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新西兰民航法 New Zealand Civil Aviation Act 1990

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(1) Any scheduled international air service licence granted under section 87G may, subject to the provisions of this section, be transferred to any person.
(2) Every application for the transfer of a scheduled international air service licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer.
(3) The Secretary shall give notice in the Gazette of the Minister’s intention to consider the application for the transfer of the licence.
(4) The notice given under subsection (3) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application.
(5) In considering the application for the transfer of the licence the Minister shall take into account all the matters referred to in section 87F as if the application were an application for a new licence.
Section 87K: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Scheduled international air service licences for foreign international airlines
Heading: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87L Secretary to be licensing authority for foreign international airlines
(1) Subject to subsection (2), the Secretary shall be the licensing authority to grant scheduled international air service licences to foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part.
(2) Where the applicant for a scheduled international air service licence is a foreign international airline of a country or territory with which New Zealand does not have an air service agreement or similar arrangement, the application shall be referred to the Minister for determination in accordance with sections 87M to 87O as if the references in those sections to the Secretary were references to the Minister.
Section 87L: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87M Consideration of application for scheduled international air service licence by foreign international airline
(1) In considering any application for a scheduled international air service licence made by a foreign international airline the
Secretary shall take into account the following matters:
(a) any relevant air services agreement and associated arrangements, and any other international agreement, convention, or arrangement to which New Zealand is a party:
(b) the safety and security requirements of the Director:
(c) such other matters as the Minister thinks fit and has determined in writing should be taken into account.
(2) If the granting of the licence would be contrary to any agreement, arrangement, or convention referred to in subsection (1)(a), the Secretary shall refuse to grant the licence.
Section 87M: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87N Scheduled international air service licence may be granted subject to conditions
(1) The Secretary, after giving consideration to the application in accordance with section 87M, may refuse it, or may grant it wholly or partly, and subject to such conditions as the Secretary thinks fit.
(2) The scheduled international air service licence shall be in such form as the Secretary thinks fit.
(3) Without prejudice to the generality of subsection (1), the Secretary, in granting any scheduled international air service licence, may prescribe, in respect of the scheduled international air service,—
(a) the countries or territories, or points within those countries or territories that may be served and the route or routes that may be followed:
(b) the maximum capacity that may be provided:
(c) the date not later than which the service shall be commenced.
(4) Where the Secretary grants a licence in accordance with this section, the Secretary shall give notice in the Gazette that the licence has been granted.
Section 87N: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87O Duration of scheduled international air service licence
(1) Every scheduled international air service licence granted under section 87N shall take effect from the date stated in the licence, and may be granted for such term as the Secretary considers appropriate in the particular case or, if the Secretary thinks fit, for an indefinite term.
(2) Where an application is made under section 87P for the renewal of a scheduled international air service licence, the licence shall, where the application is not disposed of before the date of expiry of the licence, continue in force until the application is disposed of, unless the Secretary otherwise directs.
Section 87O: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87P Renewal of scheduled international air service licence
(1) The Secretary may, from time to time, renew a scheduled international air service licence granted under section 87N.
(2) Every application for the renewal of a scheduled international air service licence granted under section 87N shall be lodged with the Secretary not less than 1 month before the date on which the licence expires.
(3) Section 87C(2) shall apply to every application for the renewal of the licence as if it were an application for a new licence.
(4) No person shall be entitled as of right to a renewal of a scheduled international air service licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87M as if the application were an application for a new licence.
(5) The renewal of the licence shall take effect from the date of the expiry of the licence for which the renewal is granted and may be for such term as the Secretary considers appropriate in the particular case or, if the Secretary thinks fit, for an indefinite term.
Section 87P: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 87P(2): amended, on 1 June 2002, by section 24 of the Civil Aviation Amendment Act 2002 (2002 No 15).
87Q Variation of terms and conditions of scheduled international air service licence
(1) The Secretary, while a scheduled international air service licence granted under section 87N is in force, may, of the Secre-tary’s own motion or on the application of the licensee, amend or revoke any of the terms and conditions of the licence or add any new terms or conditions that in the Secretary’s opinion are necessary or desirable in the public interest.
(2) Where the Secretary, on the Secretary’s own motion, proposes to exercise the power conferred on the Secretary by subsection (1), the Secretary shall give the licensee not less than 21 clear days’ notice in writing of the Secretary’s intention to exercise that power.
(3) Where any application under subsection (1) seeks approval for—
(a) a change or addition to the route or routes to be operated; or
(b) an increase in the capacity of the service to be provided—
pursuant to the licence, the Secretary shall take into account all the matters referred to in section 87M as if the application were an application for a new licence.
(4) Where the Secretary has varied the terms or conditions of any licence under this section, the Secretary shall give notice in the Gazette of the fact of, and the terms of, that variation.
Section 87Q: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Open aviation market licences
Heading: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
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