This page contains information on Open Aviation Market Licences for international airlines designated by Australia, Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, the United Arab Emirates, or the United States of America.
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1.1 In order to operate a scheduled international air service to or from New Zealand (including by way of code-sharing on the aircraft of another airline)1, an airline is required under Part VIIIA of the Civil Aviation Act 1990 (external link) to hold a scheduled international air service licence or an open aviation market licence. The latter is applicable only for scheduled services between New Zealand and countries or territories that have been specifically designated by the Minister of Transport. An open aviation market licence is currently applicable in respect of operations to/from Australia, Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, the United Arab Emirates, and the United States of America.
1.2 Compliance with the relevant provisions of the Civil Aviation Act 1990 (external link) involves various licensing requirements and procedures. Those procedures outlined within this page relate only to open aviation market licences for services operated by airlines designated by the governments of Australia, Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Singapore, the United Arab Emirates, or the United States. New Zealand carriers should view New Zealand international airlines - open aviation market licences. Licences for SAM airlines in respect of the open aviation market with Australia are dealt with under 'SAM' airlines - open aviation market licences. An airline intending to operate scheduled services between New Zealand and a country other than Australia, Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, [Peru], Samoa, Singapore, Tonga, the United Arab Emirates, or the United States, may do so only with a scheduled international air service licence, the requirements and procedures for which are set under Foreign international airlines - scheduled international air service licences.
1.3 Under an open aviation market licence, an airline is required to file, for information purposes only, a statement of the nature of its scheduled services to and from New Zealand for each IATA schedule period, and any subsequent amendments. Periodic retrospective returns are also required for additional non-scheduled (charter) flights operated over any routes covered by an open aviation market licence, but prior approvals for such flights are not required.
1.4 The Secretary for Transport is the licensing authority for open aviation market licences. Unless otherwise stated, the term “licensing authority” is used within this page.
2. Application for a licence
2.1 An application for an open aviation market licence should be lodged in duplicate with the Secretary for Transport at the following address:
Ministry of Transport
89 The Terrace
or P O Box 3175
(or FAX: +64-4-439-9004).
Alternatively, applications may be emailed to email@example.com. There is currently no fee for a licence, nor any application form. For preliminary inquiries, intending applicants should contact Sonya van de geer, Principal Adviser, Air Services in the Ministry’s Aviation Team (address, email or fax above, or telephone +64-4-439-9000).
3. Requirements for a licence
3.1 As specified by the Secretary for Transport under section 87C of the Civil Aviation Act (external link) , an application for an open aviation market licence must include the following information concerning each service proposed:
(a) the route to be followed, including all points to be served
(b) the aircraft type to be operated and, for passenger services, its seating configuration
(c) the frequency of the service per week
(e) details of any code-share arrangements
(f) the date on which it is intended to commence the service.
3.2 Applicants may also be requested to submit for information purposes a schedule of full passenger fares.
3.3 Section 87T of the Civil Aviation Act (external link) prescribes the matters which the licensing authority must take into account when considering an application for an open aviation market licence. These matters, relating to international agreements, and safety and security requirements, are outlined in the following paragraphs of this section.
3.4 If granting a licence would be contrary to the air services arrangements between New Zealand and the country designating the airline, or to any other international agreement, convention or arrangement to which New Zealand is a party, the licensing authority must refuse to grant the licence.
3.5 To qualify for an open aviation market licence, the applicant airline must have been designated by its government in accordance with the relevant provisions of the air services arrangements between New Zealand and that other country.
3.6 An applicant may be required to supply evidence that it complies with the requirements for designated airlines under the relevant air services arrangements. In the case of Luxembourg, this may include evidence of the nationality of the ownership and control of the airline. In the case of Australia, Brunei, Chile, the Cook Islands, Malaysia, Samoa, Singapore, Tonga, and the United States this may include evidence of the place of incorporation and principal place of business of the airline, and details of the airline's control structure. In the case of the United Arab Emirates this may include evidence that the ownership of the airline remains with the Governments of the United Arab Emirates, Sultanate of Oman, and the States of Bahrain and Qatar or their nationals.
