2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accident means an occurrence that is associated with the operation of an aircraft and takes place between the time any person boards the aircraft with the intention of flight and such time as all such persons have disembarked and the engine or any propellers or rotors come to rest, being an occurrence in which—

(a)

a person is fatally or seriously injured as a result of—

(i)

being in the aircraft; or

(ii)

direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or

(iii)

direct exposure to jet blast—

except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(b)

the aircraft sustains damage or structural failure that—

(i)

adversely affects the structural strength, performance, or flight characteristics of the aircraft; and

(ii)

would normally require major repair or replacement of the affected component—

except engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents, or puncture holes in the aircraft skin; or

(c)

the aircraft is missing or is completely inaccessible

aerodrome

(a)

means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, and surface movement of aircraft; and

(b)

includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration

aerodrome control service means an air traffic control service provided for the control of aerodrome traffic

aerodrome flight information service means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights in the vicinity of an aerodrome

aerodrome traffic means—

(a)

all traffic in the manoeuvring area of an aerodrome; and

(b)

all aircraft flying in the vicinity of an aerodrome

aerodrome traffic circuit means the pattern flown by aircraft operating in the vicinity of an aerodrome

aeronautical product means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft; and includes fuel and other similar consumable items necessary for the operation of the aircraft

air service means an air transport service or an aerial work service, whether regular or casual

air traffic means all aircraft in flight or operating on any manoeuvring area of an aerodrome

air traffic control service means a service provided for the purposes of—

(a)

preventing collisions—

(i)

between aircraft; and

(ii)

between aircraft and obstructions on any manoeuvring area; and

(b)

expediting and maintaining a safe and efficient flow of air traffic

air traffic service includes—

(a)

any aerodrome control service:

(b)

any area control service:

(c)

any approach control service:

(d)

any flight information service:

(e)

any aerodrome flight information service:

(f)

any alerting service:

(g)

any other air traffic service considered by the Director to be necessary or desirable for the safe and efficient operation of the civil aviation system

aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

aircraft flying in the vicinity of an aerodrome means any aircraft that is in, entering, or leaving an aerodrome traffic circuit

alerting service means an air traffic service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required

ANZA means Australia New Zealand Aviation

ANZA mutual recognition agreements means the agreements or arrangements specified in regulations made under section 100(1)(ed)

approach control service means an air traffic control service for arriving or departing controlled flights

area control service means an air traffic control service provided for controlled flights in controlled airspace

Australia means the Commonwealth of Australia; and, when used in a geographical sense, includes any external territory of Australia

Australian AOC with ANZA privileges has the same meaning as in section 3(1) of the Civil Aviation Act 1988 (Aust)

Australian temporary stop notice has the same meaning as in section 3(1) of the Civil Aviation Act 1988 (Aust)

Authority means the Civil Aviation Authority of New Zealand established by section 72A

aviation document means any licence, permit, certificate, or other document issued under this Act to or in respect of any person, aircraft, aerodrome, aeronautical procedure, aeronautical product, or aviation related service

aviation examiner means a health professional; and includes any medical practitioner to whom the Director has issued an aviation document under section 27F(2) or section 27Q(2)(c) to conduct specified examinations under Part 2A

aviation related service means any equipment, facility, or service (including any air traffic service but excluding any service of the Transport Accident Investigation Commission) operated in support of or in conjunction with the civil aviation system; and includes the provision of aeronautical products

aviation security officer means a person for the time being employed as such in the Aviation Security Service

Aviation Security Service means the Aviation Security Service established under section 72B(2)(ca)

CASA means—

(a)

the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust); and

(b)

any successor of that Authority

Civil Aviation Registry means the Registry established under section 74

Commission means the Transport Accident Investigation Commission established under the Transport Accident Investigation Commission Act 1990

controlled airspace means an airspace of defined dimensions within which an air traffic control service is provided to controlled flights

controlled flight means any flight that is provided with or required by rules made under this Act to make use of an air traffic control service

convener means a medical practitioner appointed as convener by the Minister under section 27J or the deputy convener acting as convener

Convention means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on 7 December 1944, and includes—

(a)

any amendment to the Convention that has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and

(b)

any Annex or amendment to any Annex accepted under Article 90 of the Convention, to the extent adopted by New Zealand; and

(c)

the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation under Article 37 of the Convention, to the extent adopted by New Zealand

Corporation means Airways Corporation of New Zealand Limited, a company that is a State enterprise under the State-Owned Enterprises Act 1986

dangerous goods means articles or substances that are capable of posing risk to health, safety, property, or the environment and—

(a)

are listed in, or classified in accordance with, the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air; or

(b)

have properties that would result in the articles or substances being classified as dangerous goods under the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air

deputy convener means a medical practitioner appointed as deputy convener by the Minister under section 27J

Director means the person who is for the time being the Director of Civil Aviation under section 72I

flight information service means an air traffic service provided for the purpose of giving advice and information intended for the safe and efficient conduct of flights

