Kia ora koutou,
Welcome to the February update from the Civil Aviation Act 2023 implementation team. In this update:
- Summary of changes published
- Regulatory information for airports
- Licensing regime for airlines
- Improved process for authorising airline cooperative arrangements
- Aviation safety
- Aviation security
- Airport signage
Summary of the Act's changes
The Civil Aviation Act 2023 comes into effect on 5 April 2025. Nothing changes until then and the aviation sector will continue to operate as it currently does, under the Civil Aviation Act 1990 and Airport Authorities Act 1966.
The new Act updates provisions and includes new functions, necessary to keep pace with a rapidly changing aviation environment. You can read a summary of the main changes on the Ministry website.
If you have any questions about what's changing, please contact us at civilaviationact@transport.govt.nz
Key regulatory information for airports
The Act introduces a new airport regulatory regime that includes registration as an airport operator, a requirement to consult on spatial plans and airport bylaws, and Regulatory Airport Spatial Undertakings (RASU) for some operators.
Information about these new requirements, which will take effect from 5 April 2025, was published on the Ministry website in December. Read more about regulatory information for airports on the Ministry website.
Please get in touch with us on airports@transport.govt.nz for further queries.
Simplified licensing regime for airlines
The new Act simplifies the airline licensing regime by eliminating the separate category of open aviation market licences. From April 2025, the licensing process will distinguish between:
- Any international airline operating in markets with no capacity, route, or traffic rights restrictions where the Secretary of Transport will be the licencing authority.
- New Zealand airlines operating in markets where there are capacity, route or traffic rights restrictions, where the Minister of Transport will be the licencing authority.
There will also be changes to how commercial non-scheduled international flights are authorised. All of these flights currently require approval from the Secretary of Transport. Once the new Act takes effect, there will be changes to the administration of non-scheduled flights that will particularly benefit infrequent operators. The Ministry is currently working on guidance for applicants for an international air service licence, and operators of non-scheduled flights. This will be published on the Ministry website by early April.
Improved process for authorising airline cooperative arrangements
Under the new Act the Minister of Transport will continue to authorise airline alliances but there are new criteria that the Minister must consider, including ensuring arrangements result in benefits to the public that outweigh any lessening in competition. Responsibility for the Civil Aviation Act 2023 has been transferred to Hon James Meager which means that, while this transfer is in place, decisions on airline cooperative arrangements will be made by the Acting Minister of Transport.
The Act outlines new processes to improve transparency and support robust assessment and decision making on co-operative airlines agreements. We are currently developing materials to implement the changes, including an assessment framework and application guidance for airlines.
The Ministry is consulting on the draft assessment framework until 17 March. For more information and to submit your feedback on the draft assessment framework go to: airline authorisation agreement guidelines.
Aviation safety
While the Act provides some new powers and tools for CAA inspectors, in practice the way they approach their jobs will remain much the same. They are undergoing training currently, so they have a good understanding of the new Act’s provisions and can continue to support a safe and secure aviation sector.
Over the next month you’ll see key documents on the CAA website progressively being updated so that the information you need is current when the Act takes effect. These include:
- Pending Rules which will come into effect on 5 April 2025
- All 1500-plus Forms
- The Fit and Proper Person handbook
- 170-plus Advisory Circulars,
- Criteria for granting exemptions (Exemptions granted under the 1990 Act will continue to apply until they expire, are replaced or revoked)
- Existing and new CAA operational policies (new operational policies cover entry and inspection, searching, and the use of non-disturbance notices and improvement notices).
- DAMP – 5 April marks the start of the two-year transition period for some participants to set up and have approved drug and alcohol management plans.
You can also view the certification and licensing transition arrangements on the CAA website.
Aviation security
The CA Act 2023 clarifies Aviation Security Officers’ (ASOs’) powers, protections and tools. ASOs have been undergoing training on the changes and they are outlined on the CAA website.
AvSec officers will be recognisable in the same uniforms, using the same branding and identification as they do now. Screening point signage will be updated to remove references to the 1990 Act and penalties and to reflect consent requirements under the 2023 Act.
AvSec will not be a ‘certificated organisation’ under Aviation Rule Part 140 but will need to operate to the same standards as it would if it were a Part 140 organisation.
Airport signage
By 5 April 2025, all Operational Area signs must have the existing penalties and references to the 1990 Act either removed or covered. In most instances, this can be achieved by placing a white sticker over the unwanted wording. There are some additional changes which affect Security Area signage at security designated aerodromes. CAA has provided detailed information and links to the signage supplier on the CAA website.