Cadastral Survey Act 2002

1: Title
This Act is the Cadastral Survey Act 2002.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 June 2002.
3: Purpose
The purpose of this Act is—
a: to promote and maintain the accuracy of the cadastre by—
i: requiring cadastral surveys to be done by, or under the direction of, licensed cadastral surveyors; and
ii: requiring cadastral surveyors to meet standards of competence to be licensed; and
iii: providing for the setting of standards for cadastral surveys and cadastral survey data; and
b: to provide, either on an optional or mandatory basis, for the electronic lodging and processing of cadastral surveys; and
c: to provide for a national geodetic system and a national survey control system to be maintained.
4: Interpretation
In this Act, unless the context otherwise requires,— applicable auditing and assurance standard section 5 Financial Reporting Act 2013 Board section 10 cadastral survey cadastral survey data
a: means information in or derived from cadastral surveys, and related information; and
b: includes survey system information and tenure system information cadastral survey dataset cadastral survey mark cadastre chief executive digital cadastral survey dataset document Official Information Act 1982 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 geodetic system land
a: subsoil, airspace, and water and marine areas; and
b: interests in or over land licensed cadastral surveyor cadastral surveyor
a: licensed as a cadastral surveyor under Part 3
b: deemed to be licensed as a cadastral surveyor under that Part Minister national survey control system plan survey mark survey-system information Surveyor-General section 5 tenure tenure system tenure-system information Section 4 applicable auditing and assurance standard inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 financial statements inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4 generally accepted accounting practice inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
2: Administration
Surveyor-General
5: Surveyor-General
1: A person must be appointed under the Public Service Act 2020
2: No person may be appointed to hold office as Surveyor-General, and no person may be directed under clause 2(1)
a: a licensed cadastral surveyor; or
b: a registered surveyor under the Survey Act 1986; or
c: entitled to practise cadastral surveying outside New Zealand.
3: The office of Surveyor-General may be held in conjunction with the office of chief executive.
4: However, a chief executive who has, at any time, been appointed to the office of chief executive in accordance with a direction given under clause 3(15)(a) 1986 No 123 s 7 Section 5(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 5(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 5(4) amended 7 August 2020 section 135 Public Service Act 2020
6: Deputy Surveyor-General
1: A person must be appointed under the Public Service Act 2020
2: The Deputy Surveyor-General has and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General.
3: The Deputy Surveyor-General has and may exercise all the functions, duties, and powers of the Surveyor-General while—
a: there is a vacancy in the office of the Surveyor-General; or
b: the Surveyor-General is absent from duty. 1986 No 123 s 8 Section 6(1) amended 7 August 2020 section 135 Public Service Act 2020
7: Functions and duties of Surveyor-General
1: The functions and duties of the Surveyor-General are—
a: to maintain a national geodetic system:
b: to maintain a national survey control system:
c: to determine how the spatial extent (including boundaries) of interests under a tenure system must be defined and described, by setting standards under section 49
d: to advise the Board of any significant failures by cadastral surveyors to comply with the standards referred to in paragraph (c):
e: to set standards for integrating new cadastral surveys into the cadastre by the chief executive:
f: to set standards for the structure, storage, and provision of cadastral survey data by the chief executive:
g: to set standards for determining when cadastral survey datasets may be used to define interests under tenure systems:
ga: to issue guidelines about standards set by the Surveyor-General under this Act:
h: to provide advice to agencies or officers responsible under any enactment for tenure systems on matters relating to the spatial definition of interests under those systems:
i: to undertake research and liaise with persons and organisations for the purposes of his or her functions:
j: to audit compliance by cadastral surveyors with the standards referred to in paragraph (c):
k: to audit the exercise of the chief executive's functions under section 9(a), (d), and (e)
l: to perform any other functions conferred on him or her by this Act, any other enactment, or the Minister.
2: In exercising his or her functions, the Surveyor-General must have regard to—
a: the risks to the Crown and owners of interests in land of inaccuracies in cadastral surveys; and
b: the efficiency and effectiveness of measures to manage risks to the accuracy of cadastral surveys; and
c: the efficiency with which the costs and benefits of those measures will be allocated among the Crown, cadastral surveyors, current and future owners of land, and other parties; and
d: the use of cadastral survey data for purposes other than cadastral surveys.
3: Guidelines issued under section 7(1)(ga) do not have legal effect. 1986 No 123 s 11 Section 7(1)(ga) inserted 30 August 2016 section 12(2) Canterbury Property Boundaries and Related Matters Act 2016 Section 7(3) inserted 30 August 2016 section 12(3) Canterbury Property Boundaries and Related Matters Act 2016
8: Delegation of Surveyor-General's functions, duties, and powers
1: The Surveyor-General may delegate any of his or her functions, duties, and powers under this Act (except this power of delegation) to any employee of the chief executive or to any other suitable person.
2: A delegation may be made to a specified person or to persons of a specified class, or to the holder or holders of a specified office.
3: A delegation is revocable in writing at any time.
4: No delegation affects or prevents the exercise of any power or the performance of any duty by the Surveyor-General, nor does it affect the responsibility of the Surveyor-General for the actions of a person acting under the delegation.
5: A delegation continues in force according to its tenor despite any change in the person holding office as the Surveyor-General.
6: Subject to any general or special directions given by the Surveyor-General, the person to whom any powers or duties are delegated may exercise those powers or perform those duties in the same manner and with the same effect as if they had been conferred on the person directly and not by delegation.
7: In the absence of proof to the contrary, a person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms. 1986 No 123 s 12 Section 8(4) substituted 15 December 2005 section 3 Cadastral Survey Amendment Act 2005 Chief executive
9: Functions of chief executive
For the purposes of this Act, the functions of the chief executive are—
a: to determine whether cadastral survey datasets and cadastral surveys comply with standards set under section 7(1)(c)
b: to provide facilities to receive cadastral survey datasets:
c: to set conditions for the use of the facilities referred to in paragraph (b):
d: to integrate new cadastral surveys into the cadastre:
e: to determine the structure of, and to store and provide access to, cadastral survey data:
f: to audit compliance with conditions set under paragraph (c):
g: to exercise any other functions conferred on the chief executive by this Act or the Minister. Cadastral Surveyors Licensing Board of New Zealand
10: Cadastral Surveyors Licensing Board of New Zealand
1: The Cadastral Surveyors Licensing Board of New Zealand is established.
2: The Board is a body corporate with perpetual succession. 1986 No 123 s 13(1)
11: Functions and duties of Board
1: The functions and duties of the Board are—
a: to maintain a register of cadastral surveyors licensed under this Act:
b: to receive applications for licences under this Act as cadastral surveyors and to issue licences in proper cases:
c: to set fees for the issue and renewal of licences under this Act:
d: to issue and update standards that persons applying for licences, or the renewal of licences, under this Act must meet:
e: to investigate complaints about cadastral surveyors and take disciplinary action in appropriate cases under this Act:
f: to provide statistical information to the Minister about cadastral surveyors as requested by the Minister:
g: to perform any other functions or duties conferred on it by this Act or any other enactment.
2: Fees set under subsection (1)(c) must be set to cover only the cost of the functions of the Board.
3: For the purposes of subsection (1)(d),—
a: the standards must relate to the competencies required by cadastral surveyors to meet the standards set by the Surveyor-General under section 7(1)(c)
b: the standards must also relate to the legislative requirements for the subdivision of land to the extent that they are relevant to cadastral surveying:
c: the standards must take into account any assignments for the Survey Board of New Zealand begun by applicants before the commencement of this Act for completion after the commencement of this Act:
d: the Board may conduct, or arrange for the conduct of, examinations for the purpose of determining whether persons proposing to apply or applying for licences under this Act meet the standards set under subsection (1)(d).
4: The Board must, from time to time, for the purpose of setting standards under subsection (1)(d), consult the Surveyor-General about the competencies required by licensed cadastral surveyors to meet standards for cadastral surveying set by or under this Act.
5: For the purposes of subsection (1)(d), the Board may, before issuing standards under that provision, adopt and apply the competencies that applied, immediately before the commencement of this Act, to the registration of surveyors.
