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新西兰民航法 New Zealand Civil Aviation Act 1990

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Section 73(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
74 Civil Aviation Registry
(1) The Authority shall establish a Civil Aviation Registry.
(2) Copies or appropriate evidence of the following shall be recorded and maintained at the Registry:
(a) every current aviation document: (ab) every Australian AOC with ANZA privileges:
(b) the New Zealand Register of Aircraft:
(c) every regulation made under this Act, and every rule notified in the Gazette and for the time being in force: (ca) any material incorporated into a rule by reference under section 36:
(d) every accident and incident notification given under section 26:
(da) every airworthiness directive issued by the Director under section 72I(3A):
(e) every delegation, authorisation, and exemption granted in writing under this Act:
(f) the address for service of every current applicant for an aviation document and of every current aviation document holder:
(g) all information published under section 75:
(h) the current service charter:
(i) the current statement of intent under section 139 of the Crown Entities Act 2004.
(3) Documents kept at the Registry shall be made available by the Authority, in accordance with the provisions of the Official Information Act 1982, for inspection by the public free of charge.
(4) Subsection (3) is subject to the Privacy Act 1993.
Section 74(1): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 74(2)(a): substituted, on 13 August 1996, by section 27(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 74(2)(ab): inserted, on 30 March 2007, by section 33(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 74(2)(ca): inserted, on 13 August 1996, by section 27(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 74(2)(da): inserted, on 13 August 1996, by section 27(3) of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 74(2)(h): added, on 10 August 1992, by section 32 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 74(2)(i): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 74(3): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 74(4): added, on 1 June 2004, by section 3 3(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).
75 Information services
(1) The Authority shall ensure that an information service is provided which shall comprise the collection and dissemination of aeronautical information and instructions relating to the safety, regularity, and efficiency of air navigation.
(2) The Authority shall ensure that such information and instructions are readily available to any person upon payment of a reasonable charge fixed by the Authority.
Section 75(1): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 75(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Part 8
Aviation security
76 Aviation security
The prevention of the commission of crimes against the Aviation Crimes Act 1972 at any security designated aerodrome or security designated navigation installation, and the protection of persons and property from dangers arising from the commission or attempted commission of such crimes, shall be the joint responsibility of the New Zealand Police and any authorised provider of aviation security services at that aerodrome or installation.
Compare: 1964 No 68 s 21A; 1976 No 153 s4
77 Responsibility of Minister
The Minister shall ensure that aviation security services are provided at all security designated aerodromes and security designated navigation installations.
77A Powers and duties of Minister to require screening, searching, and seizing
(1) The Minister may, if the Minister considers it necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice in the Gazette,—
(a) to screen—
(i) any person boarding an aircraft:
(ii) any thing to be carried on an aircraft:
(iii) any person, item, or substance—
(A) before the person, item, or substance enters a sterile area:
(B) present in a sterile area:
(iv) any person, item, substance, or vehicle—
(A) before the person, item, substance, or vehicle enters a security enhanced area:
(B) present in a security enhanced area:
(v) any unattended item, substance, or vehicle in a security enhanced area:
(b) if necessary, to undertake reasonable searches of—
(i) any person boarding an aircraft:
(ii) any thing to be carried on an aircraft:
(iii) any (as specified in the Gazette notice)—
(A) aircraft or class of aircraft:
(B) aerodrome or class of aerodrome:
(C) navigation installation or class of navigation installation:
(iv) any person, item, substance, or vehicle—
(A) before the person, item, substance, or vehicle enters a sterile area:
(B) present in a sterile area:
(v) any person, item, substance, or vehicle—
(A) before the person, item, substance, or vehicle enters a security enhanced area:
(B) present in a security enhanced area:
(vi) any unattended item, substance, or vehicle in a security enhanced area:
(c) to seize any item or substance specified in the Gazette notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.
(1A) An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the Gazette notice.
(2) Before directing an aviation security provider under subsection (1), the Minister must consult—
(a) the Director; and
(b) as the Minister in each case considers appropriate and practical, other ministers, representative groups in the aviation industry, government departments, and Crown agencies.
(3) A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette if the Minister—
(a) considers on reasonable grounds that urgent action is required; and
(b) has consulted the Director before that date; and
(c) has notified all affected parties (other than persons boarding an aircraft) before that date.
(4) If a direction takes effect on a date before the notice is published in the Gazette,—
(a) the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and
(b) if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Minister, after complying with subsection (3)(b) and (c), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).
(5) A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
(5A) No direction made under subsection (1) is a legislative instrument for the purposes of the Legislation Act 2012.
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