This page contains information on Scheduled International Air Service Licences for foreign international airlines1.
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1.1 In order to operate scheduled international air services to or from New Zealand (including by way of code-sharing on the aircraft of another airline)2, an airline is required under Part VIIIA of the Civil Aviation Act 1990 (external link) to hold a scheduled international air service licence or, for services between New Zealand and countries or territories that have been specifically designated by the Minister of Transport (currently Australia, Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, the United Arab Emirates, and the United States of America), an open aviation market licence.
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 scheduled international air service licences. An airline intending to operate scheduled services only between Australia and New Zealand, or between Brunei, Chile, the Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, the United Arab Emirates, or the United States of America and New Zealand, may be eligible to do so with an open aviation market licence, the requirements and procedures for which are under 'SAM' airlines - open aviation market licences and Foreign international airlines - open aviation market airlines.
1.3 For foreign international airlines, the Secretary for Transport is the licensing authority for scheduled international air service licences but the relevant powers are usually exercised under delegated authority by a senior Ministry official. Unless otherwise stated, the term “licensing authority” is used within this page.
2. Application for a licence
2.1 An application for a scheduled international air service licence should be lodged with the Secretary for Transport at the following address:
Ministry of Transport
89 The Terrace
or by post to
P O Box 3175
(FAX: + 64-4-439-9004)
Alternatively, applications may be e-mailed 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 in the Ministry’s Aviation and Security Team (firstname.lastname@example.org 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 a scheduled international air service 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
(e) details of any code-share arrangements
(f) the date on which it is intended to commence the service
(g) a schedule of full passenger fares.
3.2 Section 87M of the Civil Aviation Act (external link) prescribes the matters which the licensing authority must take into account when considering an application for a scheduled international air service licence. These matters, relating to international agreements, and safety and security requirements, are outlined in the following paragraphs of this section, together with insurance cover against liability (Section 87ZA of the Act (external link) ).
3.3 If granting a scheduled international air service licence would be contrary to the relevant air services agreement or associated arrangements, 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.
3.4 To qualify for a scheduled international air service licence, the applicant airline must have been designated by the Government of the country or territory in which it is based, in accordance with the relevant provisions of the air services agreement between that Government and the Government of New Zealand.
Ownership and control
3.5 An applicant may be required to supply evidence of the nationality of the control of the airline, and either evidence of the nationality of its ownership or its principal place of business and place of incorporation. (Under most bilateral air services agreements, the nationality of the ownership and control of an airline can affect its entitlement to exercise the rights accorded by the agreement. In some agreements the principal place of business and place of incorporation of the airline may also be relevant.)
Safety and security certification
3.6 In order to meet aviation safety and security requirements, an applicant airline must also hold a foreign 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
(FAX: + 64-4-560-9452)
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)
3.7 An application for a scheduled international air service 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.
3.8 An applicant must also supply proof of insurance covering liability that may arise from or in connection with the operation of the 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. However, a licence can not be granted until all these requirements have been met.
Public notice that licence granted
4.2 When a scheduled international air service licence has been granted to a foreign airline, notice of this is given in The New Zealand Gazette.
Duration of licence
4.3 A scheduled international air service licence for a foreign airline takes effect from the date stated in the licence and may be of indefinite duration. However, in some circumstances, a licence is granted for a specified period.
5. Commencement of services
5.1 It is a condition of a scheduled international air service 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 3.8 above.
Nature of service filings
5.3 Under a scheduled international air service licence, an airline is required to file a statement of the nature of its services for each IATA schedule period, and any subsequent amendments.
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 the licensee, amend or revoke any of the terms and conditions of a scheduled international air service licence or add any new terms or conditions that in the authority’s opinion are necessary or desirable in the public interest, provided that:
(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).
6.2 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
7.1 If a scheduled international air service 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 Where an application has been made for the renewal of a licence, 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).
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
8.1 A scheduled international air service licence may be suspended or revoked in the circumstances prescribed in Sections 87ZC (external link) and 87ZD (external link) , respectively, of the Civil Aviation Act 1990.
The information above 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 2002 edition of this pamphlet are primarily 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
18 February 2013
1 As defined by Section 87A of the Civil Aviation Act 1990, foreign international airline means an air transport enterprise of a country or territory other than New Zealand that is offering or operating a scheduled international air service or intends to offer or operate such a service.
2 As defined by Section 87A of the Civil Aviation Act 1990, 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 or frequent 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.