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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of entry of Airways

338: Powers of entry of Airways

You could also call this:

"Airways can enter land to check or fix their equipment, but they must follow rules and give notice."

Illustration for Civil Aviation Act 2023

Airways can enter land to get to their equipment. They can do things to check, fix, or maintain this equipment. You need to know that Airways can only enter land if they have a good reason to do so. They must follow certain rules when entering land, like giving notice and showing who they are.

Airways must give you reasonable notice before entering your land. They have to tell you when they plan to enter, and they must do it at a reasonable time. You can check how they give notice by looking at Part 10 of Te Ture Whenua Maori Act 1993.

If it's an emergency, Airways can enter land without notice. They can do this if someone's life or property is in danger. Airways can also keep their equipment on your land until they decide to remove it.

Just because Airways has equipment on your land, it doesn't mean you own that equipment. Only Airways has control over their equipment, even if it's on your property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50151.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
Powers of entry of Airways

338Powers of entry of Airways

  1. Airways may—

  2. enter onto any land for the purpose of gaining access to equipment; and
    1. perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing equipment.

      1. The power to enter onto land conferred by subsection (1) is subject to the following conditions:

      2. entry may be made only—
        1. by an officer, employee, or agent of Airways authorised by Airways in writing; or
          1. by persons under the immediate control of an officer, employee, or agent of Airways authorised by Airways in writing:
          2. reasonable notice of the intention to enter must be given:
            1. notice must be given in accordance with Part 10 of Te Ture Whenua Maori Act 1993 in the circumstances set out in that Part:
              1. entry may be made only at reasonable times:
                1. the officer, employee, or agent must carry and produce on initial entry, and subsequently if required to do so, evidence of the person’s identity and authority.

                  1. Subsection (2) does not apply if the entry is necessary in circumstances of probable danger to life or property.

                  2. Any equipment owned by Airways that is fixed to, or installed over or under, the land and is not owned by Airways—

                  3. is taken to be lawfully fixed or installed; and
                    1. must continue to be fixed or installed until Airways otherwise decides.

                      1. No person other than Airways has any interest in any equipment referred to in subsection (4) by reason only of having an interest in the land.

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