisions

72: Criteria that Minister and Director must have regard to before making rules or emergency rules

You could also call this:

"What the Minister and Director must think about before making aviation rules"

When the Minister and Director make rules or emergency rules, they must think about some important things. They have to consider the main goals of the Civil Aviation Act, which are to keep people safe while flying. They also have to think about what the International Civil Aviation Organization recommends for aviation safety and security.

The Minister and Director must look at how risky an activity or service is to aviation safety, and what kind of activity or service it is. They have to think about the risks to aviation safety and security in New Zealand, and how to keep people safe.

They must consider the costs of putting new rules in place, and what is happening internationally with aviation safety and security. The Minister and Director can also think about any other matters they believe are important in the situation, as mentioned in sections 61(2)(c), 63(2)(c), and 69(2)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50090.


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Part 3Rules
General provisions

72Criteria that Minister and Director must have regard to before making rules or emergency rules

  1. The criteria referred to in sections 61(2)(c), 63(2)(c), and 69(2)(b) are—

  2. the main and additional purposes of this Act:
    1. the recommended practices of ICAO relating to aviation safety and security:
      1. the level of risk existing to aviation safety in each proposed activity or service:
        1. the nature of the activity or service for which the rule is being established:
          1. the level of risk existing to aviation safety and security in New Zealand in general:
            1. the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
              1. the costs of implementing measures for which the rule is being proposed:
                1. the international circumstances in respect of—
                  1. aviation safety and security; and
                    1. mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:
                    2. any other matters that the Minister or, as the case may be, the Director considers appropriate in the circumstances.
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