Civil Aviation Act 2023

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

63: Governor-General may make rules

You could also call this:

"The Governor-General can create rules to keep aviation safe and secure."

The Governor-General can make rules for aviation safety and security. You need to know the Minister recommends these rules to the Governor-General. The Minister must make sure the rules follow international standards and New Zealand's obligations.

The Minister checks the rules against criteria in section 72. The Minister can change or cancel rules made by the Governor-General. The Governor-General's rules are secondary legislation and must be published.

If a rule is not published, the Minister gives a copy to the people it affects. This rule only affects the people who get a copy and it starts immediately. The Minister can give the copy in any way they think is appropriate.

The Governor-General's rules can be drafted by the PCO under section 67(d)(iii) of the Legislation Act 2019. In this case, the rule must be published as required, despite section 69(1)(c) of the Legislation Act 2019. You can find more information about this in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50092.


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

63Governor-General may make rules

  1. 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.

  2. Before making a recommendation under subsection (1), the Minister must—

  3. 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.
        1. 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.

        2. An order made under this section—

        3. is secondary legislation; and
          1. must be published as part of the rules as if the Minister had made the rule or the amendment to the rule.
            1. An order made under this section—

            2. is not required to be drafted by the PCO under section 67(d)(i) of the Legislation Act 2019; but
              1. 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.
                1. 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.

                2. An order to which subsection (6) applies—

                3. has effect only in relation to a person on whom it is served under subsection (6); 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 (6) may be effected in any way the Minister considers appropriate.

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                    Notes