新西兰民航法 New Zealand Civil Aviation Act 1990

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87R Minister may designate countries or territories for open aviation market licences
The Minister may from time to time, by notice in the Gazette, designate any 1 or more countries or territories in respect of which—
(a) scheduled international air services; and
(b) non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire—
may be carried on pursuant to and in conformity with an open aviation market licence.
Section 87R: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87S Secretary to be licensing authority for open aviation market licences
The Secretary shall be the licensing authority to grant open aviation market licences to New Zealand international airlines and foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part.
Section 87S: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87T Consideration of application for open aviation market licence
(1) In considering an application for an open aviation market licence made by a New Zealand international airline or 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 open aviation market licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1 )(a), the Secretary shall refuse to grant the licence.
Section 87T: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87U Open aviation market licence may be granted subject to conditions
(1) The Secretary, after giving consideration to the application in accordance with section 87T, may refuse it, or may grant it wholly or partly, and subject to such conditions as the Secretary thinks fit.
(2) Without prejudice to the generality of subsection (1), the Secretary, in granting any open aviation market licence, shall prescribe, in respect of any scheduled international air service and non-scheduled international flight carried on pursuant to the licence, the countries or territories that may be served.
(3) The open aviation market licence shall be in such form as the Secretary thinks fit.
(4) Where the Secretary grants an open aviation market licence under this section, the Secretary shall give notice in the Gazette that the licence has been granted.
Section 87U: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87V Duration of open aviation market licence
(1) Every open aviation market licence granted under section 87U 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, in respect of a foreign international airline, if the Secretary thinks fit, for an indefinite term.
(2) Where an application is made under section 87W for the renewal of an open aviation market 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 87V: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87W Renewal of open aviation market licence
(1) The Secretary may, from time to time, renew an open aviation market licence granted under section 87U.
(2) Every application for the renewal of an open aviation market licence granted under section 87U shall be lodged with the Secretary not less than 3 months before the date on which the licence expires.
(3) Section 87C(2) shall apply to every application for the renewal of an open aviation market licence as if it were an application for a new licence.
(4) No person shall be entitled as of right to a renewal of an open aviation market licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87T as if the application were an application for a new licence.
(5) The renewal of the open aviation market licence shall take effect from the date of 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, in respect of a foreign international airline, if the Secretary thinks fit, for an indefinite term.
Section 87W: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87X Variation of terms and conditions of open aviation market licence
(1) The Secretary, while an open aviation market licence granted under section 87U is in force, may, of the Secretary’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 change or addition to the country or countries, or territory or territories, to be served pursuant to the open market aviation licence, the Secretary shall take into account all the matters referred to in section 87T as if the application were an application for a new licence.
(4) Where the Secretary has varied the terms or conditions of an open aviation market licence under this section, the Secretary shall give notice in the Gazette of the fact of, and the terms of, that variation.
Section 87X: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87Y Transfer of open aviation market licence
(1) Any open aviation market licence granted to a New Zealand international airline under section 87U may, subject to the provisions of this section, be transferred to any other New Zealand international airline.
(2) Every application for the transfer of an open aviation market licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer.
(3) In considering the application for the transfer of the licence the Secretary shall take into account all the matters referred to in section 87T as if the application were an application for a new licence.
(4) Where the Secretary transfers any open aviation market licence under this section, the Secretary shall give notice in the Gazette that the licence has been transferred.
Section 87Y: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).
87Z Holder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE
The holder of an open aviation market licence under this Part shall be entitled to carry on, to or from the countries or territories that may be served pursuant to the licence as prescribed under section 87U(2), non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire without authorisation under section 87ZE.
Section 87Z: inserted, on 13 August 1996, by section 28 of the Civil Aviation Amendment Act 1996 (1996 No 91).

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