Civil Aviation Act 2023

Revocations

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules to help change from the old aviation law to the new one"

The Civil Aviation Act 2023 has some special rules to help change from the old Act to the new one. You need to know what happens to things that were already happening under the old Act when the new Act starts. Some things will keep going as they were, and some things will change to follow the new Act.

The Minister can make some decisions before the new Act starts, and they will still be valid when it does start. Some rules and orders made under the old Act will still apply under the new Act. The Director can still make decisions about some things that were started under the old Act. Airworthiness directives issued under the old Act will still be valid under the new Act.

If you had a licence or certificate under the old Act, it will still be valid under the new Act. But you might need to follow some new rules or apply for a new licence or certificate. The new Act has some rules to protect safety information and make sure it is not used in court cases. It also has some rules about airport authorities and how they will change under the new Act.

The Act explains how some things will be treated under the new law, like aviation documents, medical certificates, and airport bylaws. It also explains what happens to some orders and regulations made under the old Act. You can find more information about these changes in the Act itself, or by looking at the specific sections mentioned, such as section 21, clause 8, or Schedule 2.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50201.

Topics:

Transport and travel > Air travelGovernment and voting > Government departments

489: Revocations, or

"Old aviation rules will be cancelled when the new Civil Aviation Act 2023 starts"

Schedule 2: Medical certificates, or

"Rules for getting a medical certificate to fly an aircraft safely"

1Transitional, savings, and related provisions Empowered by s 10

1Provisions relating to this Act as enacted

1Carbon offsetting and reduction scheme for international aviation (CORSIA)

1Interpretation

In this subpart, commencement date means the date on which subpart 3 of Part 6 comes into force.

2Transitional provision relating to emissions monitoring plan

This clause applies to a person if,—
on the commencement date, the person is an eligible New Zealand operator in relation to the calendar year in which the commencement date occurs; and
before the commencement date the person has entered into a memorandum of understanding with the Secretary regarding compliance with the requirements of Annex 16, Vol IV of the Convention.

The person must be treated as having an emissions monitoring plan approved (as at the commencement date) under section 207(6).

2Other transitional provisions

3Interpretation

In this subpart,—
commencement date means the date on which section 487 comes into force
former Act means the Civil Aviation Act 1990.

Savings relating to registry and information services

4New Zealand Register of Aircraft and Civil Aviation Registry

The New Zealand Register of Aircraft established and maintained under section 73(1) of the former Act immediately before the commencement of this clause continues as if it were the New Zealand Register of Aircraft maintained under this Act.
Any matter recorded immediately before the commencement of this clause on the Civil Aviation Registry established and maintained under section 74(1) of the former Act is to be treated as recorded on the Civil Aviation Records maintained under this Act.

Members of CAA are members of Board of CAA

5Members of CAA are members of Board of CAA

A person who, immediately before the commencement date, held office as a member of the CAA under the former Act is deemed to be appointed as a member of the Board under section 21 of this Act.
The term of office of a person deemed to be appointed as a member of the Board under subclause (1) expires on the date on which it would have expired had this Act not been enacted.
Nothing in subclause (2) limits the ability under the Crown Entities Act 2004 to remove a member from office.

Service charter

6Service charter

The service charter made under section 72G of the former Act and in effect immediately before the commencement date continues in effect and is to be treated as the engagement charter under section 28 of this Act.

7Making of Gazette notice under section 35

The Minister may exercise the power to give a notice under section 35 before the commencement date, and with effect on the commencement date, without complying with section 35(2).

Remaking of civil aviation rules

8Minister must certify new civil aviation rules

The Minister must certify a draft of the civil aviation rules under this Act in accordance with this clause.
The draft rules must comprise—
the draft rules prepared in accordance with subclause (3); and
any other provisions to be incorporated in accordance with subclause (5).

The draft rules must contain all the ordinary rules that were in force under Part 3 of the former Act immediately before the date on which the rules are certified—
with whatever changes to the rules are necessary or desirable to ensure that the rules—
1. are consistent with this Act, the regulations, and any amendments made to other legislation by this Act; and
2. are accurate and coherent; and
3. address any transitional issues; and
4. operate in a way that takes into account changes in technology; and
with any necessary or desirable provision for transport instruments (applying the test in section 430(1)(b) or any other matter contemplated by section 64(5)); and
with any minor amendments necessary or desirable to clarify intent, resolve ambiguity, or reconcile inconsistencies.

