Plain language law

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Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - General offences and liability provisions

44: Nuisance and trespass

You could also call this:

"Aircraft can fly over your property and make noise if they follow the rules"

Illustration for Civil Aviation Act 2023

If you own property, you might wonder if you can stop aircraft from flying over it. You cannot take action against someone for nuisance or trespass just because an aircraft flies over your property at a reasonable height. The height is considered reasonable if it takes into account the wind, weather, and other circumstances, and the aircraft is following the rules of the Civil Aviation Act 2023.

If you live near an aerodrome, you might be bothered by the noise or vibration from aircraft or their engines. You cannot take action for nuisance if the noise or vibration is allowed under the rules and the rules are being followed. This means that as long as the aerodrome is following the rules, you cannot sue them for the noise or vibration caused by the aircraft.

You can find more information about similar rules in the 1990 No 98 s 97(1), (2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50153.

Topics:
Transport and travel > Air travel
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Part 2Functions, powers, and duties of participants in civil aviation system
General offences and liability provisions

44Nuisance and trespass

  1. No action lies in respect of nuisance or trespass, by reason only of the flight of aircraft over any property at a height above the ground that, having regard to wind, weather, and all the circumstances of the case, is reasonable, as long as the provisions of this Act and of the rules are complied with.

  2. No action for nuisance may be brought in respect of the noise or vibration caused by aircraft or aircraft engines on an aerodrome if the noise or vibration is of a kind specified in the rules, as long as the provisions of the rules are complied with.

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