The Civil Aviation Act 1990 and the Civil Aviation Rules
The Act and its architecture
The Civil Aviation Act 1990 is the primary statute. The Minister of Transport sets policy and makes ordinary civil aviation rules under section 34; the Director of Civil Aviation, heading the Civil Aviation Authority (a Crown entity that also contains AvSec), administers the Act, issues certificates and can suspend or revoke them. Emergency rules may be made by the Director under section 39, with short life and later confirmation.
The Rules
The Civil Aviation Rules (CARs) are secondary legislation in numbered Parts: Part 1 definitions; Part 12 accidents and incidents; Part 21 certification; Part 43 maintenance; Part 47 registration; Part 61 licences; Part 67 medical; Part 91 general operating and flight rules; Part 119 air operator certification; Parts 121, 125 and 135 air operations; Part 139 aerodromes; Part 140 security; Part 172 ATS. Each Part has a purpose statement and defined applicability. The rules apply to NZ-registered aircraft worldwide and to all aircraft within NZ airspace, with limited exceptions for foreign State aircraft.
Definitions and exemptions
Part 1 definitions are examinable: aircraft, pilot in command, flight time, operating crew. The Director may grant exemptions from a rule, normally in writing and with conditions, where an equivalent level of safety is shown; an exemption binds only the holder, unlike a rule change.
Worked example
An operator wants to use an instrument that does not meet a Part 91 equipment specification. It cannot simply rely on the manufacturer. It applies to the Director for an exemption, supplying a safety case; the Director may grant it with conditions. If the matter affects the whole industry, the proper route is a rule amendment by the Minister after consultation.
Traps
Treating the Act and the Rules as the same instrument; assuming the CAA makes the rules (the Minister does); confusing an exemption with an airworthiness approval; missing that Part 91 is the default and Parts 121/125/135 add stricter requirements.