6: The following are secondary legislation ( see Part 3
a: an instrument that sets fees under subsection (1)(c):
b: standards issued or updated under subsection (1)(d). 1986 No 123 s 14 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Powers of Board
1: For the purpose of performing its functions and duties, the Board—
a: has full capacity to undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), has full rights, powers, and privileges.
2: Subsection (1) applies subject to this Act, any other enactment, and the general law.
3: The capacity, rights, powers, and privileges of the Board are not affected by a vacancy in its membership.
13: Membership of Board
1: The membership of the Board consists of—
a: 5 members appointed by the Minister in accordance with subsection (2); and
b: the Surveyor-General.
2: The Minister must, by notice in the Gazette
a: 2 persons, of whom—
i: at least 1 is or has been a licensed cadastral surveyor; and
ii: both have been nominated by a body or bodies representing licensed cadastral surveyors; and
b: 2 persons who are or have been licensed cadastral surveyors and who have not been nominated by a body or bodies representing licensed cadastral surveyors; and
c: 1 person who is not and never has been a licensed cadastral surveyor and who is not employed in, and does not represent, the surveying profession.
3: The Board must elect one of the persons appointed under subsection (1)(a) to be the chairperson of the Board.
4: In this section, licensed cadastral surveyor 1986 No 123 s 13(2)
14: Further provisions relating to Board and its members
Schedule 1
15: Liability of members and employees
No member or employee of the Board is personally liable for any—
a: liability of the Board; or
b: act done or omitted to be done by the Board, or any member or employee of the Board, in good faith in the performance or intended performance of the functions, duties, or powers of the Board.
16: Application of fees received by Board
1: All money paid to the Board under this Act must be paid into a bank account as determined by the Board.
2: The money may be applied only to the payment of any expenditure incurred by the Board in the performance of its functions and duties or the exercise of its powers.
3: The Board may invest any money for the time being not required for any of the purposes referred to in subsection (2) in accordance with the Trusts Act 2019 1986 No 123 s 76 Section 16(3) amended 30 January 2021 section 161 Trusts Act 2019
17: Fees and allowances
There may be paid out of the funds of the Board to members of the Board and any committee appointed by the Board remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the framework determined by the Government for the remuneration of statutory and other bodies. 1986 No 123 s 20
18: Unauthorised expenditure
The Board may, in any financial year, expend for purposes not authorised by any Act or law any sum or sums not amounting in total to more than $500. 1986 No 123 s 78
19: Accounting records must be kept
1: The Board must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the Board; and
b: will enable the Board to ensure that the financial statements of the Board comply with this Act; and
c: will enable the financial statements of the Board to be readily and properly audited.
2: The Board must establish and maintain a satisfactory system of control of those accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 19 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
19A: Financial statements must be prepared
The Board must ensure that, within 5 months after the end of the financial year ending on 30 June, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Board and that financial year; and
b: dated and signed on behalf of the Board by 2 members of the Board. Section 19A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
19B: Financial statements must be audited
1: The Board must ensure that the financial statements of the Board are audited by a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
2: See sections 37 to 39 Financial Reporting Act 2013
3: The auditor must, in carrying out an audit for the purposes of subsection (1)
4: The auditor's report must comply with the requirements of all applicable auditing and assurance standards. Section 19B inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
20: Annual report
1: The Board must, in each year, make a report to the Minister on the performance of its functions and duties and the exercise of its powers.
2: The report must contain a copy of the Board's audited financial statements
3: The Board must—
a: notify, in writing, all cadastral surveyors—
i: that it has made its annual report to the Minister; and
ii: specifying how they can obtain the annual report; and
b: make a copy of its annual report available to all cadastral surveyors.
4: The Board complies with subsection (3)(b) if it publishes its annual report on the Internet. 1986 No 123 s 21 Section 20(2) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
3: Licensing of cadastral surveyors
21: Register of cadastral surveyors
1: The Board must maintain a register of cadastral surveyors who hold current licences issued under this Part.
2: The Board must enter in the register the name and address of every person who holds a current licence issued under this Part, and make any other entries that may be required, permitted, or directed to be entered by or under this Part.
3: The register must be open for public inspection during ordinary office hours at the place where it is kept.
4: The Board must, on payment of the prescribed fee (if any), supply—
a: a licence to a cadastral surveyor whose name is entered in the register; and
b: a certified copy of any entry in the register to any person requesting it.
5: The Board may—
a: cause the register or any part of it to be published in the form, whether abbreviated or not, that it thinks fit; and
b: charge any person who wishes to purchase a copy of the register or part of the register.
6: The fee charged under subsection (5)(b) must be not more than the fee that may be charged by a department of State for providing information under the Official Information Act 1982 1986 No 123 s 35
22: Entitlement of applicant for licence
1: A person, on payment of the prescribed fee, is entitled to be licensed as a cadastral surveyor if the person satisfies the Board—
a: that he or she meets the Board's standards for the licensing of cadastral surveyors; and
b: that he or she is not precluded from holding a licence because of an order made by the Board under section 39
2: This section applies subject to section 23 1986 No 123 s 37
23: Character of applicant
1: A person must not be licensed under this Part if the person has, within 5 years before applying to be licensed under this Part, been convicted of an offence under any of sections 217 to 281
2: Subsection (1) does not apply if the District Court makes an order exempting the person from that subsection.
3: An order may be made on the terms and conditions (if any) that the court thinks fit.
24: Applications for licence
Every application for a licence under this Part must be made to the Board and must be in the form and contain the information required by the Board. 1986 No 123 s 39
25: Board to consider applications
1: The Board must consider an application for a licence under this Part as soon as practicable after the Board receives the application.
2: In considering an application for a licence, the Board must—
a: observe the rules of natural justice; and
b: without limiting paragraph (a), give the applicant—
i: notice of any matter that might result in his or her application being declined; and
ii: a reasonable opportunity to make submissions to the Board on the matter. 1986 No 123 s 41
26: Board to license applicant or decline application
1: If, after considering an application, the Board is satisfied that the applicant is entitled to be licensed under this Part, the Board must—
a: license the applicant; and
b: notify the applicant that he or she is licensed.
2: If, after considering an application, the Board is not satisfied that the applicant is entitled to be licensed as a cadastral surveyor, the Board must notify the applicant—
a: of its decision and the reasons for it; and
b: of the applicant's right to appeal against the decision.
27: Duration of licence
1: A licence must specify the date of its expiry.
2: The date of expiry must not be later than 3 years after the date of the issue or renewal of the licence.
3: A licence continues in force until the close of the date of its expiry unless sooner suspended or cancelled under this Part.
28: Renewal of licence
1: A licensed cadastral surveyor, on payment of the fee set by the Board, is entitled to a renewal of his or her licence if the Board is satisfied that the cadastral surveyor complies with the current standards for cadastral surveyors issued by the Board.
2: An application for renewal of a licence must not be made earlier than 3 months before the licence's date of expiry.
3: If an application to renew a licence is made before the licence's date of expiry but the licence has not been renewed before that date, the licence continues in force until the application is determined.
29: Cadastral surveyor to notify change of business address
1: A licensed cadastral surveyor who changes his or her business address must, within 3 months after the change, notify the Board of his or her new address.
2: The Board must enter the new address in the register. 1986 No 123 s 43
30: Amendment of register on change of name and removal of name on request
1: If the Board is satisfied that a licensed cadastral surveyor has changed his or her name or that the name of a licensed cadastral surveyor is incorrectly stated in the register, the Board must correct any entry in the register relating to the cadastral surveyor.
2: The Board may at any time, if it thinks fit, on the written application of a licensed cadastral surveyor, remove the name of the cadastral surveyor from the register. 1986 No 123 s 45
31: Offences relating to licences
Every person commits an offence and is liable on
a: either orally or in writing, makes any declaration or representation that to his or her knowledge is false or misleading in a material particular; or
b: produces to the Board or makes use of any document, knowing it to contain any such declaration or representation; or
c: produces to the Board or makes use of any document, knowing that it is not genuine. 1986 No 123 s 46 Section 31 amended 1 July 2013 section 413 Criminal Procedure Act 2011
32: Transitional provision: registered surveyors
1: Every person who, immediately before this Act comes into force, was registered under the Survey Act 1986
a: be treated as if he or she held a licence issued under this Part with an expiry date of 30 June 2003; and
b: be entered in the register of cadastral surveyors; and
c: pay to the Board, for the purposes of this section, the amount determined by the Board.