General Manager means the person who is for the time being the General Manager of the Aviation Security Service under section 72L

health professional means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

holder, in relation to any aviation document, includes any person lawfully entitled to exercise privileges in respect of that document

ICAO means the International Civil Aviation Organisation established under the Convention; and includes any successor to the Organisation

incident means any occurrence, other than an accident, that is associated with the operation of an aircraft and affects or could affect the safety of operation

international airport means any airport designated as an airport of entry and departure for international air traffic where the formalities incident to customs, immigration, public health, animal and plant quarantine, and similar procedures are carried out

judicial officer means a District Court Judge, a Justice, a Community Magistrate, or a court Registrar (other than a constable)

manoeuvring area

(a)

means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but

(b)

does not include areas set aside for loading, unloading, or maintenance of aircraft

medical examiner means a medical practitioner to whom the Director has issued an aviation document under section 27F(1) or section 27Q(2)(b) to conduct examinations under section 27D

medical practitioner means—

(a)

a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; or

(b)

a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction

member means a member of the Authority

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

navigation installation

(a)

means any building, facility, work, apparatus, equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and

(b)

includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and used in connection therewith

New Zealand AOC with ANZA privileges has the meaning set out in section 11G

New Zealand Register of Aircraft means the register of that name that is established under section 73

New Zealand registered aircraft means any aircraft that is for the time being registered by the Director under section 6(1)(a)

New Zealand temporary stop notice means a notice issued under section 11C(1)

operate, in relation to an aircraft, means to fly or use the aircraft, or to cause or permit the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft; and operator has a corresponding meaning

owner, in relation to any aircraft, includes any person lawfully entitled to the possession of the aircraft for 28 days or longer

pilot-in-command, in relation to any aircraft, means the pilot responsible for the operation and safety of the aircraft

prescribed means prescribed by this Act or by regulations or rules made under this Act

rules means ordinary rules made by the Minister or Governor-General and emergency rules made by the Director under Part 3

Secretary means the chief executive of the Ministry

security area means an area that the Director has declared to be a security area under section 84

security designated aerodrome means an aerodrome for the time being designated as a security aerodrome under section 82

security designated navigation installation means a navigation installation for the time being designated as a security navigation installation under section 82

security enhanced area means an area that the Director has declared to be a security enhanced area under section 84(1A)

service charter means a service charter prepared and made available to the public under section 72G

specified examination means—

(a)

an examination of visual and colour perception; or

(b)

an examination of hearing; or

(c)

a psychological examination; or

(d)

any other class of examination prescribed in the rules

sterile area means the area at an aerodrome, between the passenger inspection and screening station and the aircraft, into which access is strictly controlled

unruly passenger offence

(a)

means an offence against Part 5A; and

(b)

includes an offence to which section 65C applies.

(2)

For the purposes of this Act, an aviation identity card issued or approved by the Director under any regulations or rules made under this Act is not an aviation document.

Compare: 1964 No 68 s 2; 1968 No 39 s 16(1); 1969 No 9 s 2; 1973 No 6 s 6(1); 1976 No 122 s 3(8); 1976 No 153 s 2; 1977 No 146 s 2; 1987 No 108 s 2

Section 2(1) accident paragraph (b): amended, on 1 June 2002, by section 4(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 2(1) air traffic service paragraph (g): amended, on 10 August 1992, by section 2(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) air transport operations: repealed, on 13 August 1996, by section 2 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 2(1) ANZA: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) ANZA mutual recognition agreements: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australia: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australian AOC with ANZA privileges: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australian temporary stop notice: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Authority: inserted, on 10 August 1992, by section 2(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) aviation examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) aviation examiner: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Aviation Security Service: amended, on 20 August 1993, by section 2(2) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2(1) CASA: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) convener: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) convener: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Convention: substituted, on 1 June 2002, by section 4(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 2(1) Corporation: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) dangerous goods: substituted, on 1 June 2004, by section 4(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) deputy convener: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) deputy convener: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Director: substituted, on 10 August 1992, by section 2(4) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) General Manager: inserted, on 20 August 1993, by section 2(1) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2(1) health professional: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) judicial officer: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 2(1) judicial officer: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 2(1) medical examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) medical examiner: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) member: inserted, on 10 August 1992, by section 2(5) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) Ministry: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) New Zealand AOC with ANZA privileges: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) New Zealand registered aircraft: amended, on 10 August 1992, by section 2(6) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) New Zealand temporary stop notice: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) performance agreement: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) rules: amended, on 1 August 2010, by section 4 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 2(1) Secretary: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) security area: amended, on 20 August 1993, by section 2(3) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2 security enhanced area: inserted, on 26 September 2007, by section 4(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 2(1) service charter: added, on 10 August 1992, by section 2(8) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) specified examination: added, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) sterile area: added, on 26 September 2007, by section 4(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 2(1) unruly passenger offence: added, on 1 June 2004, by section 4(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(2): added, on 11 April 2008, by section 4(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).