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(a) This Part prescribes requirements for the certification and continuing operations of persons domiciled in New Zealand conducting air operations under Parts 121, 125, and 135.
(b) This Part does not apply to the holder of an Australian AOC with ANZA privileges.
In this Part:
Airline air operator certificate means an air operator certificate that authorises the holder to conduct—
(1) air operations using an aeroplane that has a passenger seating configuration of more than 30 seats, excluding any required crew member seat, or a payload capacity of more than 3410 kg, in accordance with Part 121; or
(2) air operations using an aeroplane that has a passenger seating configuration of 10 to 30 seats, excluding any required crew member seat, or a payload capacity of 3410 kg or less and a MCTOW of greater than 5700 kg, in accordance with Part 125; or
(3) SEIFR passenger operations, in accordance with Part 125; or
(4) air operations, except SEIFR passenger operations, using an aeroplane that has a passenger seating configuration of 9 seats or less, excluding any required crew member seat, and a MCTOW of 5700 kg or less, or using a helicopter, in accordance with Part 135:
Air operator certificate means an airline air operator certificate or a general aviation air operator certificate:
Exposition, unless the context otherwise requires, means the exposition required by rule 119.81 or 119.125:
General aviation air operator certificate means an air operator certificate that authorises the holder to conduct air operations, except SEIFR passenger operations, using an aeroplane that has a passenger seating configuration of 9 seats or less, excluding any required crew member seat, and a MCTOW of 5700 kg or less, or using a helicopter, in accordance with Part 135.
(a) A person having operational responsibility for an air operation must hold, and comply with, an air operator certificate issued under this Part.
(b) Except for an adventure aviation operation, a person must not perform an air operation except under the authority of, and in accordance with the privileges of, an air operator certificate issued under the Act and this Part.
(c) For the purpose of paragraph (a) a person has operational responsibility for an air operation if the person has responsibility for two or more of the following functions:
(1) determining whether the operation may be operated safely:
(2) assigning crew members for the operation:
(3) employing, contracting, or otherwise engaging crew members for the operation:
(4) making a decision to vary the operation, other than a decision by the pilot-in-command taken on the grounds of safety.
An applicant for the grant of an air operator certificate must complete the approved CAA form, which requires—
(1) the name and address for service in New Zealand of the applicant; and
(2) the details required by rule 119.15(b), for the operations specifications; and
(3) the exposition required—
(i) by rule 119.81 for an airline air operator certificate; or
(ii) by rule 119.125 for a general aviation air operator certificate; and
(4) such further particulars relating to the applicant as may be required by the Director as indicated on the form— and submit it to the Director, with a payment of the appropriate application fee prescribed by regulations made under the Act, not less than 90 days before the date of intended operation, unless a shorter period is acceptable to the Director.
(a) An applicant is entitled to an airline air operator certificate if the Director is satisfied that, in accordance with section 75 of the Act,—
(1) the applicant meets the applicable requirements of subpart B; and
(2) the applicant, where the applicant is a natural person, and the applicant's senior persons required by rules 119.51(a)(1) and (2) are fit and proper persons; and
(3) the granting of the certificate is not contrary to the interests of aviation safety; and
(4) in the case of a New Zealand AOC with ANZA privileges, the airline operations to, from, or within Australia will be conducted using—
(i) in the case of passenger operations, aircraft with a capacity of more than 30 passenger seats, or a maximum certificated take-off weight of more than 15,000 kg; and
(ii) in the case of cargo or combined cargo and passenger operations, aircraft with a maximum certificated take-off weight of more than 15,000 kg or a maximum payload capacity of more than 3,410kg.
(b) An applicant is entitled to a general aviation air operator certificate if the Director is satisfied that, in accordance with section 75 of the Act—
(1) the applicant meets the applicable requirements of Subpart C; and
(2) the applicant, where the applicant is a natural person, and the applicant's senior persons required by rules 119.101(a)(1) and (2) are fit and proper persons; and
(3) the granting of the certificate is not contrary to the interests of aviation safety.
(a) An air operator certificate specifies the privileges that the certificate holder is authorised to perform.
(b) An air operator certificate authorises the certificate holder to perform—
(1) air operations listed in the certificate holder’s air operator certificate; and
(2) ground or flight training appropriate to the aircraft operated or intended to be operated; and
(3) test or check flights to determine the competence of flight crew; and
(4) tests or checks to determine the competence of other persons providing the services or carrying out the operations listed in the certificate holder’s exposition.
(a) An air operator certificate issued under the Act and this Part must be accompanied by the operations specifications specified in paragraph (b).
(b) The operations specifications must contain—
(1) details of the physical location of the certificate holder’s principal base of operations; and
(2) the certificate holder’s address for service in New Zealand; and
(3) other business names under which the certificate holder may operate; and
(4) the type, serial number, and registration of every aircraft that is authorised for use; and
(5) details of the air operation types authorised; and
(6) the authorisation and limitations for routes and areas of operations; and
(7) any exemption granted from any requirement of this or any other Part; and
(8) any other item that the Director determines is necessary to cover a particular situation; and
(9) where applicable, the authorisations and limitations for routes and areas of air operations conducted in Australia by a holder of a New Zealand AOC with ANZA privileges.
(c) When authorising SEIFR passenger operations in a certificate holder’s operations specifications, the Director may specify that the authorisation is valid for a period less than that for which the air operator certificate is valid.
(d) When authorising EDTO in a certificate holder’s operations specifications the Director must specify the following:
(1) the registration of each aeroplane authorised for EDTO; and
(2) the maximum diversion time for each aeroplane that is authorised for EDTO under paragraph (1); and
(3) the EDTO alternate aerodromes authorised for EDTO.
(a) An air operator certificate may be granted or renewed for a period of up to five years.
(b) An air operator certificate remains in force until it expires or is suspended or revoked by the Director.
(c) The holder of an air operator certificate that expires or is revoked must surrender the certificate to the Director as soon as possible.
(d) The holder of an air operator certificate that is suspended must as soon as possible produce the certificate to the Director for appropriate endorsement.
Each holder of an air operator certificate that terminates air operations must notify the Director of the termination in writing within 30 days of the date of termination.
(a) If the holder of an air operator certificate wishes to apply for renewal of their certificate, they must use the approved CAA form.
(b) An application under paragraph (a) must be submitted to the Director before the application renewal date specified in the certificate or, if no such date is specified, not less than 60 days before the certificate expires.