2: The amount determined by the Board under subsection (1)(c) must—
a: be paid by a date determined by the Board; and
b: not exceed the fee payable under section 47(4) of the Survey Act 1986
3: A person who does not pay the amount determined by the Board by the date determined by the Board must be treated from that date as not holding a licence under subsection (1)(a). 1986 No 123 s 36
33: Transitional provision: applications to be registered surveyor
1: This section applies to a person who, before the commencement of this Act,—
a: had qualified to sit the examinations specified in regulations 6 and 7(1)(b) of the Surveyors Professional Regulations 1977
b: had applied to the Survey Board of New Zealand to sit the examinations.
2: The person may continue to sit the examinations and to complete, before 30 June 2003, the other requirements for a certificate of competency under the Surveyors Professional Regulations 1977
3: The members of the Survey Board of New Zealand holding office at the commencement of this Act must—
a: conduct the examinations referred to in subsection (1), and do everything else necessary to determine whether a certificate of competency should be issued to the person; and
b: issue a certificate of competency to the person if the person satisfies the members about the matters specified in regulation 3 of the Surveyors Professional Regulations 1977
c: advise the Cadastral Surveyors Licensing Board of New Zealand accordingly.
4: On receiving advice under subsection (3), the Cadastral Surveyors Licensing Board of New Zealand must—
a: enter the name of the person concerned in the register of cadastral surveyors; and
b: issue a licence to the person.
5: This section applies subject to section 23
6: For the purposes of this section, the Surveyors Professional Regulations 1977 continue to apply as if they had not been revoked by this Act.
4: Discipline
34: Interpretation
In this Part, unless the context otherwise requires,— licensed cadastral surveyor cadastral surveyor professional misconduct Schedule 2 Section 34 substituted 27 March 2008 section 4 Cadastral Survey Amendment Act 2008
35: Complaints of professional misconduct
1: The Board may receive complaints alleging that—
a: a licensed cadastral surveyor has been guilty of professional misconduct:
b: a licensed cadastral surveyor is not entitled to be a licensed cadastral surveyor.
2: Any person may make a complaint, including—
a: any member of the Board:
b: any person in the service of the Crown acting in his or her official capacity.
3: On receipt of a complaint, the Board—
a: must inform the cadastral surveyor concerned of the complaint; and
b: may proceed to investigate the complaint.
4: For the purposes of an investigation, the Surveyor-General or the chief executive
5: As soon as practicable after receiving the complaint or completing an investigation of the complaint, as the case may be, the Board must decide whether to accept or decline the complaint.
6: The Board must, immediately after making a decision under subsection (5), give written notice of the decision to the person who made the complaint and the cadastral surveyor concerned. 1986 No 123 s 49 Section 35(4) amended 27 March 2008 section 5 Cadastral Survey Amendment Act 2008
36: Vexatious or trivial complaints
The Board is not required to investigate, and may decline to accept, a complaint that the Board considers vexatious or trivial.
37: Procedure if Board accepts complaint
1: If the Board accepts a complaint, the Board must, in the notice to the cadastral surveyor concerned given under section 35(6)
a: state that the Board has reason to believe that 1 or more grounds exist entitling it to exercise its disciplinary powers under section 39
b: provide particulars that will clearly inform the cadastral surveyor of the ground or grounds; and
c: specify a date, being not less than 28 days after the service of the notice, on which the Board intends to hear the matter.
2: The notice may also require the cadastral surveyor to notify the Board in writing, not later than 14 days before the date proposed for the hearing, whether or not he or she intends to appear before the Board at the hearing.
3: If the cadastral surveyor fails to notify his or her intention under subsection (2), the cadastral surveyor is entitled to appear and be heard only on any conditions as to the payment of costs and expenses or otherwise as the Board thinks fit. 1986 No 123 s 50(1)–(4)
38: Hearing of complaint
1: In hearing a complaint against a licensed cadastral surveyor, the Board—
a: must observe the rules of natural justice; and
b: may receive evidence even though it would not be admissible in a court of law.
2: A member of the Board must not act as a member of the Board when it is hearing a complaint if the member—
a: made the complaint; or
b: has a conflict of interest; or
c: is the Surveyor-General.
3: The hearing of the complaint is not open to the public unless the Board otherwise directs.
4: The Board's decision on the hearing of the complaint is the decision of the majority of members present at the hearing.
5: An order of the Board made under section 39
a: be recorded in writing; and
b: contain a statement of the reasons on which the order is based; and
c: contain a clear statement—
i: of the cadastral surveyor's right to appeal against the order; and
ii: the time within which notice of an appeal must be given; and
d: be signed by the Chairperson.
6: An order made in accordance with subsection (5)—
a: must be served on the cadastral surveyor; and
b: takes effect from—
i: the date it is served on the cadastral surveyor; or
ii: a later date (if any) specified by the Board in the order. 1986 No 123 s 50(6)–(12)
39: Disciplinary powers of Board
1: This section applies if the Board, after conducting a hearing in accordance with this Part, is satisfied that a licensed cadastral surveyor—
a: has been convicted, whether before or after the cadastral surveyor became licensed, by any court in New Zealand of an offence against any of sections 217 to 281
b: has been guilty of professional misconduct.
2: The Board may do 1 or more of the following:
a: order that the cadastral surveyor's licence be cancelled and the name of the cadastral surveyor be removed from the register:
b: order that the cadastral surveyor's licence, and his or her entitlement to obtain a renewal of the licence, be suspended for a period not exceeding 3 years:
c: order that the cadastral surveyor may, for a period not exceeding 3 years, practise but only subject to any conditions as to employment, supervision, relevant training or education, or otherwise that the Board may specify in the order.
3: The Board may order the cadastral surveyor concerned to pay any costs and expenses of, and incidental to, the hearing or any investigation conducted under section 35
4: The Board must not make an order in respect of any offence committed by any person before the date on which he or she became licensed if, at that date, the Board was aware of his or her conviction in respect of the offence.
5: While any order of suspension of a licence remains in force, the person is to be treated for the purpose of this Act as not being licensed but, on the expiry of the order, the person's rights and privileges as a licensed cadastral surveyor are revived as from the date of expiry.
6: In an order under this section directing the name of any person to be removed from the register, or in any subsequent order of the Board, the Board may fix a time after which the person whose name has been removed may apply for a licence.
7: The Board, on hearing the application, may order that the name of the applicant be restored to the register, and may order that the person may, for a period not exceeding 3 years, practise but only subject to any conditions as to employment, supervision, or otherwise that the Board may specify in the order.
8: All costs and expenses payable under this section are recoverable as debts due to the Board. 1986 No 123 s 51
40: Powers and rights of Board and persons involved in proceedings of Board
1: The Board has and may exercise, for the purposes of any hearing under section 38 sections 4 4B 4D to 8
2: Sections 4 4B 4D to 8 section 38
3: A cadastral surveyor in respect of whom a hearing is conducted under section 38
4: The Board has, in relation to any hearing under section 38 1986 No 123 s 52
41: Appeals from decisions of Board
1: This section applies to a person who is dissatisfied with the whole or any part of—
a: any decision of the Board relating to an application by the person for a licence:
b: any decision by the Board under section 35 section 36
c: any order of the Board under section 39
2: The person may, within 28 days after notice of the decision or order has been communicated to him or her by the Board or within any further time that the District Court may allow on application made before or after the expiration of that period, appeal to the District Court against the decision or order, as the case may be.
3: The court must, as soon as practicable, hear the appeal, and may confirm, reverse, or modify the decision of the Board, or may refer the matter back to the Board in accordance with rules of court, and may give any decision that the Board could have given in respect of the matter.
4: This section does not give the court power to review any part of the Board's decision other than the part against which the appellant has appealed.
5: Subject to any order of the court, every decision or order of the Board against which an appeal is lodged continues in force and has effect according to its tenor pending the determination of the appeal.