Safety and security certification
3.7 In order to meet aviation safety and security requirements, an applicant must also hold an air operator certificate (unless the application is only for code-sharing on the aircraft of another carrier that has the relevant operating authorisation). An application for this certificate should be lodged with the Director of Civil Aviation at the following address:
Civil Aviation Authority
55 Featherston Street
or by post to
P O Box 3555
There is both an application form and a fee for an air operator certificate. Initial contact may be made with the Manager Flight Operations - Airlines at the above address or fax, or Tel. +64-4-560-9400 (see also http://www.caa.govt.nz/airlines/airlines.htm). (external link)
3.8 An application for an open aviation market licence may be made in anticipation of the issuing of an air operator certificate, but the licence can be granted only after the certificate has been issued.
3.9 An applicant must also supply proof of insurance covering liability that may arise from or in connection with the operation of the proposed service(s) in respect of death or bodily injury, or of property damage.
4. Granting of licence
4.1 After taking into account the requirements set out above, the licensing authority may refuse a licence application, or grant it wholly or in part, and subject to such conditions as the authority thinks fit. If an applicant airline has met all the requirements, a decision on the granting of a licence can normally be made within one week of receipt of the application. A licence cannot be granted, however, until all these requirements have been met.
Public notice that licence granted
4.2 When a licence has been granted, notice of this is given in The New Zealand Gazette.
Duration of licence
4.3 An open aviation market licence for a foreign airline takes effect from the date stated in the licence and is normally granted for an indefinite period.
5. Commencement of services
5.1 It is a condition of an open aviation market licence that the licensee must commence the service(s) authorised by the licence not more than 12 months from the date on which the licence is granted.
5.2 The licensee may be called upon at any time to supply proof of the insurance specified in paragraph 3.9 above.
Nature of service filings
5.3 Under an open aviation market licence, an airline is required to file, for information purposes, a statement of the nature of its scheduled services for each IATA schedule period, and any subsequent amendments. There is also a requirement to make quarterly returns of the non-scheduled international flights that have been operated.
6. Variation of terms and conditions of a licence
6.1 The licensing authority may, of the authority’s own motion or on the application of a licensee, amend or revoke any of the terms and conditions of a licence or add any new terms or conditions that in the authority’s opinion are necessary or desirable in the public interest.
Application for an amendment
6.2 As with an original application for a licence, an application for an amendment to a licence should be lodged with the Secretary for Transport. (For address, fax and telephone numbers, see Section 2 above.)
Amendments subject to conditions
6.3 The amendment of licences is subject to the following conditions:
(a) where it is proposed that this power be exercised on the authority’s own motion, the authority must give the licensee not less than 21 clear days’ notice in writing of this intention; and
(b) where the licensee seeks approval for a change or addition in the route(s) to be operated or point(s) to be served, the licensing authority must apply the same criteria relating to international agreements and safety/security certification as are applied at the time an application is made for a new licence (see section 3 above).
Public notice that licence amended
6.4 When the terms or conditions of a licence have been varied, notice of the variation, including its terms, is given in The New Zealand Gazette.
7. Renewal of licence
Application three months in advance
7.1 If a licence has been granted for a specified term, an application for its renewal must be lodged with the Secretary for Transport (at the address given in paragraph 2.1 above) not less than three months before the date on which the licence expires.
7.2 An application for the renewal of a licence must include information on the same matters as is required when applying for a new licence; and the licensing authority must apply the same criteria relating to international agreements and safety/security certification as are applied at the time an application is made for a new licence (see section 3 above).
Renewal takes effect
7.3 The renewal of a licence takes effect from the date of expiry of the licence for which renewal is granted. The licence may be renewed for an indefinite or specified term.
8. Suspension and revocation of a licence
The information below is correct at the time of publication (see date below) but may be amended in future editions. If in doubt, a check should be made with the Ministry (see Section 2 for contact details) to ascertain whether this edition of the pamphlet is still current. Changes since the October 2009 edition of this pamphlet have been made to update contact details, remove references to Peru and to add a requirement to provide airline code and flight number information (see 3.1(d)).
Aviation and Security Team
Ministry of Transport
1 As defined by Section 87A of the Civil Aviation Act 1990 (external link) , scheduled international air service means a series of flights performed by aircraft for the transport of passengers, cargo, or mail between New Zealand and one or more points in any other country or territory, where the flights are so regular orfrequent as to constitute a systematic service, whether or not in accordance with a published timetable, and which are operated in such a manner that each flight is open to use by members of the public.