Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - Regulatory roles - Airways

35: Airways may be sole provider of certain airways services

You could also call this:

"The government can choose Airways as the only provider of some important air traffic services in New Zealand."

Illustration for Civil Aviation Act 2023

The Minister can decide that only Airways is allowed to provide certain aviation services in New Zealand. You can think of these services like helpers for planes in the air, and they include area control services, approach control services, and flight information services. The Minister will make this decision by putting a notice in the Gazette.

Before the Minister makes this decision, they have to think about the main goals of the Civil Aviation Act and talk to people who already provide these services. This is to make sure the decision is fair and makes sense. The Minister has to consider what is best for aviation in New Zealand.

There are some services that this rule does not apply to, like aerodrome control services and aerodrome flight information services. You can find more information about similar rules in the past by looking at the 1990 No 98 s 99 legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50159.


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"The Secretary's jobs and powers in controlling aviation in New Zealand"


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Part 2Functions, powers, and duties of participants in civil aviation system
Regulatory roles: Airways

35Airways may be sole provider of certain airways services

  1. The Minister may, by notice in the Gazette, specify that only Airways may provide any or all of the following aviation services in New Zealand:

  2. area control services:
    1. approach control services:
      1. flight information services.
        1. Before giving a notice under subsection (1),—

        2. the Minister must have regard to the main and additional purposes of this Act; and
          1. the Minister must consult with any person who already holds an aviation document entitling the person to provide all or any of the services specified in subsection (1)(a) to (c) to which the notice will apply.
            1. This section does not apply to aerodrome control services or aerodrome flight information services.

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