6: On any appeal under this section, the court may make an order for the payment by the Board, or by the appellant, of the costs incurred in respect of the appeal by the other party to the appeal.
7: The decision of the District Court on any such appeal is final. 1986 No 123 s 53
42: Suspensions and conditions must be entered in register
1: The Board must enter in the register at the entry for the appropriate cadastral surveyor the fact that any suspension or condition of practice has been imposed upon him or her under section 39
2: An entry made in the register under subsection (1) must be removed on the expiry of the period of suspension or the lifting of the suspension by the Board or the District Court. 1986 No 123 s 54
43: Surrender of licences
1: A cadastral surveyor whose licence is cancelled or suspended under this Part must, within 14 days after the date on which written notice of the cancellation or suspension has been given to him or her, deliver to the Board the current licence issued to him or her under this Act.
2: Every person commits an offence and is liable on Section 43(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
44: Publication of orders
1: This section applies to—
a: a decision or order made by the Board under section 39
b: an order made by any court in respect of any appeal under section 41
2: The Board may publish a notice stating the effect of the decision or order in the Gazette 1986 No 123 s 56
45: Copies of rules and procedures to be made available on request
The Board must, if requested by any person, provide to the person a copy of the rules and procedures relating to disciplinary matters under this Part.
46: Transitional provision
Complaints, investigations, hearings, proceedings, and other matters begun but not completed under the Survey Act 1986 before the commencement of this Act may be continued and completed by the Board as if the Survey Act 1986 had not been repealed by this Act.
5: Conduct of cadastral surveys
47: General duties in relation to cadastral surveys
1: A cadastral survey must be conducted by a cadastral surveyor or a person acting under the direction of a cadastral surveyor.
2: In conducting a cadastral survey, a cadastral surveyor or a person acting under his or her direction must comply with this Part and any regulations, standards, and rules made under it.
3: A cadastral surveyor is responsible for a cadastral survey conducted by a person acting under his or her direction.
4: Subsection (2) applies subject to subsection (5) and section 224
5: If the Surveyor-General considers in a particular case that compliance with the requirements of any standards or rules under this Part is impractical or unreasonable, the Surveyor-General may—
a: grant an exemption from the requirements; or
b: specify alternative requirements.
6: Compliance with alternative requirements must be treated as compliance with subsection (2). Section 47(4) amended 12 November 2018 section 250 Land Transfer Act 2017
48: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring cadastral surveyors to provide cadastral survey datasets, or specified parts or classes of cadastral survey datasets, to the chief executive as digital cadastral survey datasets.
2: The Minister must not make a recommendation under subsection (1) unless the Minister has consulted the body or bodies representing cadastral surveyors.
2A: A cadastral surveyor must comply with regulations made under subsection (1) unless the chief executive has determined that it is impractical or unreasonable to provide or receive a cadastral survey dataset, or specified parts or classes of cadastral survey datasets, as digital cadastral survey datasets for the purposes of subsection (1).
3: The Governor-General may, by Order in Council, make regulations prescribing—
a: the matters in respect of which fees or charges are payable for—
i: the exercise of the functions, duties, and powers of the Surveyor-General under this Act:
ii: the exercise of the functions, duties, and powers of the chief executive under this Act:
iii: the provision of facilities and services by the chief executive in relation to the administration of this Act:
b: the amounts of those fees or charges, or the method or rates by which they are to be assessed:
c: the persons liable for payment of those fees or charges:
d: the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived:
e: the manner in which the fees or charges are to be paid.
4: The Survey (Departmental Fees and Charges) Regulations 1998
a: continue in force as if they had been made under subsection (3); and
b: may be amended or revoked as if they had been made under subsection (3).
5: The following are secondary legislation ( see Part 3
a: regulations under this section:
b: an amendment or a revocation under subsection (4)(b). 1986 No 123 s 80 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(2A) inserted 27 March 2008 section 6 Cadastral Survey Amendment Act 2008 Section 48(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
49: Surveyor-General may make rules about conduct of cadastral surveying
1: The Surveyor-General may
a: standards for the conduct of cadastral surveys (including the use of survey marks
b: standards for cadastral survey datasets.
2: Before making any rules under this section, the Surveyor-General must consult—
a: the Board in relation to rules that have implications for the standards set by the Board under section 11(1)(d)
b: the body or bodies representing cadastral surveyors; and
c: if the standards will affect a tenure system, the agency or officer responsible for the tenure system.
3: Before making rules under this section, the Surveyor-General must have regard to the following matters:
a: the extent to which the proposed standards will promote the purpose of any tenure system:
b: the costs and benefits of consistency in standards relating to more than 1 tenure system:
c: the costs and benefits of maintaining the accuracy of the cadastre:
d: the costs involved in cadastral surveys and cadastral survey datasets complying with the proposed standards:
e: maintaining public confidence in the cadastre.
4: Rules made under this section—
a: apply subject to regulations made under this Part.
b:
5: The Surveyor-General must—
a: notify rules made under this section in a publication of a body referred to in subsection (2)(b).
b:
6: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 49(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(1)(a) amended 15 December 2005 section 4 Cadastral Survey Amendment Act 2005 Section 49(4)(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(5)(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 49(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
50: Transitional provision: Surveyor-General's rules
Section 50 expired 2 June 2003 section 51
51: Expiry of section 50
Section 50
52: Correction of errors in survey
1: If an error is found in a cadastral survey dataset affecting any title under the Land Transfer Act 2017 , or arrange to be undertaken, within a time that the Surveyor-General considers reasonable
2: Subsection (1) does not limit—
a: the powers granted in sections 7 46
b: the powers of the Registrar under section 21 section 226
c: the powers of any court under any enactment.
3: In subsection (1), cadastral surveyor Section 52(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 52(1) amended 27 March 2008 section 7(1)(a) Cadastral Survey Amendment Act 2008 Section 52(1) amended 27 March 2008 section 7(1)(b) Cadastral Survey Amendment Act 2008 Section 52(2)(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 52(3) added 27 March 2008 section 7(2) Cadastral Survey Amendment Act 2008
53: Powers of entry for cadastral survey purposes
1: A cadastral surveyor authorised either generally or specifically by the Surveyor-General may, for the purpose of conducting a cadastral survey or the installation of a survey mark,—
a: enter and re-enter any land at reasonable times, with or without any assistants, aircraft, boats, vehicles, appliances, machinery, and equipment that are reasonably necessary for the conduct of the cadastral survey or to install the survey mark; and
b: on any land, do all things necessary or required of him or her for the proper conduct of the cadastral survey or the installation of the survey mark.
2: Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers.
3: Subsection (1) does not confer on any person the power to enter any dwellinghouse or other building unless the entry is authorised by a warrant given by a District Court Judge on written application on oath, which must not be granted unless the Judge is satisfied that reasonable efforts have been made to obtain consent to the entry and that the entry is necessary for the purpose of conducting a cadastral survey.
4: A person exercising any power under subsection (1) must produce evidence of his or her identity and authority to exercise the powers conferred by this section—
a: if practicable on first entering the land or premises; and
b: whenever subsequently reasonably requested to do so. 1986 No 123 s 61
6: Offences and penalties
54: Obstruction of cadastral surveyor
Every person commits an offence and is liable on
a: performing the cadastral surveyor's duties and functions in relation to a cadastral survey; or
b: ascertaining or marking out a boundary or cadastral survey line; or
c: fixing, placing, restoring, repairing, or setting up a cadastral survey mark. 1986 No 123 s 66 Section 54 amended 1 July 2013 section 413 Criminal Procedure Act 2011
55: Interference with
1: Every person commits an offence and is liable on
a: for the control of cadastral surveys; or
b: for the purposes of any cadastral survey conducted under, or for the purposes of, this Act or another Act.
2: Every person commits an offence and is liable on
3: Every person who is convicted of an offence against subsection (1) or subsection (2) is also liable to pay the costs (including any associated cadastral survey costs) of repairing, replacing, or restoring to its proper position, or restoring the markings on, the survey mark
4: The costs in subsection (3) are—
a: the costs as assessed by a District Court Judge; and
b: recoverable as if they were a fine.
5: This section does not apply to anything done with the prior written approval of the Surveyor-General.
