Article 75. On demand of the persons referred to in Article 71 the pilot-incommand and the other members of the crew of an aircraft are bound to hand over properly for inspection the documents required by or in virtue of this Act. Article 76. CHAPTER VII-FINAL PROVISIONS 1. Further regulations can be made by or in virtue of an Order in Council (a) for the implementation of the provisions of the preceding chapters; (b) for the promotion of the safety and the regularity of air navigation; (c) concerning the construction, the equipment and the use of aerodromes; (d) for the safeguarding of military interests; (e) concerning the customs procedures with respect to persons and goods, including foreign currency and other property, which enter or leave the Netherlands by means of aircraft, including measures to ensure the payment of taxes due on the import and export of goods; (f) concerning the use of helicopters, rockets, parachutes and model aircraft; (g) concerning the training of aeroplane pilots; (h) concerning the flying of kites; (i) concerning the catapulting of aeroplanes; (j) concerning the carriage of animals in aircraft. 2. In addition, the charges for the following can be regulated by or in virtue of an Order in Council: (a) the use of State-owned aerodromes; (b) activities performed by the State; (c) services supplied by the State. Article 77. 1. An offence against a regulation made by or in virtue of an Order in Council pursuant to the first paragraph (e) of Article 76 shall be prosecuted on behalf of Our Minister of Finance before the District Court in the manner referred to in the sixth title of the fourth book of the Code of Criminal Procedure. So long as the accused has not been summoned by or on behalf of Our Minister aforesaid, he can be allowed to effect settlement. 2. Aircraft with which, and goods in respect of which, a regulation as referred to in the first paragraph (e) of Article 76 has been contravened, can be seized for recovery of the penalty by the officials referred to in Article 71 or designated in accordance with Article 71 under c, and can be sold by execution. The things seized shall be handed over to a Collector of Customs or Excise. Article 78. Article 4 of the Code of Criminal Procedure shall be amended as follows: a. the words "or aircraft" shall be inserted each time after the word "vessel"; b. the words "shipping business" shall be replaced by the word "business." Article 79. In Articles 22 (eighth paragraph), 24 (second paragraph), 27 (first paragraph), 37 (first and third paragraphs) and 44 of the Air Accident Act (Statute Book 1936, 522) the words "certificate of competency" shall be replaced each time by the word "licence." Article 80. 1. The Act of July 30, 1926, Statute Book 249 (Aviation Act), shall be repealed. 2. The certificates of registration, certificates of airworthiness, licences and certificates of validation issued under the terms of that Act, insofar as they have not ceased to be valid in virtue of the provisions of that Act, shall remain valid until further arrangements in that respect have been made by Order in Council. 3. The designation of aerodromes shall remain in force with the old legal consequences for three years after the coming into operation of this Act, unless Our Minister revokes the designation at an earlier date. If the revocation is accompanied by simultaneous designation pursuant to this Act, Our Minister can refrain from applying all or part of Articles 20-23 insofar as the new designation relates to land which had already been designated. 4. The preceding paragraph shall be similarly applied to decisions taken concerning obstructive works and actions, pursuant to the Act. referred to in the first paragraph. Article 81. This Act shall come into operation on a date to be determined by Us; We can reserve the right to fix another date on which Article 56 shall come into operation. Article 82. This Act may be cited as the Aviation Act. NEW ZEALAND PRELIMINARY The basic air law of New Zealand is the Civil Aviation Act, 1948, No. 12, as amended by the Civil Aviation Amendment Act, 1955, by the Shipping and Seamen Act, 1952, and by the Samoa Amendment Act, 1957. Section 7 of the Civil Aviation Act, 1948, was repealed by Section 515 (1) of the Shipping and Seamen Act, 1952, and Section 12(4) was repealed by Section 45 (1) of the Samoa Amendment Act, 1957. Administrative matters are regulated by the New Zealand National Airways Act, 1945, No. 12, as amended, which is not reproduced here. The principal Act is found in New Zealand Statutes, 1945, p. 191. The amendments to this Act are as follows: National Airways Amendment Act, 1948, No. 73 (N.Z. Stat. 1948, p. 908); National Airways Amendment Act, 1956, No. 26 (N.Z. Stat. 1956, p. 163), the National Airways Amendment Act, 1957, No. 97 (N.Z. Stat. 1957, p. 942), and the Air Services Licensing Act, 1951, No. 25 (N.Z. Stat. Reprint 1908-1957, vol. 1, p. 177). The National Airways Amendment Act, 1948, No. 73, has been largely repealed or amended by the Air Services Licensing Act, 1951, No. 25. Thus, Sections 2(2), 3 to 12, 15 to 21, and 23, 