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

To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed.

(a) to provide funds for the establishment, maintenance, and operation of works, facilities, and services under this Act:
(b) to defray the costs and expenses incurred by the Ministry or the Authority or any of their employees in the exercise of functions, powers, and duties, and in providing services, under this Act:
(ba) to reimburse the Authority and the convener for costs directly associated with the Director’s functions and the convener’s functions under Part 2A:
(c) generally for the purposes of civil aviation.
(2) Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis.
(3) Any such regulations may—
(a) specify the persons by whom and to whom any fees or charges are payable:
(b) prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays:
(c) prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses:
(d) require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns:
(e) provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases.
(4) Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority.
(4A) The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter.
(4B) Nothing in this section or in section 100 authorises the making of regulations prescribing charges in relation to traveller processing to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.
(5) For the purposes of this section, the expressions airport and airport authority shall have the same meaning as in the Airport Authorities Act 1966.
Compare: 1964 No 68 ss 13, 13A; 1986 No 128 s 8(3)
Section 38(1)(b): amended, on 10 August 1992, by section 20(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 38(1)(ba): inserted, on 1 April 2002, by section 8 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 38(4A): inserted, on 10 August 1992, by section 20(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 38(4B): inserted, on 15 February 2014, by section 21(1) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014(2014 No 3).
39 Rebates
(1) The person or authority to whom any fees or charges are payable under regulations made under this Act may grant a rebate of such fees or charges to any person who is liable to pay them.
(2) Every rebate of fees or charges granted under subsection (1) shall—
(a) be based on the quantity of services used by the person liable to pay the fees or charges; and
(b) be offered on an equal percentage basis to any other person using a similar quantity of such services; and
(c) be granted in accordance with regulations made under this Act.
40 Payment of fees and charges
(1) Except as otherwise provided in regulations made under this Act, every application under this Act shall be accompanied by payment of all relevant prescribed fees and charges.
(2) Any regulations made under this Act may—
(a) prescribe a date by which any such fee or charge is payable or authorise the Authority to fix the date by which the fee or charge is payable:
(b) provide for a discount for early payment of any such fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge.
Section 40(1): substituted, on 10 August 1992, by section 2 1(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 40(2)(a): amended, on 10 August 1992, by section 2 1(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
41 Suspension or revocation of aviation document where prescribed fees or charges unpaid
(1) Where any fee or charge payable under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the aviation document to which the unpaid fee or charge relates.
(2) Where any fee or charge payable under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the fee or charge relates.
(3) Before suspending an aviation document under subsection (1), or revoking an aviation document under subsection (2), the
Director shall notify the holder of that document of—
(a) the Director’s intention to suspend or revoke the document; and
(b) the right of appeal available to the holder of that document in the event of the document being suspended or revoked.
(4) Where a fee or a charge is payable in respect of an application under this Act or the provision of a service under this Act, the Authority or the Director or other person asked to process the application or provide the service, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.
(5) The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to a District Court under section 66.
Section 41: substituted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).
42 Recovery of fees and charges for aviation related services
(1) Subject to subsection (2), where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Authority or the Director in respect of any aircraft, the person whose name appears on the New Zealand Register of Aircraft in respect of that aircraft shall be deemed to be liable to pay that fee or charge.
(2) Any person who would otherwise be liable to pay a fee or charge in relation to any aircraft in terms of subsection (1) shall not be so liable if that person—
(a) proves that during any relevant period of use of the aircraft that person was not entitled, whether alone or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and
(b) has taken all reasonable steps to supply the Authority with such information as would identify the actual user.
Section 42: substituted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Levies
Heading: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).
42A Governor-General may impose levies
(1) Subject to subsection (3), for the purpose of enabling the Authority to carry out its functions under this Act and any other Act, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council impose on all or any of the persons referred to in subsection (2) a levy payable to the Authority, and may in the same manner vary any such order.
(2) A levy may be imposed under subsection (1) on—

航空翻译 www.aviation.cn
本文链接地址：新西兰民航法 New Zealand Civil Aviation Act 1990