6: The Surveyor-General may give approval under subsection (5) subject to any terms and conditions that the Surveyor-General thinks fit relating to—
a: repairing, replacing, or restoring to its proper position, or restoring the markings on, a
b: making payment for any of those things to be done. 1986 No 123 s 67 Section 55 heading amended 15 December 2005 section 5(1) Cadastral Survey Amendment Act 2005 Section 55(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(3) amended 15 December 2005 section 5(2) Cadastral Survey Amendment Act 2005 Section 55(6)(a) amended 15 December 2005 section 5(3) Cadastral Survey Amendment Act 2005
56: False cadastral survey marks
Every person commits an offence and is liable on
a: that is not a cadastral survey mark properly placed; and
b: with the intention of causing any person to believe that it is a cadastral survey mark placed in that position for the purposes of a cadastral survey. 1986 No 123 s 69 Section 56 amended 1 July 2013 section 413 Criminal Procedure Act 2011
57: Unlicensed persons not to act as licensed cadastral surveyors
1: Every person commits an offence and is liable on
2: However, subsection (1) does not apply to anything done under the authority of another enactment by a person who is not a licensed cadastral surveyor. 1986 No 123 s 70 Section 57(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Offences relating to terms implying person is licensed cadastral surveyor
Every person commits an offence and is liable on
a: not being a licensed cadastral surveyor, uses, or causes or permits to be used, written words, titles, or initials, or an abbreviation of words, titles, or initials, that are intended to cause or may reasonably cause a person to believe that the person using them is a licensed cadastral surveyor or is qualified to act as a licensed cadastral surveyor:
b: knowing that another person is not licensed under this Act, and with intent to deceive, makes a statement or does an act calculated to suggest that the other person is a cadastral surveyor or is licensed under this Act; or
c: with intent to deceive, makes use of a licence issued to him or her or to another person under this Act. 1986 No 123 s 71 Section 58 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences
59: Infringement offences
In sections 60 to 63 infringement fee infringement offence sections 54 to 57
60: Commission of infringement offence
If any person is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 61 Section 60(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
61: Infringement notices
1: If the chief executive has reasonable cause to believe that a person has committed an infringement offence, an infringement notice in respect of the offence may be served on the person.
2: An infringement notice may be served—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post addressed to the person at the person's last known place of residence or business.
3: An
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that are prescribed.
5: If an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 61(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
62: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Section 62 amended 25 January 2005 section 65R(3) Public Finance Act 1989
63: Regulations
1: The Governor-General may, by Order in Council, make regulations prescribing the form of infringement notices, and any other particulars to be contained in infringement notices.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 63(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Dissolution of Survey Board of New Zealand and New Zealand Institute of Surveyors
64: Dissolution of Survey Board of New Zealand
1: In this section,— new Board section 10 old Board
2: On and from the commencement of this Act,—
a: the old Board is dissolved:
b: all property belonging to the old Board vests in the new Board:
c: all money payable to or by the old Board becomes payable to or by the new Board:
d: all liabilities, contracts, engagements, rights, and authorities of the old Board become the liabilities, contracts, engagements, rights, and authorities of the new Board:
e: all proceedings by or against the old Board may be continued, completed, or enforced by or against the new Board.
65: Dissolution of New Zealand Institute of Surveyors
1: Despite section 68(2) Institute
2: The Institute must, as soon as practicable after this Act comes into force, nominate, by notice in the Gazette society Incorporated Societies Act 1908
3: On a date appointed by the Governor-General by Order in Council,—
a: the Institute is dissolved:
b: all property belonging to the Institute vests in the society:
c: all money payable to or by the Institute becomes payable to or by the society:
d: all liabilities, contracts, engagements, rights, and authorities of the Institute become the liabilities, contracts, engagements, rights, and authorities of the society:
e: every employee of the Institute becomes an employee of the society on the same terms and conditions as applied immediately before becoming an employee of the society:
f: all proceedings by or against the Institute may be continued, completed, or enforced by or against the society.
4: The employment agreement of an employee who becomes an employee of the society under subsection (3)(e) is to be treated as not having been broken, and the employee is not entitled to any payment or benefit because the employee becomes an employee of the society under that provision.
5: In this section, property
a: means every type of property; and
b: includes—
i: every type of estate and interest in property; and
ii: money.
6: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65(3) 26 July 2002 clause 2 Cadastral Survey (Dissolution of New Zealand Institute of Surveyors) Order 2002 Section 65(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Miscellaneous
66: Certification of plans and descriptions
If a certified cadastral survey dataset or description is required for any purpose, a cadastral survey dataset or description containing a statement that it has been certified for that purpose by the Surveyor-General and authenticated by the Surveyor-General is, in the absence of proof to the contrary, sufficient evidence that the cadastral survey dataset or description has been certified by the Surveyor-General. 1986 No 123 s 73
67: Certificate by or on behalf of Board to be evidence of being licensed, etc
A certificate given by or on behalf of the Board to the effect that a person was or was not a licensed cadastral surveyor under this Act or under any previous Act at any time or during any period specified in the certificate, or as to any entry in the register of cadastral surveyors or as to any act or proceeding of the Board, is sufficient evidence of the matters specified in it, in the absence of evidence to the contrary. 1986 No 123 s 74
68: Consequential amendments and repeals
1: The Acts specified in Schedule 4
2: The enactments specified in Part 1
3: The regulations specified in Part 2
4: All surveys, matters, and proceedings commenced under the Survey Regulations 1998 that were pending or in progress on the commencement of this Act—
a: may be continued, dealt with, and completed under those regulations as if they had not been revoked; and
b: may be enforced under rules made under section 49
69: References in other enactments
1: A reference in another enactment to a chief surveyor in the context of cadastral surveys or an interest under a tenure system is to be read as a reference to the Surveyor-General.
2: A reference in another enactment to a plan that subsection (3) applies to is to be read as including a digital cadastral survey dataset.
3: This subsection applies to the following references:
a: a reference to a survey plan:
b: a reference to a plan approved by a chief surveyor or the Surveyor-General:
c: a reference to a plan deposited under the Land Transfer Act 2017
d: a reference to a plan to be noted, notified, registered, or recorded in the register under the Land Transfer Act 2017 Section 69(3)(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 69(3)(d) amended 12 November 2018 section 250 Land Transfer Act 2017


1: Title
1: This Act is the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Expiry
Sections 6 9
4: Purpose
The purpose of this Act is—
a: to require the Environmental Risk Management Authority (the Authority
b: to impose a restriction, from 29 October 2001 to the close of 29 October 2003, on the Authority considering or approving applications to import new organisms for release or to release new organisms from containment if the new organisms are genetically modified organisms; and
c: to provide exceptions to the restriction; and
d: to provide transitional provisions for approved applications relating to certain genetically modified organisms.
2: Amendments to principal Act
5: Interpretation
Section 2(1) containment structure genetic element
a: heritable material; and
b: any genes, nucleic acids, or other molecules from the organism that can, without human intervention, replicate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism heritable material .
6: New
section 25AA Section 6 repealed 30 October 2003 13(2) Hazardous Substances and New Organisms Amendment Act 2003
7: New
section 44A
1: The principal Act is amended by inserting, after section 44
44A: Additional matters to be considered for certain developments and field tests
1: This section applies to an application—
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure:
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: In deciding whether to approve or decline an application, the Authority must take into account—
a: any adverse effects of developing or field testing the organism on—
i: human health and safety; and
ii: the environment, in particular ecosystems and their constituent parts; and
b: any alternative method of achieving the research objective that has fewer adverse effects on the matters referred to in paragraph (a)
c: any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or field test.
3: The matters referred to in subsection (2) sections 44 and 45
4: In this section, field test
2: This section does not apply in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.
8: New
section 45A
1: The principal Act is amended by inserting, after section 45
45A: Controls required for certain developments and for all field tests
1: This section applies to an approval under section 45
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure; or
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: An approval—
a: must include controls to ensure that, after the end of the development or field test, the organism and any heritable material from the organism is removed or destroyed; and
b: may include controls to ensure that, after the end of the development or field test and after heritable material is removed or destroyed, some or all of the genetic elements remaining from the organism are removed or destroyed.