25, and 26 were repealed by Section 54(1) of the Air Services Licensing Act. Sections 13 (2) and 13 (3) were amended by that Act. Other sections were repealed or amended by the National Airways Amendment Acts of 1956 and 1957 (Sections 24 (1956 Act), 2, 15(1), (2), 17, 24, 27(1) (1957 Act)). The Civil Aviation Act, 1948, No. 12, as amended, is found in New Zealand Statutes Reprint, 1908-1957, vol. 2, p. 107. THE CIVIL AVIATION ACT OF 1948 AS AMENDED 1955, No. 12 (Reprint of the statutes of New Zealand 1908-1957, vol. 2, p. 107) ANALYSIS Title 1. Short title 2. Interpretation 3. Power to give effect to Convention and regulate civil aviation 3A. Minister may establish, maintain, and operate air- 5. Nuisance, trespass and responsibility for damage 8. Power to provide for investigation of accidents 9. General provision as to Orders in Council, etc. 10. Special provisions as to Crown 11. Appointment of Director of Civil Aviation 12. Application of Act to Cook Islands, Western Samoa, and other territories 13. Repeals and savings An Act to provide for the regulation of civil aviation and Title. to give effect to a Convention on International Civil Aviation signed on behalf of the Government of New Zealand at Chicago on the seventh day of December, nineteen hundred and forty-four. [26th August, 1948 BE IT ENACTED by the General Assembly of New Zealand Short Title. in Parliament assembled and by the authority of the same, as follows: 1. This Act may be cited as the Civil Aviation Act, 1948 2. In this Act, unless the context otherwise requires, Interpretation. "Aerodrome" means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration; "Aircraft" means any machine that can derive support in the atmosphere from the reactions of the air; 1 "Air navigation" means the operation of guiding an aircraft from one place to another, and includes the operation of fixing the position of an aircraft when required; "Air traffic" includes the movement of aircraft on an aerodrome; "Convention" means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on the seventh day of December, nineteen hundred and forty-four, and includes the international standards and recommended practices and procedures adopted by the International Civil Aviation Organization, in pursuance of Article 37 of the Convention; "Minister" means the Minister in Charge of Civil Aviation; 2 "New Zealand" includes the Cook Islands, Western Samoa, the Tokelau Islands, and any other territory subject to the protection, trusteeship, or authority of the Government of New Zealand. 1 Definitions of "aerodrome" and "aircraft" were substituted for the original definitions by section 2(1) of the Civil Aviation Amendment Act 1955, No. 40 (October 20, 1955). Definition of "Minister" was inserted by section 2 (2) of the Civil Aviation Amendment Act 1955. Power to give effect to Convention and regulate civil aviation. 3. (1) The Governor-General may from time to time, by Order in Council, make such regulations as appear to him to be necessary or expedient. (a) For carrying out the Convention, any Annex thereto relating to international standards and recommended practices and procedures (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or (b) Generally for regulating civil aviation. (2) Without limiting the general powers hereinbefore conferred, it is hereby declared that regulations may be made under this section making provisions (a) For the licensing, inspection, and regulation of aerodromes, for access to, or for prohibiting or controlling access to, aerodromes and places where aircraft have landed, for access to factories for the purpose of inspecting work therein carried on in relation to aircraft, or parts thereof, or aviation equipment, and for prohibiting or regulating the use of unlicensed aerodromes; (b) For minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air traffic or air navigation, and for prohibiting or regulating the use of any such apparatus; (c) Regulating the display of signs and lights likely to endanger aircraft; (d) Generally for securing the safety, efficiency, and regularity of air traffic and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property, and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph; (e) Regulating the use of the civil air ensign and any other ensign authorized for purposes connected with civil aviation; (f) Prescribing and regulating the charges, fees, or dues to be paid in respect of the use of aerodromes licensed or authorized under the regulations or in respect of the use of any facilities provided or services rendered at those aerodromes or in respect of the use of any facilities established or maintained for the purpose of providing for the safety and efficient operation of aircraft engaged in civil aviation; 3 (g) Prescribing the fees to be paid in respect of the issue, validation, renewal, extension, or variation of any certificate, license, or other document or the undergoing of any examination or test required by In subsection (2), par. (f) was substituted for the original par. (f) by section 3 of the Civil Aviation Act 1955 as of April 1, 1955. |