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

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Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member: inserted, on 10 August 1992, by section 2(5) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2(1) Minister: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 2(1) Ministry: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 2(1) New Zealand AOC with ANZA privileges: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 2(1) New Zealand registered aircraft: amended, on 10 August 1992, by section 2(6) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 2(1) New Zealand temporary stop notice: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 2(1) performance agreement: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2(1) registered medical practitioner: repealed, on 18 September2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) rules: amended, on 1 August 2010, by section 4 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).
Section 2(1) Secretary: substituted, on 1 December2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).
Section 2(1) security area: amended, on 20 August 1993, by section 2(3) of the Civil Aviation Amendment Act 1993 (1993 No 90).
Section 2 security enhanced area: inserted, on 26 September 2007, by section 4(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 2(1) service charter: added, on 10 August 1992, by section 2(8) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 2(1) specified examination: added, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 2(1) sterile area: added, on 26 September 2007, by section 4(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 2(1) unruly passenger offence: added, on 1 June 2004, by section 4(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 2(2): added, on 11 April 2008, by section 4(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).
3 Act to bind the Crown
(1) Subject to subsection (2), this Act shall bind the Crown.
(2) Except as otherwise expressly provided in this Act or any other Act, or in the regulations or rules concerned, nothing in this Act or in any regulations or rules made under this Act shall apply to the New Zealand Defence Force.
Compare: 1964 No 68 s 26; 1986 No 124 s 32(1); 1987 No 108 s 5
4 Application of Act
(1) Except as provided in section 53A, Part 5A, and section 96A, this Act and all regulations and rules made under this Act shall apply to the following:
(a) every person, aircraft, aerodrome, aeronautical product, air service, and aviation related service, in New Zealand:
(b) every New Zealand registered aircraft whether within or outside New Zealand:
(c) every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document:
(d) every foreign registered aircraft operating in New Zealand.
(2) Notwithstanding subsection (1), the Minister, acting on the recommendation of the Authority or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,—
(a) transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the Authority or the Director has under this Act or regulations or rules made under this Act:
(b) vest in the Authority or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under this Act or regulations or rules made under this Act:
(c) grant exemptions from this Act, and from regulations and rules made under this Act, relevant to any exercise of the Minister’s powers under this subsection.
(2A) Every New Zealand registered aircraft shall, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.
(3) Except where an act or omission is required in order to comply with the laws of any foreign State, every holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand, shall be deemed to have committed an offence under this Act and may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.
(4) Nothing in this section shall be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign State that applies to or in respect of the person or aircraft.
(5) Nothing in this Act shall be interpreted as limiting the privileges or immunities of—
(a) any foreign military aircraft; or
(b) the officers and crew of any foreign military aircraft.
Section 4(1): amended, on 1 June 2004, by section 5 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 4(1): amended, on 13 August 1996, by section 3 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 4(2): substituted, on 10 August 1992, by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 4(2A): inserted, on 10 August 1992, by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).
5 Civil Aviation Authority
[Repealed]
Section 5: repealed, on 10 August 1992, by section 4 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Part 1
Entry into the civil aviation system
6 Requirement to register aircraft
(1) Except as otherwise provided in this Act or rules made under this Act, every person lawfully entitled to the possession of an aircraft for a period of 28 days or longer which flies to, from, within, or over New Zealand territory shall register that aircraft and hold a valid certificate of registration for that aircraft from—
(a) the Director; or
(b) the appropriate aeronautical authorities of a contracting State of ICAO; or
(c) the appropriate aeronautical authorities of another State that is party to an agreement with the Government of New Zealand or the Civil Aviation Authority for New Zealand which provides for the acceptance of each other’s registrations.
(2) No aircraft shall be registered in or remain registered in New Zealand if it is registered in any other country.
(3) The Director may decline to register any aircraft in accordance with the provisions of rules made under this Act.
(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.
Compare: 1964 No 68 s 29(2)(h)
Section 6(1): amended, on 13 August 1996, by section 4 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 6(1)(a): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 6(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

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