3: In subsection (2) destroyed
2: This section does not apply in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.
9: New
Part 5A Section 9 repealed 30 October 2003 43(2) Hazardous Substances and New Organisms Amendment Act 2003
10: Transitional provision
1: This section applies to an approval issued by the Authority if—
a: the approval was issued in the period beginning on 29 October 2001 and ending on the close of the day before the date on which this Act receives the Royal assent; and
b: had this Act been in force when the approval was issued, sections 44A 45A
2: The Authority must review the approval within 5 working days after the commencement of this Act.
3: The Authority must cancel the approval if, after reviewing the approval, it decides that, had section 44A
4: If the Authority cancels an approval under subsection (3)
a: stop the field test of the organism; and
b: dispose of the organism in accordance with the controls as to disposal in the approval.
5: The Authority must include additional controls, or substitute controls, or both, if, after reviewing the approval, it decides that,—
a: had section 45A
b: had section 44A
6: Controls added or substituted under subsection (5)
7: No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this section.
11: Schedule 3
1: Part 1 clause 6 or field testing
2: Part 1 clause 6
6A: Controls imposed on an approval to field test a genetically modified organism—
a: must specify—
i: inspection and monitoring of containment facilities during the field test; and
ii: inspection and monitoring of the site, after the field test, to ensure that all heritable material is removed or destroyed; and
b: may specify inspection of the site before field testing commences.
6B: Clause 6A


Civil Aviation Amendment Act 2002

1: Title
1: This Act is the Civil Aviation Amendment Act 2002.
2: In this Act, the Civil Aviation Act 1990 the principal Act
2: Commencement
1: Except as provided in subsection (2) 44
2: Sections 25 to 38 1
3: Purpose
The purpose of this Act is—
a: to revise Part 9A
b: to make provision for the accrediting of persons permitted to enter air space for purposes connected with the 2002-2003 America's Cup Regatta; and
c: to amend the principal Act to incorporate new powers to search for and seize dangerous goods; and
d: to amend the principal Act to include a number of miscellaneous changes.
1: Amendments to principal Act
4: Interpretation
1: Section 2 paragraph (b) accident rotors,
2: Section 2 dangerous goods
a: capable of posing significant risk to health, safety, or property when transported by air; and
b: classified in Chapters 1 to 10 of Part 2 of the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air .
3: Section 2 Convention Convention
a: any amendment to the Convention that has entered into force under Article 94(a) of the Convention
b: any Annex or amendment to any Annex accepted under Article 90 of the Convention
c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation under Article 37 of the Convention .
5: New
section 15A The principal Act is amended by inserting, after section 15
15A: Power of Director to investigate holder of aviation document
1: The Director may, in writing, require any holder of an aviation document to undergo an investigation conducted by the Director if the Director believes, on reasonable grounds, that it is necessary in the interests of civil aviation safety and security, and if the Director—
a: has reasonable grounds to believe that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12
b: considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner.
2: If the Director requires a holder to undergo an investigation, the Director must—
a: conclude the investigation as soon as practicable; and
b: inform the holder, in writing, of—
i: the date on which the investigation will begin; and
ii: the results of the investigation, including—
A: any recommendations arising out of the investigation; and
B: the grounds for those recommendations.
6: Power of Director to suspend aviation document or impose conditions
1: Section 17 subsections (3) (4)
3: The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) subsection (4)
4: The Director may take 1 or more of the following actions:
a: impose conditions for a specified period:
b: withdraw any conditions:
c: suspend any aviation document for a specified period:
d: revoke or partially revoke any aviation document under section 18
4A: If notice of a proposed revocation of an aviation document is given in accordance with section 11 section 18
2: Section 17(5) this section subsection (4)
7: New
section 18 The principal Act is amended by repealing section 18
18: Power to revoke aviation document or impose conditions
1: The Director may, if he or she considers it necessary in the interests of aviation safety after an inspection, monitoring, or investigation carried out under this Act, revoke an aviation document or impose permanent conditions on an aviation document.
2: Revocation under this section may be in respect of the whole or any part of an aviation document.
3: If the Director proposes to take action under this section, he or she must give notice in accordance with section 11
4: A person whose aviation document is revoked or made subject to permanent conditions under this section must,—
a: if the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
b: if the whole document is revoked, immediately surrender the document to the Director.
5: 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
8: Criteria for action taken under
section 17 18
1: Section 19(1) or revoked or made subject to conditions
2: Section 19(5) as soon as is practicable , but, in the case of the suspension of an aviation document or the imposition of conditions under section 17
3: Section 19 subsection (6)
6: Nothing in subsection (5) or subsection (7)
a: any information, the disclosure of which would endanger the safety of any person; or
b: any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17
9: General power of entry
Section 24 subsection (3)
3: Every person who is authorised to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2)
a: may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act, to produce or surrender it; and
b: must, if a document is surrendered under paragraph (a)
10: New
section 26A The principal Act is amended by inserting, after section 26
26A: Obligation to identify pilot in command
1: If a pilot in command of an aircraft is alleged to have committed an offence under this Act or the rules, the Director or a member of the police may—
a: inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and
b: require that person to give all information in that person's possession or reasonably obtainable by that person that may lead to the identification of the pilot.
2: A request under subsection (1)
3: Subsection (1)
11: Failure to comply with inspection or audit request
The heading to section 44A audit monitoring
12: Failure to notify emergency breach of Act or regulations or rules
Section 52A section 13(1)(d) section 13A(6)
13: New
section 52C The principal Act is amended by inserting, after section 52B
52C: Failure to provide identifying information
1: Every operator of an aircraft or holder of a certificate of registration commits an offence who, without reasonable excuse, fails to comply with section 26A(1)
2: Every operator or holder of a certificate of registration who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $30,000.
14: New
section 66 The principal Act is amended by repealing sections 66 67
66: Appeal to District Court
1: A person may appeal to a District Court against a specified decision made under this Act by the Director if another section of this Act gives that person a right of appeal under this section, and—
a: the person—
i: is a person in respect of whom the decision was made; and
ii: is dissatisfied with the decision; or
b: the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.
2: The Court may confirm, reverse, or modify the decision appealed against.
3: Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.
4: Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.
5: In this section, a specified decision
a: concerning the grant, issue, revocation, or suspension of an aviation document:
b: to impose conditions on an aviation document:
c: to exercise powers under section 21
d: to decline to register an aircraft under section 6
15: Decision of Director to continue in force pending appeal, etc
Section 68
16: Director of Civil Aviation
1: Section 72I(3) paragraph (b) audits monitoring
2: Section 72I(3A) the Gazette writing
3: Section 72I subsection (3B)
3B: Notice of an airworthiness directive issued under subsection (3A) Gazette
3C: An airworthiness directive issued under subsection (3A) Gazette subsection (3B)
a: the Director considers that urgent action is required; and
b: the Director notifies the affected parties before the directive comes into force; and
c: notification of the issuing of the directive is given in the Gazette
17: Powers of Director in relation to examinations, etc
Section 72K in respect of flight crew or aircraft maintenance personnel
18: New
sections 77A 77B 77C The principal Act is amended by inserting, after section 77
77A: Powers and duties of Minister to require screening
1: The Minister may, if necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, direct an aviation security provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; or
iii: any (as specified in the Gazette
A: aircraft or class of aircraft; or
B: aerodrome or class of aerodrome; or
C: navigation installation or class of navigation installation.
2: Before directing an aviation security provider under subsection (1)
a: the Director; and
b: as the Minister in each case considers appropriate, representative groups in the aviation industry, government departments, and Crown agencies.
3: A direction made under subsection (1) Gazette
a: considers on reasonable grounds that urgent action is required; and
b: has consulted the Director before that date; and
c: has notified all affected parties (other than persons boarding an aircraft) before that date.