Nothing in section 34(1) of the former Act or section 61(1) of this Act applies to certification of the rules to which subclause (3) applies or to the making of those rules under clause 9.
The draft rules certified under this clause may include any provisions to which subclause (3) does not apply if the Minister is satisfied that the requirements of section 34(1) of the former Act have been complied with in respect of those provisions.
The Minister’s certificate is conclusive evidence that the draft of the rules complies with this clause.

9Minister must make new civil aviation rules

The Minister must make the rules certified in accordance with clause 8.
The rules—
must be made under section 52, on or before the commencement date, in accordance with this Act; and
may come into force on or after the commencement date.

10Minister may make transport instruments referred to in new civil aviation rules

This clause applies if the rules certified under clause 8 contain provision for transport instruments in accordance with clause 8(3)(b).
A transport instrument referred to in subclause (1) may be made by the Minister under subpart 3 of Part 10 instead of the specified person referred to in the regulation or rule that provides for the transport instrument.
Subpart 3 of Part 10 applies as if the Minister were the specified person referred to in the regulation or rule that provides for the transport instrument.
A transport instrument made by the Minister in accordance with subclause (2) may be amended or revoked by the specified person referred to in subclause (3) as if it had been made by that person.

11Provisions relating to clauses 8 to 10

Clauses 8 to 10 apply as if—
the provisions of this Act that confer the powers to make rules, and all other provisions of the Act that are relevant to the exercise of those powers and that have not yet commenced, have commenced; and
a legal position that would be conferred or imposed by any provision of this Act that is relevant to the exercise of those powers, and that has not yet commenced, has been conferred or imposed.

12Emergency rules

Any emergency rule made by the Director under section 31 of the former Act and in force immediately before the commencement date continues in force according to its tenor and is to be treated as made under section 67 of this Act.
Except as provided in subclause (1), this clause does not limit section 43 of the Legislation Act 2019.

Exemptions from rules

13Exemptions from rules

This clause applies to an exemption granted by the Director under section 37 of the former Act (including any conditions or limitations imposed on the exemption) and in force immediately before the commencement date.
On and after the commencement date, the exemption (and any conditions or limitations imposed on the exemption) continues to apply until it is sooner replaced or revoked as if it were granted by the Director under section 322.

Aviation documents

14Application for grant or renewal of aviation document

If, immediately before the commencement date, an application has been made under section 8 of the former Act for the grant or renewal of an aviation document,—
the application may be determined under the former Act as if this Act had not been enacted; and
if the application is granted, the aviation document must be treated as an aviation document issued under subpart 1 of Part 4 of this Act.

15Aviation documents

A person who, immediately before the commencement date, held an aviation document under Part 1 of the former Act is to be treated as holding an aviation document under subpart 1 of Part 4 of this Act.
Any conditions that apply to the document (including any conditions imposed under section 17 or 18 of the former Act) continue to apply and must be treated as imposed under this Act.
The document expires on the date on which it would have expired if this Act had not been enacted.
Nothing in subclause (3) limits any provision of this Act that authorises the revocation or suspension of an aviation document.

16Aviation document suspended

Subclause (2) applies if, immediately before the commencement date, the Director has given the holder of an aviation document a notice under section 11(2) of the former Act.
All further steps in relation to the matter that is the subject of the notice must be dealt with under the former Act as if this Act had not been enacted.
Subclause (4) applies if, immediately before the commencement date, an aviation document has been suspended under section 17 of the former Act.
The suspension must be dealt with under the former Act as if this Act had not been enacted.

Medical certificates

17Application for grant or renewal of medical certificate

If, immediately before the commencement date, an application has been made under Part 2A of the former Act for the grant or renewal of a medical certificate,—
the application may be determined under the former Act as if this Act had not been enacted; and
if the application is granted, the medical certificate must be treated as issued under Schedule 2 of this Act.

18Medical certificates

A person who, immediately before the commencement date, held a medical certificate under Part 2A of the former Act is to be treated as holding a medical certificate under Schedule 2 of this Act.
Any conditions, restrictions, or endorsements that apply to the certificate continue to apply and must be treated as imposed under this Act.
The certificate expires on the date on which it would have expired if this Act had not been enacted.
Nothing in subclause (3) limits any provision of this Act that authorises the revocation or suspension of a medical certificate.

