Bylaws and spatial plans consultation

Only registered airport operators can make bylaws under the Civil Aviation Act 2023.  For more information on airport registration click here.

Airport authorities can still make bylaws under the Civil Aviation Act 1990 before registering as airport operators under the 2023 Act, or until the Airport Authorities Act 1966 is repealed on 5 April 2030. The process to make a bylaw is likely to be smoother under the new Act, so we encourage airports to register.

As an airport authority, if you choose not to register under the 2023 Act, any existing bylaws will expire in April 2030 when the Airport Authorities Act 1966 is repealed.

If you register under the 2023 Act, your existing bylaws will continue to apply.

Airport operators can make bylaws about:

• good airport management
• carrying out airport functions and powers more effectively
• protecting airport property from damage or injury
• precautions to protect people or property from accidents or damage
• regulating traffic and parking places at the airport (note that bylaws affecting roads within the meaning of the Land Transport Act 1998 cannot be made under the Civil Aviation Act, but can be made by an Airport Operator under the Land Transport Act 1998, in its capacity as a road controlling authority)
• when, how, and the conditions in which the public may enter or be in the airport
• setting up and maintaining lost property facilities.

When proposing to make a bylaw, you must consult the Ministry of Transport, the Civil Aviation Authority (CAA), the police, government agencies operating at the airport that may be impacted by the proposed bylaw, and people who could be affected by the bylaw.

As the airport operator, you must give people and agencies being consulted written notice, allowing them a reasonable time to make submissions.

After the bylaw is made, you must notify the public with the details as soon as possible, including the date it comes into force. You also need to have copies at your office and let the public know these are available on payment of a specified amount.

Civil Aviation Act 2023, section 237 - Publication and proof of bylaws (legislation.govt.nz)

We will give feedback on your proposed bylaws.

Our comments will focus on any issues or inconsistencies with the bylaw and legislation, or if it may have any unreasonable or undesirable impacts on traffic.

If necessary, the Ministry will advise the Minister of Transport about concerns with a bylaw and recommend next steps. The Minister has the power to amend, replace, or disallow the bylaw.

Send your proposed bylaw to us here: airports@transport.govt.nz

A spatial plan is about developing land or infrastructure at an airport. It’s a document that sets out a plan, strategy, or statement of intent for the future, and includes things like master plans and other commercial planning material.

Before approving the spatial plan, you need to consult your substantial customers (see ‘Related documents and more information’), and the relevant government agencies. Out of the list of agencies below consider which ones would be appropriate to consult given the plan’s subject matter.

The relevant government agencies are:

• The New Zealand Customs Service
• The Ministry of Business, Innovation and Employment
• The Ministry of Primary Industries
• The Civil Aviation Authority
• The Ministry of Health
• Fire and Emergency New Zealand
• The New Zealand Police
• The Ministry of Transport. 

You do not have to consult a customer or agency if they have consented in writing to not being consulted and have not withdrawn that consent.

Although not required by the Act, it is good practice to consult people in the community who could be affected by your proposals. We encourage airport operators to do this.

Send your proposed spatial plan to us here: airports@transport.govt.nz