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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(3) [Repealed]
(4) Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction to a fine not exceeding $4,000.
(5) [Repealed]
Section 96B: inserted, on 13 August 1996, by section 31 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 96B(3): repealed, on 1 June2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 96B(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 96B(5): repealed, on 1 June2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
96C Procedure for offence of smoking on international flight [Repealed]
Section 96C: repealed, on 1 June 2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
96D Form of infringement notice [Repealed]
Section 96D: repealed, on 1 June 2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
96E Payment of fees [Repealed]
Section 96E: repealed, on 1 June 2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
96F Filing of notices [Repealed]
Section 96F: repealed, on 1 June 2004, by section 40(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
97 Nuisance, trespass, and responsibility for damage
(1) No action for nuisance may be brought in respect of the noise or vibration caused by aircraft or aircraft engines on an aerodrome, if the noise or vibration is of a kind specified in any rules made under section 28 or section 29 or section 30, so long as the provisions of the rules are duly complied with.
(2) No action shall lie in respect of trespass, or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act and of any rules made under this Act are duly complied with.
(3) Where material damage or loss is caused to property on land or water by an aircraft in flight, taking off, landing, or alighting, or by any person or article in or falling from any such aircraft, damages shall be recoverable from the owner of the aircraft, without proof of negligence or intention or other cause of action, as if the damage or loss was caused by his or her fault,
except where the damage or loss was caused by or contributed to by the fault of the person by whom the same was suffered.
(4) Where damage or loss is caused in the manner described in subsection (3) and in circumstances in which—
(a) damages are recoverable from the owner of the aircraft in respect of the damage or loss by virtue only of the provisions of subsection (3); and
(b) some person other than the owner is liable to pay damages in respect of the damage or loss,— the owner shall be entitled to be indemnified by that other person against any claim in respect of the damage or loss.
(5) Where damage or loss is contributed to by the fault of the person by whom the same was suffered, the provisions of the Contributory Negligence Act 1947 as to apportionment shall apply.
(6) Damages shall not be recoverable under subsection (4) from the owner of an aircraft in respect of damage or loss caused by a person descending from the aircraft by parachute. Damages shall be recoverable from the person descending and the provisions of subsection (4) shall, with the necessary modifications, apply as if the person descending were the owner of the aircraft. This subsection shall not apply in respect of damage or loss caused by a person descending from an aircraft by parachute where the descent is required to avoid injury or death.
(7) Where an aircraft has been hired out to any other person by the owner thereof, for a period greater than 28 days and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall apply as though every reference to the owner were a reference to the person to whom the aircraft has been so hired out.
(8) For the purposes of this section, the term fault means negligence, breach of statutory duty, or other act or omission which gives rise to a liability in tort or would, apart from the Contributory Negligence Act 1947, give rise to the defence of contributory negligence.
Compare: 1964 No 68 s 23
98 Indemnity in respect of certain messages [Repealed]
Section 98: repealed, on 10 August 1992, by section 34 of the Civil Aviation Amendment Act 1992 (1992 No 75).
99 Airways Corporation to be sole provider of certain airways services
(1) Subject to the Civil Defence Emergency Management Act 2002, Airways Corporation of New Zealand Limited shall be the only person entitled to provide the following aviation services in New Zealand:
(a) area control services:
(b) approach control services:
(c) flight information services.
(2) Nothing in this section shall apply to aerodrome control services or aerodrome flight information services.
Section 99(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
99A Regulations relating to information disclosure
Without limiting section 100, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a) requiring every holder of an aviation document relating to an air traffic service to publish in the prescribed manner information in relation to the provision of that service by that holder; and prescribing the information, including prices, terms, and conditions, that the holder shall make available, which information shall include—
(i) prices, terms, and conditions:
(ii) pricing policies and methodologies:
(iii) costs:
(iv) cost allocation policies and methodologies:
(b) requiring every holder of an aviation document relating to an air traffic service to make publicly available prescribed financial statements that follow generally accepted accounting principles (including statements of financial performance and statements of financial position and statements of accounting principles) in respect of that holder, or any of that holder’s subsidiaries, or any part or division of the person as if the holder or the subsidiary or a part or division of the holder, as the case may be, were independent and unrelated companies:
(c) prescribing the form and manner in which the financial statements required by any regulations made under paragraph (b) shall be made available:
(d) prescribing the form of statutory declaration and by whom it shall be made for the purpose of section 99B:
(e) prescribing the time limits within which the information disclosure required by any regulations made under this section shall be made to the public.
Section 99A: inserted, on 10 August 1992, by section 36 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 99A(b): amended, on 1 October 1997, pursuant to section 6(1) of the Financial Reporting Amendment Act 1997 (1997 No 17).
Section 99A(b): amended, on 1 October 1997, pursuant to section 6(2) of the Financial Reporting Amendment Act 1997 (1997 No 17).
99B Information to be supplied to Secretary
(1) Every person who is required by regulations made under section 99A to make available statements and information shall supply to the Secretary—
(a) a copy of all statements and information, made available to the public pursuant to regulations made under that section:
(b) any further statements, reports, agreements, particulars, and other information requested in writing by the Secretary for the purpose of monitoring the person’s compliance with those regulations within 30 days of receipt of such request.

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