19Matters in progress under section 27H or 27L of former Act

The former Act applies as if this Act had not been enacted to—
an investigation under section 27H that immediately before the commencement date had begun but was not completed:
the review of any decision if, immediately before the commencement date, a request has been made under section 27L and the review is not completed.

20Revocation, suspension, amendment, and surrender of medical certificate

This clause applies if, immediately before the commencement date, the Director has issued written notice under section 27I of the former Act to a licence holder in relation to the revocation, suspension, amendment, or surrender of a medical certificate.
Any further steps after that commencement date concerning the matter to which the notice relates must be completed under Schedule 2 of this Act.
Nothing in subclause (2) invalidates anything done before the commencement date and any such thing may be treated, for the purpose of the matter to which the notice relates, as having been done under Schedule 2 of this Act.

21Medical examiners and aviation examiners

A person who, immediately before the commencement date, was designated as a medical examiner under section 27F(1) of the former Act continues under that designation on and after that date as if the person were designated as a medical examiner under clause 29(1) of Schedule 2 of this Act.
A person who, immediately before the commencement date, was designated as an aviation examiner under section 27F(2) of the former Act continues under that designation on and after that date as if the person were designated as an aviation examiner under clause 29(2) of Schedule 2 of this Act.
A person who continues under subclause (1) or (2) to be designated remains subject to any direction or condition that applied to the person’s designation immediately before the commencement date.
The term of a designation continued under subclause (1) or (2) expires on the date on which it would have expired had this Act not been enacted.

22Convener and deputy convener

A person who, immediately before the commencement date, held an appointment as a convener under section 27J of the former Act is deemed to hold an appointment as convener under clause 30 of Schedule 2 of this Act.
A person who, immediately before the commencement date, held an appointment as a deputy convener under section 27J of the former Act is deemed to hold an appointment as deputy convener under clause 30 of Schedule 2 of this Act.
The term of an appointment continued under subclause (1) or (2) expires on the date on which it would have expired had this Act not been enacted.

23General directions and emergency directives issued under section 27G of former Act

A general direction or an emergency directive issued under section 27G of the former Act and in effect immediately before the commencement date continues in force and is to be treated as made under clause 25 of Schedule 2.

Drug and alcohol testing

24Interpretation

In this clause and clauses 25 to 31,—
current DAMP operator means a person who, on the commencement date, is a DAMP operator within the meaning of that term in section 113
existing employment agreement means an employment agreement, within the meaning of the Employment Relations Act 2000, between or that is binding on both a current DAMP operator and a safety-sensitive worker
transition period means the period commencing on the commencement date and ending immediately before the date that is the second anniversary of the commencement date.

25Application of subpart 6 of Part 4 to current DAMP operator

Subpart 6 of Part 4 applies to a current DAMP operator subject to this Part.

26Current DAMP operator must develop and submit DAMP for approval

On or before the relevant date prescribed under the rules, a current DAMP operator must develop and submit a DAMP that meets the requirements of section 114 for approval by the Director under clause 27.
The DAMP submitted under subclause (1) must include a proposed date of implementation.

27Approval of DAMP

If the DAMP submitted under clause 26 meets the requirements of this Act and any requirements prescribed in the rules, the Director must approve the DAMP.
When approving the DAMP, the Director must specify the implementation date for the DAMP, which must be—
the date proposed by the operator under clause 26(2); or
any other date that may be agreed between the Director and the operator.

An implementation date must not be later than the date that is the second anniversary of the commencement date.

28Date of application of subpart 6 of Part 4 to current DAMP operator

Subpart 6 of Part 4 applies in respect of a current DAMP operator—
on and after the date that is the second anniversary of the commencement date; or
if another date has been specified as the implementation date for the operator’s DAMP under clause 27, on and after that date.

29DAMP of no effect unless approved under clause 27

No DAMP of a current DAMP operator has effect before or after the end of the transition period unless the operator has had a DAMP approved under clause 27.
Subclause (1) applies until the first renewal of the operator’s aviation document that occurs after the end of the transition period.

30DAMP not to be considered in renewal of aviation document during transition period

If the DAMP operator applies during the transition period for a renewal of the operator’s aviation document, the renewal must be decided without regard to the operator’s obligations under clause 26 to develop and submit a DAMP.

