Civil Aviation Act 2023

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

61: Procedure for making rules

You could also call this:

"How the Minister makes new aviation rules to keep New Zealand safe and fair"

When the Minister wants to make a new rule, they must do a few things first. They have to tell people about the new rule they want to make and say what it is supposed to achieve. The Minister also has to talk to groups of people in the aviation industry and others to get their thoughts.

The Minister must make sure the new rule will help New Zealand follow international aviation safety and security standards, as much as possible. They also have to check that the rule does not go against New Zealand's international obligations. The Minister has to think about the criteria listed in section 72 when making the rule and give it the weight they think is appropriate.

The Minister has to consider all these things before they can make a new rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50091.


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Part 3Rules
Rules made by Minister or Governor-General: Power of Minister to make rules

61Procedure for making rules

  1. Before making a rule, the Minister must, as the Minister in each case considers appropriate,—

  2. publish a notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and
    1. consult representative groups within the aviation industry or elsewhere, and any other persons.
      1. Before making a rule, the Minister must—

      2. be satisfied that the rule will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
        1. be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
          1. have regard to, and give the weight that the Minister considers appropriate in each case, to the criteria specified in section 72.
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