Part 3Rules
Rules made by Minister or Governor-General: Power of Governor-General to make rules
63Governor-General may make rules
Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke a rule for any of the purposes for which the Minister may make, amend, or revoke a rule under this Part.
Before making a recommendation under subsection (1), the Minister must—
- 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
- be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
- have regard to, and give the weight that the Minister considers appropriate in each case to, the criteria specified in section 72.
The Minister may amend or revoke a rule or an amendment to a rule made by Order in Council under subsection (1) as if the Minister had made the rule or the amendment to the rule under this Part.
An order made under this section—
- is secondary legislation; and
- must be published as part of the rules as if the Minister had made the rule or the amendment to the rule.
An order made under this section—
- is not required to be drafted by the PCO under section 67(d)(i) of the Legislation Act 2019; but
- may be drafted by the PCO under an agreement under section 67(d)(iii) of that Act, and in that case, must be published as required by subsection (4)(b) despite section 69(1)(c) of the Legislation Act 2019.
If, under the Legislation Act 2019, the order is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.
An order to which subsection (6) applies—
- has effect only in relation to a person on whom it is served under subsection (6); and
- comes into force in relation to the person immediately after it is served on the person (even though it is not published).
Service under subsection (6) may be effected in any way the Minister considers appropriate.
Compare
- 1990 No 98 s 34A