31Current DAMP operators: Employment Relations Act 2000

This clause applies to a current DAMP operator who is an employer in an existing employment agreement.
The operator may include in the agreement a provision that allows the operator to carry out random testing of a worker in accordance with the DAMP approved by the Director under clause 27.

International air services licences

32Application for international air services licence

If, immediately before the commencement date, an application has been made under Part 8A of the former Act for the grant or renewal of a scheduled international air services licence, the application must be determined under the former Act as if this Act had not been enacted.

33Scheduled international air service licences

A person who, immediately before the commencement date, held a scheduled international air services licence under Part 8A of the former Act is to be treated as holding a scheduled international air services licence under subpart 1 of Part 6.
Any conditions that apply to the licence continue to apply and must be treated as imposed under this Act.
The certificate expires on the date on which it would have expired if this Act had not been enacted.
Nothing in subclause (3) limits any provision of this Act that authorises the revocation or suspension of a scheduled international air services licence.

Authorisations relating to international carriage by air

34Application for authorisation relating to international carriage by air

Subclause (2) applies if, immediately before the commencement date, an application has been made but not determined under section 88 of the former Act for the grant of an authorisation.
Any further matters after that date concerning the application must be completed under subpart 2 of Part 6.
Nothing in subclause (2) invalidates anything done before the commencement date, and any such thing may be treated for the purpose of the application as done under subpart 2 of Part 6.

35Authorisations relating to international carriage by air

An authorisation given under section 88 of the former Act and in force immediately before the commencement date must be treated as an authorisation given under subpart 2 of Part 6.
If the authorisation was granted with an expiry date, the authorisation expires on the date on which it would have expired if this Act had not been enacted.
If the authorisation was granted without an expiry date, the authorisation is to be treated as having an expiry date that is the third anniversary of the commencement date.

36Authorisation of tariffs by Minister

An authorisation of a tariff given under section 90 of the former Act and in effect immediately before the commencement date expires on the commencement date.

Security designated aerodromes and navigation installations

37Security designated aerodromes and navigation installations

An aerodrome that was, immediately before the commencement date, a security designated aerodrome under section 82 of the former Act is to be treated as designated under section 120 of this Act as a Tier 1 security designated aerodrome.
A navigation installation that was, immediately before the commencement date, a security designated navigation installation under section 82 of the former Act is to be treated as designated under section 120 of this Act as a security designated navigation installation.
In respect of a security designated aerodrome or security designated navigation installation referred to in subclause (1) or (2),—
an area of the aerodrome or navigation installation that was, immediately before the commencement date, a security area declared under section 84(1) of the former Act is to be treated as an airside security area designated under section 121; and
an area of the aerodrome or navigation installation that was, immediately before the commencement date, a security enhanced area declared under section 84(1A) of the former Act is to be treated as a security enhanced area designated under section 121.

Notice specifying that only AvSec may provide aviation security services

38Minister may give notice under section 137 before commencement date

The Minister may exercise the power to give a notice under section 137 before the commencement date and with effect on the commencement date.
This clause applies as if section 137 were in force when the power is exercised.
This clause does not limit section 43 of the Legislation Act 2019.

Airport authorities

39Airport authorities

An airport authority that is registered as an airport operator under Part 7 of this Act ceases on the date of that registration to be an airport authority.
Any order made under section 3(1) or (3) of the Airport Authorities Act 1966 or section 5 of the Local Authorities Empowering (Aviation Encouragement) Act 1929 relating to an airport authority referred to in subclause (1) is revoked on the date on which the airport authority is registered as an airport operator.
A local authority or any person or association of persons that, immediately before the repeal of the Airport Authorities Act 1966 by section 488, is an airport authority ceases on the date of the repeal of that Act to be an airport authority.
Any order made under section 3(1) or (3) of the Airport Authorities Act 1966 or section 5 of the Local Authorities Empowering (Aviation Encouragement) Act 1929 relating to an airport authority referred to in subclause (3) is revoked on the date that the airport authority ceases to be an airport authority.

40Joint venture agreement where party ceases to be airport authority

This clause applies to an agreement that is—
a joint venture agreement made under section 94 of the former Act, or any other agreement of a similar nature, between the Crown and any 1 or more local authorities, bodies, or persons that are an airport authority within the meaning of the Airport Authorities Act 1966; and
in effect immediately before the commencement date.

If the 1 or more local authorities, bodies, or persons cease to be an airport authority under clause 37(2), any reference in the agreement to the 1 or more local authorities, bodies, or persons as an airport authority must be read as a reference to the 1 or more local authorities, bodies, or persons as an airport operator.