4: If a direction takes effect on a date before the notice is published in the Gazette
a: the direction expires 28 days after that date unless the notice is published in the Gazette
b: if the notice is published in the Gazette subsection (3)(b) and (c)
5: If a direction takes effect on a date on or after the notice is published in the Gazette Regulations (Disallowance) Act 1989
6: The Minister may rescind a direction made under subsection (1)
7: Subject to subsection (4)
8: Nothing in this section empowers the Minister to exercise the Director's powers under section 77B
77B: Powers and duties of Director to require screening
1: The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; or
iii: any (as specified in the Gazette
A: aircraft or class of aircraft; or
B: aerodrome or class of aerodrome; or
C: navigation installation or class of navigation installation.
2: Before directing an aviation security provider under subsection (1)
3: A direction made under subsection (1) Gazette
a: considers on reasonable grounds that urgent action is required; and
b: has notified all affected parties (other than persons boarding an aircraft) before that date.
4: If a direction takes effect on a date before the notice is published in the Gazette
a: the direction expires 28 days after that date unless the notice is published in the Gazette
b: if the notice is published in the Gazette subsection (3)(b)
5: If a direction takes effect on a date on or after the notice is published in the Gazette Regulations (Disallowance) Act 1989
6: The Director may rescind a direction made under subsection (1)
7: Subject to subsection (4)
77C: Transitional provisions for screening
1: A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002.
2: A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires.
19: Functions and duties of Aviation Security Service
Section 80 paragraph (a)
a: to carry out—
i: crew, passenger, and baggage screening of all international aircraft passenger services; and
ii: the screening specified in section 77A(1) or section 77B(1)
ab: to undertake, if necessary, reasonable searches of crew, passengers, baggage, cargo, aircraft, aerodromes, and navigation installations: .
20: New
section 80A The principal Act is amended by inserting, after section 80
80A: Powers and duties of aviation security officer relating to dangerous goods
1: Without limiting section 80(a) and (ab)
2: If dangerous goods are detected and the aviation security officer has reasonable grounds to believe that they may not be lawfully carried on an aircraft, the aviation security officer may seize and detain the dangerous goods for the purpose of determining whether or not they may be lawfully carried on an aircraft.
3: If the aviation security officer determines that the dangerous goods may not be lawfully carried on an aircraft, the aviation security officer must notify the relevant operator or delivery service as soon as practicable and—
a: may detain the dangerous goods until they are dealt with in accordance with paragraph (b) or paragraph (c)
b: may deliver the dangerous goods to the operator or delivery service; or
c: may, if the Director agrees, destroy or otherwise dispose of the dangerous goods.
4: If the aviation security officer determines that the dangerous goods may be lawfully carried on an aircraft, the aviation security officer must, as far as practicable, return the dangerous goods to the owner of the dangerous goods.
5: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the dangerous goods pose an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the dangerous goods.
6: The aviation security officer must report the detection of dangerous goods in accordance with the rules or, in the absence of rules, as the Director may direct.
21: Consequential amendments to rules
1: Rule 108.53(b)(5) (security requirements – domestic) is amended by inserting, before the word cargo baggage,
2: Rule 108.53(b)(8) (security requirements – domestic) is amended by—
a: omitting the words passenger and baggage screening passenger, crew, and baggage screening
b: omitting the words an aviation security organisation a; and
c: inserting, before the word Director Minister or the
3: Rule 108.55(b)(12) (security requirements – international) is amended by—
a: omitting the words a passenger passenger, crew,
b: omitting the words an aviation security organisation a
4: Rule 139.203(d)(4) (requirements for security designated aerodromes – other requirements) is amended by inserting, after the word passengers , crew,
5: Rule 139.203(d)(4)(i) (requirements for security designated aerodromes – other requirements) is amended by—
a: inserting, after the word passengers, crew, and
b: omitting the words , or both,
6: Rule 139.203(d)(4)(ii) (requirements for security designated aerodromes – other requirements) is amended by inserting, after the word passengers and crew
7: Rule 139.203(d)(4)(iii) (requirements for security designated aerodromes – other requirements) is amended by—
a: omitting the word transit , transit,
b: inserting, after the word passengers and crew
8: Rule 139.203(d)(5) (requirements for security designated aerodromes – other requirements) is amended by—
a: inserting, after the words necessary by the Minister, or
b: inserting, after the word passengers , crew,
9: Rule 139.205(1) (requirements for non-security designated aerodromes) is amended by—
a: inserting, after the word passengers , crew,
b: inserting, after the words required by the Minister, or
10: Rule 140.11(a)(l)(i) (functions and duties of certificate holder) is amended by—
a: omitting the words passenger and passenger, crew, and
b: omitting the words and of such other services where the screening is judged advisable by the Director and of any domestic aircraft passenger service or other service required to be screened by the Minister or the Director
11: Clause A.5(b)(2) of Appendix A to Part 140 of the rules (security operational standards – screening of the person) is amended by—
a: omitting the word international
b: inserting, after the word passenger or crew member
c: omitting the word those if the person is
22: Interpretation
1: Section 87A scheduled international air service ; and, in relation to a New Zealand international airline, includes a seventh freedom service
2: Section 87A seventh freedom service
a: the airline is designated by New Zealand under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and
b: the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and
c: the service is a scheduled service.
23: Scheduled international air service not to be carried on in New Zealand except under licence
The heading to section 87B in New Zealand
24: Renewal of scheduled international air service licence
Section 87P(2) 3 months 1 month
25: Interpretation
1: Section 91A court court .
2: Section 91A Montreal Convention Schedule 6
26: Conventions to have force of law
1: Section 91C(1)
a: inserting, after the words provisions of the Montreal Convention,
b: inserting, after the words to which the Montreal Convention,
2: Section 91C(2) provisions of the Montreal Convention,
3: Section 91C(3) provisions of the Montreal Convention,
4: Section 91C(4) provisions of the Montreal Convention,
5: Section 91C(5) Article 22 of the amended Convention
27: Fatal accidents
Section 91E liability under Article 17(1) of the Montreal Convention
28: Contributory negligence
Section 91F purposes of Article 20 of the Montreal Convention
29: Limitation of liability
1: Section 91G(1) referred to in Articles 21 and 22 of the Montreal Convention
2: Section 91G(1)
a: by inserting, after the words referred to in Article 21 of the Montreal Convention
b: by inserting, after the expression Article 22 of the amended Convention
3: Section 91G(2) limited by Articles 21 and 22 of the Montreal Convention
4: Section 91G(2)(a)
a: by inserting, after the words provisions of Articles 21 and 22 of the Montreal Convention
b: by inserting, after the expression Article 22 of the amended Convention
5:
6: Section 91G(5) Article 22 of the amended Convention Subsection (5) substituted 1 June 2004 41(3) Civil Aviation Amendment Act 2004 Subsection (5) repealed 1 December 2004 12(2) Civil Aviation Amendment Act (No 2) 2004 See section 13
30: Value of special drawing right
1: Section 91H(1) purposes of Article 23 of the Montreal Convention
2: Section 91H(4) Article 22 of the amended Convention
31: Time for bringing proceedings
1: Section 91I subsection (3)
3: Neither Article 35 of the Montreal Convention Article 29 of the amended Convention
2: Section 91I(4) Article 29 Article 35 of the Montreal Convention Article 29 of the amended Convention
3: Section 91I(5) Article 29 Article 35 of the Montreal Convention Article 29 of the amended Convention
32: New
section 91JA The principal Act is amended by inserting, after section 91J
91JA: Actions against Parties to Montreal Convention
1: Every Party to the Montreal Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2)
2: Subsection (1) Article 46 of the Montreal Convention
3: Rules of Court may provide for the manner in which any action to which subsection (1)
4: Nothing in this section authorises the issue of execution against the property of any Party to the Montreal Convention.
33: Designation of Parties
1: Section 91K(1)(a)
viii: the Parties to the Montreal Convention; or .
