A Notice of Proposed Rule Making (NPRM) asks for comments on proposed rule changes. Anyone can make a submission during the public consultation period.

After the consultation period has closed, a summary of public submissions is published with our responses. We then prepare the draft final rule for the Ministry of Transport.

As a result of public submissions, the draft final rule may contain amendments to the proposal in the NPRM. Such changes are noted in our responses, and in the text supporting the draft final rule.

If any of the NPRM proposals are to be significantly amended as a result of the public submissions, we will engage in further consultation before the draft final rule is forwarded to the Ministry.

Notice of Proposed Rule Making NPRM 22-01 Part 139 Runway Condition Reporting - 29 Sep 2022 [PDF 457 KB]

The purpose of this proposal is to update the Rules that prescribe the requirements relating to Runway Condition Reporting (RCR) to be fit for purpose. In its current form, the affected Rules are not workable with the use of the term ‘real time’.

Aerodromes already inspect their runways as part of a more general inspection programme. The proposal is part of the implementation of a globally standardised approach which has been tested and validated to replace subjective judgements with objective assessments directly tied to criteria relevant for aeroplane performance. New Zealand is one of many countries implementing RCR. Ensuring global consistency, where appropriate, is important to New Zealand remaining part of the global aviation system.

ICAO have amended their Standards and Recommended Practices (SARPs) and produced a range of guidance to support the implementation of standardised runway condition reporting (RCR). The revised SARPs came into effect on 5 November 2020. The current rule 139.103(b)(3) which was put in place before ICAO finalised their SARPS, is not practicable and will not enable New Zealand to implement the globally standardised method.

A main feature of the proposal is it allows a holder of an aerodrome operator certificate the flexibility to choose an assessment method and an RCR method that is proportionate to its needs; takes into account its resources and unique set of circumstances, whilst passengers reap the safety benefits of RCR.

The proposal includes consequential amendments to Parts 172, 121, 125, 135 and 1 to give full effect to the proposal.

In tandem with this NPRM, we have also done a substantive revision of AC139-3, Aerodrome Inspection Programme and Condition Reporting. You can review this draft here:

Advisory Circulars open for consultation

Submissions closed 30 Nov 2022.

Performance-based navigation (PBN) regulatory framework

The existing regulatory framework for PBN is based on Civil Aviation Rules (CARs) that are unclear, out of date and do not fully support all aspects of PBN operations.

This creates an unnecessary regulatory burden that affects operators in terms of their understanding of requirements and their ability to maximise the benefits of PBN operations. It also affects the Civil Aviation Authority because of the additional resource needed to administer the requirements and the lack of a clear framework for implementing new and amended PBN specifications.

To address this problem, we are proposing a package of regulatory changes and associated guidance material that will create a modern, fit for purpose regulatory framework that enables the potential benefits of PBN to be achieved.

This package includes new and revised CARs, detailed technical and operational requirements contained in notices, and acceptable means of complying with requirements.

NPRM 20-01 Part 91 Performance Based Navigation Regulatory Framework [PDF 595 KB]

Part 91 Mandatory ADS-B Below Flight Level 245

The purpose of this rule-making proposal is to further update the Civil Aviation Rules (the Rules) to complete the transition from secondary surveillance radar to Automatic Dependent Surveillance Broadcast (ADS-B) Out as the primary source of data for surveillance in New Zealand. This is the second phase for ADS-B uptake in New Zealand as part of the wider New Southern Sky (NSS) programme. The first phase had brought in ADS-B for all aircraft that operate in controlled airspace above flight level 245. The aim of the proposal is to provide a regulatory framework for the safe and effective introduction of ADS-B in controlled airspace below flight level 245 in the New Zealand Information Region. As the current primary and secondary surveillance radar are coming to the end of life at the end of 2021, it is proposed that ADS-B be the primary source of surveillance from 31 December 2021.

This proposal relates primarily to Part 91 and includes proposed consequential amendments to Parts 1 and 172.

NPRM 19-05 Part 91 Mandatory ADS-B Below Flight Level 245 [PDF 287 KB]

Submissions closed 21 Feb 2020

Summary of submissions from consultation in Apr/May 2019 [PDF 200 KB]

Part 61 Private Pilot Licence Medical Review

The purpose of this rule-making proposal is to adopt a standard of medical certification for New Zealand private pilots that:

  • requires a standard of medical fitness that is commensurate to the risk posed by private pilots; and
  • is associated with costs that are commensurate to the risk posed by the sector.

Based on overseas practice, public consultation and analysis, the CAA proposes that the medical standard for a commercial driver licence that is applicable for a class 2, 3, 4 or 5 with passenger endorsement[1]  apply in respect of certain privileges for a private pilot licence (PPL) as specified in the proposed rules. The same standard currently applies to a recreational pilot licence (RPL).

The CAA proposes that the RPL category be revoked.

The CAA also proposes that PPL pilots flying on the commercial driver licence medical standard be allowed to exercise the following privileges:

  • carry up to five passengers; unless performing an aerobatic manoeuvre in which case no passenger is to be carried;
  • fly aircraft with a maximum certificated take-off weight (MCTOW) of up to 2,730 kg;
  • allow them to fly in the vicinity of controlled aerodromes provided they are in radio contact with the appropriate ATS unit; and
  • allow them to obtain glider tow and parachute drop ratings.

The CAA further proposes that PPL pilots flying on the commercial driver licence medical standard be prohibited from carrying out the following activities:

  • flying outside of New Zealand;
  • flying for remuneration;
  • flying for hire or reward;
  • flying multi-engine aircraft;
  • flying pressurised aircraft;
  • exercising the privileges of an aerobatic rating;
  • undertaking agricultural aircraft operations;
  • towing banners and drogues;
  • flying at night;
  • flying under IFR;
  • carrying a passenger if performing an aerobatic manoeuvre; or
  • performing a parachute drop operation exceeding 10,000 feet ASML.

[1] A medical certificate for a commercial driver licence is issued in accordance with section 44(1) of the Land Transport (Driver Licensing) Rule 1999.

NPRM 19-04 Part 61 Private Pilot Licence Medical Review [PDF 1.2 MB]

Submissions closed 03 Feb 2020 (note this was extended from 27 Jan 2020 at the request of the aviation community).

Summary of public submissions received on NPRM Part 61 — Private Pilot Licence Medical Review [PDF 466 KB]