新西兰民航法 New Zealand Civil Aviation Act 1990

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Section 72F heading: replaced, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 72F(1): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 72F(2): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
72G Service charter
(1) As soon as practicable after the commencement of this Act but in any event not later than 1 January 1993, the Authority shall prepare and make available to the public a service charter including (but not limited to)—
(a) a statement by the Authority of the standards of service which the public can expect to apply to the carrying out of functions of the Authority and the Director under this Act and any regulations or rules made under this Act; and
(b) details of the procedures to be followed under the service charter by a person who alleges that the standards were not met; and
(c) details of the remedies that are available under the service charter to the person affected where it is established by that person to the satisfaction of the Authority that the standards were not met; and
(d) provision for the appointment by the Authority of an appropriate independent person to assist in the resolution of disputes arising in respect of alleged failures to meet the standards of service specified in the service charter.
(2) The service charter may make provision for a person to be appointed as a deputy to the person appointed under the provision referred to in subsection (1)(d), and for the functions, duties, and powers of the deputy.
(3) The Authority, the Director, any employee or agent of the Authority, and any agent of the Director shall have a public duty to observe the provisions of the service charter.
(4) If the Authority fails to comply with subsection (1), the Minister shall prepare the service charter and shall make it available to the public.
(5) The Authority (in any case) and the Minister (where the Minister has prepared it) may from time to time, in writing, amend the service charter, and shall make such amendments available to the public.
(6) The Authority shall not amend the service charter under subsection (5) if the service charter is prepared by the Minister under subsection (4).
(7) Nothing in the service charter shall limit or restrict any right to make any complaint or to bring any proceedings under any Act or rule of law.
Section 72G: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 72G(5): amended, on 20 August 1993, by section 11 of the Civil Aviation Amendment Act 1993 (1993 No 90).
72H Use of words Civil Aviation Authority
(1) No company or other body shall be incorporated or registered under a name that contains the words “Civil Aviation Authority” or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive.
(2) Nothing in subsection (1) shall apply to the Authority or to any person who is appropriately authorised by the Authority.
Section 72H: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).
72I Director of Civil Aviation
(1) The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Civil Aviation.
(2) The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act, or regulations or rules made under this Act, and such functions and powers as may be delegated to the Director by the Authority under section 73 of the Crown Entities Act 2004.
(3) Without limiting subsection (2), the Director shall—
(a) exercise control over entry into the civil aviation system through the granting of aviation documents under this Act; and
(b) take such action as may be appropriate in the public interest to enforce the provisions of this Act and ofregula-tions and rules made under this Act, including the carrying out or requiring of inspections and monitoring; and
(c) monitor adherence, within the civil aviation system, to any regulatory requirements relating to—
(i) safety and security, including (but not limited to) personal security:
(ii) access and mobility:
(iii) public health:
(iv) environmental sustainability:
(v) any other matter; and
(d) ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security.
(3A) Without limiting subsection (2), where the Director believes on reasonable grounds—
(a) that an unsafe condition exists in any aircraft or aeronautical product; and
(b) that condition is likely to exist or develop in any other aircraft or aeronautical products of the same design,— the Director may, by notice in writing, issue an airworthiness directive in respect of aircraft or aeronautical products, as the case may be, of that design.
(3B) Notice of an airworthiness directive issued under subsection (3A) must be given in the Gazette.
(3C) An airworthiness directive issued under subsection (3A) comes into force on the date specified in the directive, which may be a date earlier than the date of notification of the issuing of the directive in the Gazette under subsection (3 B), if—
(a) the Director considers that urgent action is required; and
(b) the Director notifies the affected parties before the directive comes into force; and
(c) notification of the issuing of the directive is given in the Gazette not later than 28 days after the directive comes into force.
(3D) The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.
(4) In performing or exercising any functions or powers in relation to—
(a) the granting of aviation documents; or
(aa) the issue, suspension, or revocation of medical certificates; or
(b) the suspension of aviation documents; or
(c) the revocation of aviation documents; or
(d) the granting of exemptions; or
(e) the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,—
in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers.
Section 72I: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 72I(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 72I(3)(b): amended, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 72I(3)(b): amended, on 1 June 2002, by section 16(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 72I(3)(c): added, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 72I(3)(d): added, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 72I(3A): inserted, on 13 August 1996, by section 26 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 72I(3A): amended, on 1 June 2002, by section 16(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 72I(3B): substituted, on 1 June 2002, by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 72I(3C): inserted, on 1 June 2002, by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

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