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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7 Requirement for aviation document
(1) Rules made under this Act may require that an aviation document shall be required by or in respect of all or any of the following:
(a) New Zealand registered aircraft:
(b) aircraft pilots:
(c) flight crew members:
(d) air traffic service personnel:
(e) aviation security service personnel:
(f) aircraft maintenance personnel:
(g) air services:
(h) air traffic services:
(i) aerodromes and aerodrome operators:
(j) navigation installation providers:
(k) aviation training organisations:
(l) aircraft design, manufacture, and maintenance organisations:
(m) aeronautical procedures:
(n) aviation security services:
(o) aviation meteorological services:
(p) aviation communications services:
(q) any persons, services, or things within any of the classes specified in paragraphs (a) to (p):
(r) such other persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the rules:
(s) any person who is an aviation examiner or medical examiner.
(2) The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, shall be prescribed by rules made under this Act.
(3) Subject to any rules made under this Act, an aviation document may be issued by the Director for such specified period and subject to such conditions as the Director considers appropriate in each particular case.
(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.
Section 7(1)(s): added, on 1 April 2002, by section 6 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 7(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
8 Application for aviation document
(1) Every application for the grant or renewal of an aviation document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.
(2) Every applicant for an aviation document shall include in the application the applicant’s address for service in New Zealand including, where applicable, telephone and facsimile numbers.
(3) It shall be the duty of every holder of an aviation document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.
(4) The Director shall ensure that a record of all information provided under this section is maintained at the Civil Aviation Registry.
(5) Service of any notification under this Act on a holder of, or applicant for, an aviation document shall be effective service if served on the address last provided by that holder or applicant under this section.
Section 8: substituted, on 10 August 1992, by section 5 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 8(2): substituted, on 13 August 1996, by section 5 of the Civil Aviation Amendment Act 1996 (1996 No 91).
9 Grant or renewal of aviation document
(1) After considering any application for the grant or renewal of an aviation document, the Director shall, as soon as is practicable, grant the application if he or she is satisfied that—
(a) all things in respect of which the document is sought meet the relevant prescribed requirements; and
(b) the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—
(i) either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director under subsection (2); and
(ii) is a fit and proper person to have such control or hold the document; and
(iii) meets all other relevant prescribed requirements; and
(ba) in the case of a New Zealand AOC with ANZA privileges,—
(i) the requirements in section 11G(2) are met; and
(ii) the applicant meets or will meet the conditions in section 1 1G(4); and
(c) it is not contrary to the interests of aviation safety for the document to be granted or renewed.
(2) For the purpose of granting or renewing an aviation document, the Director may, subject to any provisions in the rules, accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case.
(3) It shall be a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document continue to satisfy the fit and proper person test specified in subsection (1)(b)(ii).
(4) Where the Director declines to grant an application for the grant or renewal of an aviation document under this section, the applicant may appeal against that decision to a District Court under section 66.
Section 9(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(1)(b)(i): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(1)(b)(iii): amended, on 10 August 1992, by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(1)(ba): inserted, on 30 March 2007, by section 6 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 9(1)(c): added, on 10 August 1992, by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(3): amended, on 13 August 1996, by section 6 of the Civil Aviation Amendment Act 1996 (1996 No 91).
Section 9(3): amended, on 10 August 1992, by section 6(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 9(4): substituted, on 10 August 1992, by section 6(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).
10 Criteria for fit and proper person test
(1) For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, the Director shall, having regard to the degree and nature of the person’s proposed involvement in the New Zealand civil aviation system, have regard to, and give such weight as the Director considers appropriate to, the following matters:
(a) the person’s compliance history with transport safety regulatory requirements:
(b) the person’s related experience (if any) within the transport industry:
(c) the person’s knowledge of the applicable civil aviation system regulatory requirements:
(d) any history of physical or mental health or serious behavioural problems:
(e) any conviction for any transport safety offence, whether or not—
(i) the conviction was in a New Zealand court; or
(ii) the offence was committed before the commencement of this Act:
(f) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:
(g) in the case where a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 1 1G(4).
(2) The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

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