新西兰民航法 New Zealand Civil Aviation Act 1990

时间：2015-01-01 10:26来源：蓝天飞行翻译公司 作者：民航翻译 点击：次

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(6) The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.
(7) Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.
(8) Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.
(9) [Repealed]
(10) [Repealed]
(11) Every person purporting to act under any delegation under this section shall when reasonably requested to do so produce evidence of his or her authority to so act.
(12) Any person who exercises any function or power under a delegation made under this section or under section 73 of the Crown Entities Act 2004 may charge the person in respect of whom the function or power is exercised a reasonable fee in respect of the exercise of that function or power.
Section 23B: inserted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 23B heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(2A): inserted, on 30 March 2007, by section 13 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 23B(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(9): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(10): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23B(12): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
23C Restrictions on delegations
Notwithstanding sections 23 to 23B of this Act or section 73 of the Crown Entities Act 2004,—
(a) neither the Authority nor the Director may delegate any function or power that does not relate to the functions or powers of the Aviation Security Service to any person in the Aviation Security Service without the prior written approval of the Minister:
(b) neither the Authority nor the Director may delegate any function or power in relation to the Aviation Security Service to any person outside that Service without the prior written approval of the Minister:
(c) the General Manager shall not delegate any function or power in relation to the Aviation Security Service to any employee of the Authority who is not in the Aviation Security Service without the prior written approval of the Minister.
Section 23C: inserted, on 20 August 1993, by section 3 of the Civil Aviation Amendment Act 1993 (1993 No 90).
Section 23C: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
24 General power of entry
(1) For the purpose of carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act or for the purpose of the ANZA mutual recognition agreements, every person duly authorised by the Director shall have right of access at any reasonable time to the following:
(a) any aircraft, aerodrome, building, or place:
(b) any document or record concerning any aircraft, aeronautical product, or aviation related service.
(1A) In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1) may only be exercised at the request of CASA.
(2) Without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—
(a) any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or
(ab) in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or
(b) a condition imposed under any civil aviation document or Australian AOC with ANZA privileges is not being complied with; or
(c) a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property—
may at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.
(3) Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2)—
(a) may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act or, in the case of an Australian AOC with ANZA privileges, under Australian law, to produce or surrender it; and
(b) must, if a document is surrendered under paragraph (a), orally inform the relevant aviation document holders or, if applicable, the relevant Australian AOC with ANZA privileges holder, as soon as practicable, and in writing that the document has been surrendered.
(3A) The right of access and the powers conferred by any of subsections (1) to (3) may not be used to gain a right of access to, to inspect, or to require the production or surrender of a record specified in paragraph (a) or paragraph (b) of section 14C(2) of the Transport Accident Investigation Commission Act 1990.
(4) Nothing in subsection (1) or subsection (2) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012,
which must not be granted unless the issuing officer is satisfied that the entry is essential to enable the inspection to be carried out.
(5) Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5,
7, 9, and 10 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (4) and its execution.
(5A) Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
(6) Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Director specifying—
(a) the name and the office or offices held by the person; and
(b) that the person is authorised by the Director to exercise the power conferred by subsections (1) and (2) to enter aircraft, aerodromes, buildings, and places, and to carry out such inspection; and
(c) in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.
(7) Every person exercising the power of entry conferred by subsections (1) and (2) shall produce the warrant of authority and evidence of identity—
(a) if practicable on first entering the aircraft, aerodrome, building, or place; and
(b) whenever subsequently reasonably required to do so.
(8) Every constable shall have and may exercise all or any of the powers conferred on a person who has been duly authorised by the Director under this section.
Section 24(1): amended, on 30 March 2007, by section 14(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 24(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

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