Take-off for the Civil Aviation Act 2023 this Saturday – Don’t miss the runway!

The Civil Aviation Act 2023 (“the Act”) comes into force on 5 April 2025 and is set to replace both the Airport Authorities Act 1966 (“the Airport Authorities Act”) and the Civil Aviation Act 1990. The Act updates New Zealand’s aviation law in many ways, including regulating drone use, introducing stronger drug and alcohol management obligations and enhancing consultation requirements, with the overall purpose of ensuring safe aviation throughout New Zealand.

Airport operators – the new norm

 One major change is the requirement to register under the Act as an ‘airport operator’, rather than as an ‘airport authority’ under the Airport Authorities Act. 

Under the previous legislation, to be an airport authority, a local authority or airport company must be authorised to establish, operate or manage an airport (including those who could exercise the powers of a local authority). In contrast, an airport must apply to be an ‘airport operator’ under the Act. Its application will be successful, if it can show: 

• those who will be substantially affected by the registration have been consulted; 
• registering the operator in relation to the aerodrome is consistent with the purposes of the Act; and
• there is no reason to believe that the applicant will not comply with their airport operator obligations.

Any new application to be a registered airport operator under the Act must be submitted to the Secretary, the Chief Executive of the Ministry of Transport (“the Ministry”) by way of the Ministry’s website. The Ministry currently anticipates applications that provide all required information will take approximately 4 weeks to process. 

Applications and the register of airport operators

Under the Airport Authorities Act, the Ministry grants airport authority status. An issue that we have come across is it is often difficult to determine whether an airport or aerodrome was granted airport authority status. This is due to the lack of a centralised place detailing all current airport authorities.

When airport operators are successfully registered, the details will be logged into a new registration system on the Ministry’s website. The registration system will detail airport operators’ compliance with their obligations, removing ambiguity around what airport operators exist in New Zealand and the area they cover.

The register will hold the following information in relation to each airport operator:

• the aerodrome and any other area covered by registration;
• the name of the operator;
• when the operator was registered;
• if the registration has been suspended or cancelled, and the date on which the suspension or cancellation took effect;
• any space requirements that apply in relation to the airport operator;
• whether a regulatory airport spatial undertaking has been accepted;
• any other prescribed information; and
• any other information the Secretary thinks fit.

What happens to existing airport authorities?
While the Act comes into force on 5 April 2025, the Airport Authorities Act will continue to apply to existing airport authorities until they register as airport operators under the Act. Upon registration, its status as an airport authority under the Airport Authorities Act will cease. Importantly, any charges or bylaws made under the Airport Authorities Act will not be extinguished or removed upon registration as an airport operator. While existing airport authorities will keep their status in the meantime, all airport authorities will have to register as an airport operator under the Act by 5 April 2030. 

Key Takeaways
The Act is modernising the regulatory system relating to airport operators and the aviation sector. We expect the transition period to be helpful by allowing current airport authorities to consider their application under the Act; this period will also allow the Government to prepare for the transition by implementing rules for the Act. Ultimately, by having the rights and obligations of airport operators in one place in the Act, the system will be clearer for all. From Saturday 5 April, airports can apply to register as an airport operator. Get in touch for assistance with your airport operator application.