2: Section 91K(1)(b) or (vii) (vii), or (viii)
3: Section 91K(4) Warsaw Convention or the Parties to the Montreal Convention
34: Power to exclude aircraft in use for military purposes
Section 91M(2) The amended Convention does The Montreal Convention or the amended Convention do
35: New
section 91RA The principal Act is amended by inserting, after section 91R
91RA: High Contracting Party or Party not Party to Montreal Convention
1: Subsection (2)
2: If this subsection applies and the High Contracting Party or Party referred to in subsection (1)
a: sections 91A to 91M sections 25 to 37 of the Civil Aviation Amendment Act 2002
b: section 91O
c: section 91P
d: section 91Q
e: section 91R
3: Subsection (4)
4: If this subsection applies,—
a: the law applicable to any carriage by air is the law set out in the amended Convention; and
b: each version of Article 22 of the amended Convention Schedule 4
36: Regulations
Section 91T(1) paragraphs (a) (b) (c) (d)
a: prescribe any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention
b: prescribe any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention
c: amend Schedule 6
d: revoke Schedule 6
37: New
Schedule 6 The principal Act is amended by adding the Schedule 6 Schedule 1
38: Occurrences before commencement of
sections 25 to 37 Sections 25 to 37 sections 25 to 37
39: New
sections 96C to 96F The principal Act is amended by repealing section 96C
96C: Procedure for offence of smoking on international flight
1: If an offence against section 96B(3) defendant
a: an aviation security officer; or
b: a member of the police.
2: If the aviation security officer or the member of the police (the informant section 96B(3)
a: the defendant may be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: the informant may issue an infringement notice in respect of the alleged offence.
3: The defendant must, on request by the informant, produce his or her passport to the informant for the purpose of enabling the informant to verify the identity of the defendant.
4: A passport produced by the defendant to the informant under subsection (3)
5: Any informant or a member of the police (not necessarily the informant)—
a: may deliver an infringement notice (or a copy of it) to the defendant personally; or
b: may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business.
96D: Form of infringement notice
An infringement notice under section 96C
a: sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
b: that the infringement fee is $200; and
c: where the fee may be paid; and
d: the time within which the fee may be paid; and
e: how and where payment may be made under section 96E
f: a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957
g: that the defendant has a right to request a hearing; and
h: a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and
i: such other particulars as are prescribed by regulations made under this Act.
96E: Payment of fees
1: If an infringement notice under section 96C
2: All infringement fees received in respect of an infringement notice under section 96C
96F: Filing of notices
1: The informant or an aviation security officer (not necessarily the informant) or a member of the police (not necessarily the informant), as the case may be, may file in a District Court a copy of the infringement notice under section 96C
a: the infringement fee for the offence has not by then been paid to the informant at the address specified in the notice (or immediately under section 96E
b: the informant has not by then received at that address a notice requesting a hearing in respect of that offence.
2: The copy of the infringement notice filed under subsection (1)
3: If an infringement notice under section 96C Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (1) of this section
b: subsection (1) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (1) of this section
d: the reference in section 21(5) section 21(3) subsection (1) of this section
e: the reference in section 21(6)(b) section 21(10)(a)
f: the references to reminder notices in the definition of defendant section 2 section 78B
4: Despite section 203(1) of the Summary Proceedings Act 1957 section 96C
5: For the purpose of subsection (1)
40: Information to be supplied to chief executive of the Ministry of Economic Development
Section 99B chief executive of the Ministry of Economic Development Secretary
41: Administration of
sections 99A to 99C Section 99D
42: Civil Aviation Authority
Schedule 3 clause 6
6: . Any member may, at any time, be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
43: Consequential amendment
The Act specified in Schedule 2
2: 2002-2003 America's Cup Regatta
44: Commencement
This Part comes into force on 1 July 2002.
45: Expiry of this Part
This Part expires on the close of 30 June 2003.
46: Purpose of this Part
The purpose of this Part is to make provision for the accrediting of persons permitted to enter airspace for purposes connected with the 2002-2003 America's Cup regatta.
47: Interpretation
In this Part, unless the context otherwise requires,— Civil Aviation Rules or rules Part 3 controlling authority designated airspace
a: the area in which the regatta is conducted; and
b: the transit area between the Viaduct Basin and the area in which the regatta is conducted event organiser section 49 nominated controlling authority proposed airspace regatta
a: means the yachting regatta known as the America's Cup which is to take place in the years 2002 and 2003; and
b: includes any preceding Challenger Selection Series. Appointment and functions of event organiser
48: Who may apply, and how to apply, for appointment as event organiser
1: Any person or persons may apply to the Minister for appointment as an event organiser.
2: An applicant for appointment must—
a: make an application in accordance with subsection (3)
b: have a proposed accreditation system under section 51
c: have entered into a binding contract under section 52
3: An application must include, or be accompanied by,—
a: details of the applicant's proposed accreditation system, including the matters specified in section 51
b: a copy of the contract between the applicant and the applicant's nominated controlling authority that complies with the requirements set out in section 52
c: an indication that the proposed airspace is or is likely to be designated under the rules as a restricted area and that the applicant's nominated controlling authority is or is likely to be the controlling authority applicable to the proposed airspace; and
d: an assessment by the applicant of his or her anticipated costs of the type specified in section 51(3)
49: Appointment of event organiser
1: The Minister may make an appointment under subsection (2)
a: the applicant has submitted an application in accordance with section 48
b: the Minister is satisfied that—
i: the proposed airspace is or is likely to be designated under the rules as a restricted area and the applicant's nominated controlling authority is or is likely to be the controlling authority applicable to the proposed airspace; and
ii: the applicant is responsible for the management of any part of the regatta; and
iii: the appointment will contribute to the effective management of any part of the regatta.
2: The Minister may, by notice in the Gazette
3: The Minister may appoint, under subsection (2)
4: An appointment under subsection (2)
5: Without limiting subsection (4)
50: Function and power of event organiser
An event organiser may, in accordance with the accreditation system developed and administered by the event organiser under this Part, determine which persons and organisations may enter the designated airspace. Accreditation system
51: Event organiser's accreditation system
1: An event organiser must develop and administer an accreditation system.
2: The accreditation system must provide for all of the following matters:
a: the accreditation by the event organiser of any person or organisation permitted to enter the designated airspace:
b: the imposition by the event organiser of terms and conditions, subject to any terms and conditions imposed by the Director under the rules, in respect of—
i: the accreditation of a person or organisation:
ii: entry to and operation within the designated airspace by an accredited person or organisation:
c: the imposition by the event organiser of fees and charges payable by an accredited person or organisation in respect of entry to the designated airspace:
d: the enforcement of any terms and conditions imposed by the event organiser under paragraph (b)
3: Any fee or charge imposed by the event organiser under subsection (2)(c)
a: developing and administering the accreditation system; and
b: administering any terms and conditions imposed under subsection (2)(b)
4: The accreditation system must not provide for payment of a fee or charge in respect of the accreditation of a person or organisation. Contract between event organiser and controlling authority
52: Event organiser's contract with nominated controlling authority
1: A contract between an applicant for appointment as an event organiser and the applicant's nominated controlling authority may be conditional only upon all or any of the following:
a: the appointment of the applicant as an event organiser:
b: the designation of the proposed airspace as a restricted area under the rules:
c: the specification of the applicant's nominated controlling authority as the controlling authority applicable to the proposed airspace.
2: The contract must—
a: provide that the controlling authority is responsible for ensuring that—
i: only those persons and organisations accredited by the event organiser enter the designated airspace; and
ii: pilots operating in the designated airspace do so in accordance with any terms or conditions imposed by the event organiser; and
b: specify any fees or charges payable by the event organiser to the controlling authority.
3: When the conditions specified in subsection (1)
53: Controlling authority may act in accordance with contract
Subject to any conditions imposed by the Director under the rules under which the controlling authority must operate, the controlling authority may act in accordance with the contract between itself and an event organiser referred to in section 52 Disclosure of costs
54: Event organiser may be required to disclose costs
1: An event organiser must, whenever so requested by the Minister, disclose to the Minister the costs of the type specified in section 51(3)
2: Despite anything in the Official Information Act 1982 subsection (1) Cancellation of appointment of event organiser
55: Minister may cancel appointment of event organiser
1: The Minister may, by notice in the Gazette section 49
a: the Minister is no longer satisfied that any of the requirements set out in section 49(1)(b) 49(4)
b: the Minister is satisfied, on the basis of information obtained under section 54 section 51(3)
2: If the appointment of the event organiser is cancelled or, if there is more that 1 event organiser, the appointment of every event organiser is cancelled,—
a: the Director must remove the controlling authority applicable to the designated airspace; and
b: the Minister may appoint 1 or more new event organisers under section 49