Bylaws 101: Everything you need to know about the Civil Aviation Act 2023 update to airport bylaws

The Civil Aviation Act 2023 (“the Act”) was introduced to Parliament in 2021 to repeal and replace both the Civil Aviation Act 1990 and the Airport Authorities Act 1966 (“the Airport Authorities Act”) with a single, modern statute. A key modernisation in the Act relates to how airport bylaws are made and amended by airport operators.

Section 9 of the Airport Authorities Act allowed airport authorities (or local authorities) to make bylaws for the airport as they thought fit. Section 9 provided for a number of purposes for which an airport authority could make bylaws, including for the good rule and management of the airport and regulating traffic. However, airport authorities had to seek the approval of  the Minister of Transport, or the Governor-General by Order in Council, when making bylaws. 

The Act provides several updates including changes to the process that airport operators go through to make bylaws. Some of those changes relate to making bylaws, consultation requirements and the Minister’s new role.

Making bylaws

Section 235 of the Act empowers airport operators to make bylaws, replacing section 9 of the Airport Authorities Act. The purposes that allow airport operators to make bylaws under the Act are similar to those under the Airport Authorities Act. The key difference is, under the Act, airport operators cannot make bylaws that affect the roads, as defined in the Land Transport Act 1998, which includes streets and places which the public has access to. Airport operators can still make bylaws that affect the roads, but this must be done under Part 3 of the Land Transport Act 1998, in its capacity as a “road controlling authority”. 

Consultation

Section 236 of the Act requires airport operators to consult with a number of parties when making bylaws under the Act. This replaces the requirement to seek approval from the Minister or Governor-General, under the Airport Authorities Act. Consultation is different for airport operators who are local authorities, and those who are not. For example, airport operators must consult with parties including the Civil Aviation Authority, the Police, the Chief Executive of the Ministry of Transport (the ‘Secretary’) and any parties who the airport authority believes may be affected by the bylaw. Conversely, local authorities must consult the public in accordance with section 156 of the Local Government Act 2002. 

Publication 

Once the consultation phase is complete, the airport operator must give public notice that the bylaws are in place, stating:

• When the bylaws come into force; and
• That copies of the bylaws can be inspected and obtained at the office of the airport operator. 

Public notice, holding copies of bylaws at the airport operator’s office, making bylaws available online and supplying bylaws to anyone who requests a copy, are required by airport operators to finalise bylaws that have been made or amended. This removes the formality of bylaws having to be approved by the Minister of Transport. 

Minister’s role
Section 238 of the Act allows for the Minister of Transport to amend, replace or disallow bylaws either wholly or partly. The Minister can only do so if the bylaw is inconsistent with any enactment or is “unreasonable or undesirable” to the extent that it relates to or may affect traffic. The intention of the consultation process is to ensure this power is not required to be used by the Minister. However, it is likely that the Ministry will attempt to advise the airport operator about the issues/concerns, prior to the Minister taking such action. 

Key Takeaways 
Existing bylaws implemented under the Airport Authorities Act will continue to apply if the airport is reregistered under the Act as an airport operator prior to 5 April 2030. If an existing airport authority does not reregister under the Act, its existing bylaws (and airport authority status) will expire on 5 April 2030 when the Airport Authorities Act is repealed. 

If any airports have been contemplating changes to their current bylaws, it may be beneficial to wait until you are registered under the Act, as we view the bylaw updates to be more user friendly. Airports should also consider how registration under the Act will affect the airport’s bylaws and what amendments should be made to the bylaws once registered under the Act.