The licensing authority, in this case the Secretary for Transport, grants scheduled international air service licences for foreign airlines planning to operate a scheduled international air service to and from New Zealand. However, these powers are usually exercised under delegated authority by a senior Ministry of Transport official.
Foreign international airlines can apply for an international air services licence.
A foreign international airline is an air transport enterprise belonging to a country or territory other than New Zealand that offers or operates a scheduled international air service or intends to offer or operate one.
A scheduled international air service is a series of flights that transport passengers, cargo or mail between New Zealand and one or more points in any other country or territory. The flights must be:
- regular or frequent enough to be considered a systematic service, even without a published timetable, and
- open to use by members of the public.
Airlines planning to fly between New Zealand and Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, United Arab Emirates, United States of America may do so under an open aviation market licence. Note that for flights to and from Australia, separate criteria apply to airlines that operate under the Single Aviation Market.
Contact us before you apply to discuss the availability of air traffic rights and other relevant matters.
Courier:
The Ministry of Transport
Economic Regulation Team
3 Queens Wharf
Wellington
New Zealand
Post:
The Ministry of Transport
PO Box 3175
Wellington 6140
New Zealand
Email: airservices@transport.govt.nz
Telephone: +64 4 439 9000
These licensing requirements reference the Civil Aviation Act 1990.
There is currently no fee or application form for an international air services licence.
Your application must include information for each service you plan to operate, including:
- the route you will follow, including all places to be served by your route
- the type of aircraft you will operate and, for passenger services, its seating configuration
- how often the service will fly every week
- details of any code-share arrangements
- the airline code and flight numbers to be used on each route
- the date you intend to start the service, and
- any required safety and security certification.
We may also ask you to submit a schedule of full passenger fares.
Proof of ownership and control
You may need to provide evidence of nationality for the airline’s control and either evidence of the airline’s nationality or its principal place of business or incorporation.
Under most bilateral air services agreements, the nationality of the ownership and control of an airline can affect the airline’s entitlement to exercise the rights accorded by the agreement. In some agreements the principal place of business and place of incorporation of the airline may also be relevant.
Proof of safety and security certification
In order to meet aviation safety and security requirements, you must hold a Foreign Air Operator Certificate, unless your application is only for code-sharing on the aircraft of another carrier that has the relevant operating authorisation.
To apply for a certificate you can contact the Manager Flight Operations — Airlines at the Civil Aviation Authority (CAA).
Then fill out an application form and send it together with the fee to the Director of Civil Aviation.
Part 129 Foreign Air Transport Operator Certification
How to contact the CAA
Courier:
Civil Aviation Authority
Level 15, Asteron Centre
55 Featherston Street
Wellington 6011
New Zealand
Post:
PO Box 3555
Wellington 6140
New Zealand
Email: info@caa.govt.nz
Fax: + 64 4 560 9452
Telephone: +64 4 560 9400
If you must have an air operator certificate, we can only grant an international air services licence after the certificate has been issued.
Proof of insurance
Before you start services you must give us proof of insurance. The insurance must cover any liability that may arise from or in connection with the operation of the services in respect of death or bodily injury, or of property damage.
We can ask airlines at any time to supply proof that their insurance is current.
The licensing authority considers the information airlines provide. They may:
- refuse a licence application, or
- grant it wholly or in part, and subject to such conditions as they see fit.
If an airline’s application meets all the requirements, a decision is normally made within 1 week of us receiving the application.
International agreements
The licensing authority must refuse to grant a licence if granting it would be contrary to:
- to the air services arrangements between New Zealand and the country designating the airline, or any other international agreement, convention or arrangement New Zealand is a party to.
Designation
Designation is the official procedure when a government advises its bilateral partners of an airline that can exercise the traffic rights negotiated between them.
To qualify for a scheduled international air service licence, you must have been designated by the government of the country or territory you are based in, in accordance with the relevant provisions of the air services agreement between that government and the New Zealand Government.
You must:
- meet the requirements of the relevant authorities of the other countries or territories concerned
- file a statement of the nature of your services for each IATA schedule period, and update the statement if there are changes.
Public notice a licence has been granted
When a licence is granted, a notice is put in the New Zealand Gazette.
Border agency requirements
All airlines operating services to and from New Zealand must meet the requirements of the New Zealand border agencies.
You must start the services authorised by your licence within 12 months of the date the licence is granted.
If you are granted a scheduled international air service licence, it takes effect from the date stated in the licence and is normally granted for an indefinite period. However, in some circumstances, a licence may be granted for a specified period.
At any time, the licensing authority may amend, suspend or revoke any of the licence terms and conditions or add any new terms or conditions they think are necessary.
How to apply for an amendment to a licence
You can apply to the Secretary of Transport for a licence to be amended.
Licence amendments are subject to these conditions:
- where it is proposed that this power be exercised on the licensing authority’s own motion, the licensing authority must give an airline at least 21 calendar days’ notice in writing of this intention, and
- where the licensee seeks approval for a change or addition in the routes to be operated or points to be served, the licensing authority must apply the same criteria relating to international agreements and safety or security certification that are applied when an application is made for a new licence.
When a licence’s terms or conditions have been varied, notice of the variation, including its terms, is given in the New Zealand Gazette.
How to renew a licence
If your licence has been granted for a specified term, you must apply to renew the licence at least 1 month before the licence expires.
The process is similar to applying for a new licence and must be lodged with the Secretary of Transport.
The renewal application must include the same information that is required when applying for a new licence. The licensing authority must apply the same criteria that are applied when an application is made for a new licence.
The licence renewal starts from the day your previous licence expires. The licence may be renewed for an indefinite or specified term.
When a licence may be suspended or revoked
The Minister of Transport may suspend your licence if they are satisfied you have breached any licence conditions. The Minister may suspend the licence for as long as they like.
The Minister may revoke a licence if:
- you have not started the service authorised by the licence on the date specified in the licence
- the Minister is satisfied that you are not carrying out the service authorised by the licence in a manner that meets the terms and conditions of the licence
- the service authorised by the licence has been terminated
- the licence was granted under or in accordance with a convention, agreement, or arrangement between the New Zealand Government and the Government of any other country and:
- that convention, agreement or arrangement has been terminated or has ceased to bind either government, or
- circumstances have occurred or a condition has been met that means the Minister, or the New Zealand Government, can revoke the licence.