Civil Aviation Act and Regulatory Framework
The Civil Aviation Act 1990 is the primary statute for aviation safety and security in New Zealand. It establishes the Civil Aviation Authority (CAA) as the safety regulator and the office of the Director of Civil Aviation. The Director is the CAA's chief executive and the statutory decision-maker for pilot licences, certificates, air operator certificates and enforcement action. The Minister of Transport is responsible for the Act and for making ordinary Civil Aviation Rules; the CAA administers and enforces them. The Transport Accident Investigation Commission (TAIC) is independent and investigates accidents and serious incidents. This domain tests the hierarchy: Act, Rules, advisory material, and the roles of each body.
Hierarchy and instruments
Civil Aviation Rules (CARs) are delegated legislation, not Acts of Parliament. They are arranged in Parts: Part 1 definitions; Part 21 certification; Part 39 airworthiness directives; Part 43 maintenance; Part 47 registration; Part 61 licensing; Part 91 general operating; Parts 121, 125 and 135 air operations; Part 139 aerodromes. If a rule conflicts with the Act, the Act prevails. A rule prevails over an advisory circular, an operator's exposition or an AIP procedure. New Zealand gives effect to ICAO Chicago Convention Annexes through the CARs; ICAO standards are not directly enforceable unless incorporated into NZ law.
Worked example
An operator's exposition says passengers may be carried without life jackets on a sector 20 nm offshore. Part 91 requires life jackets for flight over water beyond gliding distance. The rule, made under the Act, prevails over the exposition. The examiner is testing the hierarchy, not the operator's document.
Traps
- Saying the CAA makes the Rules; the Minister of Transport makes ordinary rules and the CAA enforces them.
- Confusing the CAA with TAIC; TAIC investigates, it does not license or enforce.
- Treating CARs as statutes; they are delegated legislation.
- Assuming the Director and the Minister are the same decision-maker.