41Status of airport authority as administering body under Reserves Act 1977

If an airport authority was appointed as an administering body under the Reserves Act 1977, it continues to be an administering body when it is registered as an airport operator.

Airport charges

42Airport charges

Any charges set by an airport company under section 4A of the Airport Authorities Act 1966 and in force immediately before the airport company is registered as an airport operator are to be treated as having been made by the airport operator under section 230 and may be amended or revoked under that section.

Airport bylaws

43Bylaw of local authority or airport authority registered as airport operator

This clause applies to a bylaw made under section 9 of the Airport Authorities Act 1966 by a local authority or an airport authority that is in force immediately before the local authority or the airport authority is registered as an airport operator under this Act.
Subject to this clause,—
the bylaw continues in force and must be treated as if it were made by the airport operator under section 235 of this Act in compliance with sections 236 and 237(1); and
on the date on which the airport operator is registered, any Order in Council made under section 9(5) of the Airport Authorities Act 1966 approving the bylaw is revoked.

If the bylaw was made under subsection 9(1)(e) or (g) of the Airport Authorities Act 1966, it—
continues in force according to its tenor despite the fact that the power in section 235(1)(e) does not apply in respect of a road as defined in section 2(1) of the Land Transport Act 1998; and
is to be treated for the purposes of the Land Transport Act 1998 as being made by the airport operator under section 22AB of that Act.

No regulations made under section 407(1)(d) may provide for a breach of a bylaw to which subclause (3) applies to be an infringement offence under this Act.
The bylaws may be amended, revoked, or replaced under the corresponding provisions of this Act.

44Airport bylaws revoked when Airport Authorities Act 1966 repealed

The following are revoked on the date on which the Airport Authorities Act 1966 is repealed under section 488:
any bylaw made under section 9 of that Act that remains in force on that date (and has not, under clause 43, been continued in force as a bylaw made under section 235 of this Act); and
any Order in Council made under section 9(5) of that Act approving a bylaw that is revoked under paragraph (a).

Notes

Protection of safety information

45Admissibility of accident and incident notifications

Section 340 applies in relation to an accident notification made under section 49(1) or (4) on or after the commencement date, whether the accident occurred before, on, or after that date.
Section 340 applies in relation to an incident notification made under section 49(3) on or after the commencement date whether the incident occurred before, on, or after that date.

46When Director may take law enforcement action

Section 341 applies to a qualifying person if the notification under section 49(3) occurs on or after the commencement date whether the incident occurred before, on, or after that date.
In this clause, qualifying person has the meaning given to it in section 339.

Admissibility of flight data recording against flight crew in criminal proceedings

47Admissibility of flight data recording against flight crew in criminal proceedings

Nothing in section 343 applies to—
an accident or incident that occurred before the commencement date; or
any proceedings commenced before the commencement date.

Direction given in relation to trespass

48Direction given in relation to trespass

Any direction of a kind referred to in section 51 of the former Act and given before the commencement date may be treated as if it had been given after that date for the purpose of a prosecution for an offence under section 364.

Regulations and orders

49Savings provision relating to orders made under former Act

The following orders made under the former Act are to be treated as having been made under this Act and may be amended or revoked accordingly:
Civil Aviation (ANZA Mutual Recognition Agreement) Order 2007 (SR 2007/83):
Civil Aviation (Cape Town Convention and Aircraft Protocol Declarations) Order 2010 (SR 2010/366).

The orders specified in subclause (1) may be amended from time to time under the corresponding empowering provisions in this Act.

50Savings provision relating to regulations made under former Act

The following regulations continue in force as if they were made under this Act (and as amended in Part 2 of Schedule 9):
Civil Aviation Charges Regulations (No 2) 1991 (SR 1991/143):
Civil Aviation (Safety and Security) Levies Order 2002 (SR 2002/84).

Pre-commencement consultation for regulations

51Pre-commencement consultation for regulations

A requirement for consultation under section 418(4) and (5) is satisfied in relation to any order made under that section that comes into force on the commencement date if the consultation was done before the commencement date for the purpose of facilitating the making of the order.

Airworthiness directives

52Airworthiness directives

An airworthiness directive issued by the Director under section 72I of the former Act and in effect immediately before the commencement date continues in force and is to be treated as made under section 429.