Civil Aviation Act

The Civil Aviation Act 2023 received Royal assent on 5 April 2023.

The Act allows for 24 months of implementation work, and so is expected to commence from 5 April 2025.

For our aviation system users, nothing changes immediately – they will continue to operate as they currently do, under the Civil Aviation Act 1990 and Airport Authorities Act 1966, while the implementation work is underway. Once these Acts are repealed, and the new Act comes into force, users may be required to meet some of the new requirements.

We will be working closely with the Civil Aviation Authority and our aviation sector colleagues to ensure a smooth transition.

Why did the Bill taken so long?

This is a large and complex piece of legislation,  containing over 480 clauses. It was important that this was carefully considered, drafted appropriately and that all aspects were taken into account.

Just Culture

What is Just Culture?

Just Culture is an internationally promoted principle that a person should not be unduly punished for minor and inadvertent infringements of civil aviation law, as a result of openly and honestly reporting safety-related information.

The primary aim of the provisions is to increase the accurate and timely reporting of incidents to the Civil Aviation Authority, to ensure it has the best information to target safety improvements in the aviation system.

For more information about how the CAA applies Just Culture you can visit https://www.aviation.govt.nz/about-us/what-we-do/operational-policies/just-culture-what-it-means-to-the-caa/(external link)

Could the Just Culture protections be open to abuse?

The Just Culture provisions are not a protection against any and all behaviour, nor do they remove accountability. They are not intended to protect individuals or operators who are found to be grossly or wilfully negligent.

The protections in these clauses are focused on creating an atmosphere of trust in which people are encouraged to provide essential safety-related information, but in which they are also clear about where the line must be drawn between acceptable and unacceptable behaviour.

Drug and alcohol regulation

What are the new drug and alcohol provisions under the new Act?

The provisions state that aviation operators identified in future rules and  involved in safety sensitive activities must develop drug and alcohol management plans, which include random testing of safety sensitive workers. The Director of Civil Aviation will also have a power to undertake non notified drug and alcohol testing. The provisions in the Bill have an additional two year transition period once the new Act comes into force.

How does this change from existing regulations?

The Civil Aviation Act 1990 does not currently contain any provisions relating to drug and alcohol regulation. However, Civil Aviation Rules do have a requirement for adventure aviation operators to establish a programme for monitoring and managing risks associated with drug and alcohol use, as well as requirements that crew members are not impaired due to alcohol and drugs.

What workplace safety improvements are expected under the proposed regulations?

The provisions are being implemented to ensure the risks associated with drugs and alcohol are managed, to ensure the safety of passengers and aviation workers.

Independent review of regulatory decisions

What is being introduced around review of regulatory decisions?

The Civil Aviation Act 2023 introduces a process to enable independent review of how the Director has exercised their functions and powers. Independent reviewers will report on their conclusions and may draw attention to certain decisions rather than overrule the Director.

The new Act requires that the reviewer must, as soon as practicable, report their recommendations to the applicant and the Director in writing. The Director must, within 10 days, decide whether they accept any or all of the reviewer’s recommendations and provide written reasons for their decision.

Which decisions will be reviewable?

The new Act allows for the scope of reviewable decisions to be set out in regulations. This enables sector participants to be consulted in the process of determining which decisions will be reviewable.

Why does the independent review of the Director’s regulatory decisions not include decisions concerning medical certificates?

Decisions relating to medical fitness are a specialised, complex, and nuanced area. There is an existing process of referral to the medical convener as the independent expert to advise on decisions relating to medical matters

Airline cooperative arrangements (alliances)

What is the proposed change to authorising Airline cooperative arrangements (alliances)

The new Act contains provisions which provide for a more robust regime for the authorisation of airline cooperative arrangements, including:

• setting an explicit and clear requirement that the Minister assesses whether the arrangements will result in a benefit to the public that would outweight any lessening in competition, taking into account the main and additional purposes of the Act
• providing for a time limit and conditions to be attached to any approval (and for approval to be varied or revoked).

Why is this change being proposed?

The provisions in the Civil Aviation Act 1990 have not kept pace with current business practice in relation to airline cooperative arrangements. In particular, the specific statutory criteria in the Civil Aviation Act 1990 are more suited to assessing agreements on tariffs as opposed to broader cooperative agreements.

Will this change provide for effective competition within the aviation sector?

The changes will ensure a more robust process that will better support statutory decision making regarding airline cooperation, to support an efficient airline industry in the public interest.

Security provisions

What are the proposed changes to aviation security under the Bill?

The new Act will not fundamentally alter current security settings within the aviation sector. Proposed amendments aim to:

• clarify the powers of aviation security officers and ensure they are clear about their authority to act; and
• clarify Avsec’s power to deal with dangerous goods.

Do any of these proposed changes impact individual rights?

The legislation continues to strike a good balance between the rights of individuals, the facilitation of passengers and goods through our airports and the security of New Zealand’s aviation system.

As is normal practice for all legislation, prior to introduction, the Bill was scrutinised by the Ministry of Justice to assess whether it meets Bill of Rights requirements.

Why do we need landside security areas for airports when this is not the case for other public places?

The ability to enable  new temporary landside security areas is to provide an additional tool to respond to imminent security threats. Specifically, this proposal will mean that people entering a specified landside security area can be searched for weapons or prohibited goods.