Download the PDF consolidation of Part 121 [PDF 886 KB]
This Subpart prescribes the rules governing VFR and IFR operations, and associated weather requirements.
(a) A person performing an air operation must plan, perform, and control a flight using meteorological information provided for aviation purposes by—
(1) subject to paragraph (b), for a flight sector originating within New Zealand, the holder of an aviation meteorological service organisation certificate issued in accordance with Part 174; or
(2) for a sector originating from an aerodrome outside New Zealand, an aviation meteorological service organisation that–
(i) meets a standard equivalent to that specified by Part 174; and
(ii) is authorised by an ICAO Contracting State to provide aviation meteorological information.
(b) A pilot-in-command of an aeroplane may, for a flight sector that originates and terminates within New Zealand, use the meteorological information provided in a basic weather report to perform an instrument approach procedure if the holder of the air operator certificate under which the flight is operated is satisfied that the basic weather report is provided in accordance with the requirements of rule 174.6.
(a) A person performing an air operation must ensure a VFR flight is not commenced unless current meteorological reports, or a combination of current reports and forecasts, indicate VFR minima prescribed in Part 91 and in paragraph (d) can be complied with along the route, or that part of the route to be flown under VFR.
(b) A person must not perform an extended over-water operation under VFR.
(c) A pilot-in-command performing VFR air operations outside controlled airspace must fly—
(1) in meteorological conditions of not less than a ceiling of 1000 feet AGL and a flight visibility of not less than 5 km; and
(2) beneath the ceiling, remaining clear of cloud, and in continuous sight of the ground or water; and
(3) above not more than scattered cloud.
(d) A pilot-in-command must not carry out an air operation under VFR in a multi-engine aeroplane above more than scattered cloud unless—
(1) the aeroplane meets the requirements for IFR flight and the required minimum flight crew for IFR operation, holding current instrument rating qualifications, is at the controls; and
(2) the instruments and equipment, including radio navigation equipment, required for IFR flight are operative; and
(3) the aeroplane is capable, with one engine inoperative, of maintaining a net flight path that has a positive slope at 1000 feet above the cloud; and
(4) the aeroplane carries radio navigation equipment enabling it to be navigated by IFR to an aerodrome where an instrument approach procedure may be carried out for landing; and
(5) the aeroplane carries sufficient fuel and fuel reserves to proceed by IFR to an aerodrome where an instrument approach procedure may be carried out for landing.
(a) A pilot-in-command of an aeroplane performing an air operation must not commence an operation under IFR unless current meteorological reports, or a combination of current meteorological reports and forecasts, indicate that conditions will—
(1) at the estimated time of arrival at the applicable destination aerodrome, be at or above the minima published in the applicable AIP for the instrument procedure likely to be used at that aerodrome; or
(2) at the estimated time of use, at—
(i) one alternate aerodrome, meet the ceiling and visibility that are required by rule 91.405(a)(2); or
(ii) two alternate aerodromes, meet the ceiling and visibility that are required by rule 91.405(b).
(b) A pilot-in-command of an aeroplane must not commence an air operation under IFR unless at least one alternate aerodrome is available, that meets the ceiling and visibility that are required by rule 91.405(b), if—
(1) the departure or destination aerodrome for the operation is outside New Zealand; and
(2) the destination aerodrome has less than two separate runways suitable for use by the aeroplane being used.
(a) A pilot-in-command of an aeroplane must not continue an instrument approach to an aerodrome past the final approach fix or, if a final approach fix is not used, must not commence the final approach segment of the instrument approach procedure if, before passing the final approach fix or before commencing the final approach segment, current meteorological information indicates that the visibility at the aerodrome is less than the minimum visibility published in the applicable AIP for the instrument approach procedure being used.
(b) For the purpose of paragraph (a), the final approach segment begins—
(1) at the final approach fix or facility specified in the instrument approach procedure; or
(2) if a final approach fix is not specified in the instrument approach procedure and the procedure includes a procedure turn, at the point where the procedure turn is completed and the aeroplane is established on the final approach course within the distance specified in the instrument approach procedure.
(a) A holder of an air operator certificate must ensure that a pilot-in-command performing an air operation must comply with the aerodrome operating minima that apply to the aerodrome, as published in the applicable AIP.
(b) The holder of an air operator certificate may increase the aerodrome operating minima by including the increased aerodrome operating minima in the certificate holder’s exposition.
(c) A pilot-in-command who operates under increased aerodrome operating minima must comply with any requirements specified in the certificate holder’s exposition in relation to the increased aerodrome operating minima.
A person performing an air operation must ensure an IFR flight from an aerodrome is not commenced when weather conditions are at or above takeoff minima prescribed under rule 91.413 and are below authorised IFR landing minima prescribed under rule 91.413, unless there is an appropriate aerodrome—
(1) for an aeroplane having two engines, within a maximum of one hour flying time, in still air at one engine inoperative cruising speed, of the aerodrome of departure; or
(2) for an aeroplane having three or more engines, within a maximum of two hours flying time, in still air at one engine inoperative cruising speed, of the aerodrome of departure.
(a) A holder of an air operator certificate may operate an aircraft at lower take-off minima than those prescribed in rule 91.413(f) if the certificate holder ensures that the operation is conducted in accordance with the reduced take-off minima procedure specified in the certificate holder’s exposition.
(b) The reduced take-off minima procedure must require that—
(1) the pilot-in-command and the second-in-command are qualified for reduced minima take-offs under rule 121.537; and
(2) the runway to be used has centre-line marking or centre-line lighting; and
(3) reduced take-off minima on the runway to be used are published in the applicable AIP; and
(4) if the aeroplane is a 2 engine propeller-driven aeroplane, the aeroplane is equipped with an operative auto-feather or auto-coarse system; and
(5) the runway visibility is established using RVR; and
(6) the method for observing and confirming that the required visibility exists for the take-off is acceptable to the Director.
(a) A holder of an air operator certificate must not operate a piston engine aeroplane on an air operation on a route that requires the aeroplane to be more than 60 minutes flight time (calculated at a one engine inoperative cruise speed in still air and ISA conditions) from an adequate aerodrome.
(b) A holder of an air operator certificate must not operate an aeroplane with 2 turbine powered engines on an air operation on a route that requires the aeroplane to be more than 60 minutes flight time (calculated at a one engine inoperative cruise speed in still air and ISA conditions) from an adequate aerodrome unless—
(1) except as provided in rule 121.955(b), the aeroplane is certificated to type design specifications for operating more than 60 minutes flight time (calculated at a one engine inoperative cruise speed in still air and ISA conditions) from an adequate aerodrome; and
(2) the certificate holder is authorised in accordance with Subpart N to conduct EDTO; and
(3) the aeroplane is operated in accordance with applicable EDTO requirements prescribed in this Part.
(c) A holder of an air operator certificate must not operate an aeroplane with more than 2 turbine powered engines on an air operation on a route that requires the aeroplane to be more than 180 minutes flight time (calculated at a one engine inoperative cruise speed in still air and ISA conditions) from an adequate aerodrome unless the certificate holder is authorised in accordance with Subpart N to conduct EDTO and the aeroplane is operated in accordance with applicable EDTO requirements prescribed in this Part.
(a) A pilot-in-command of an aeroplane performing an air operation under IFR must conduct the operation on a route published in the applicable AIP, except when—
(1) it is necessary to avoid potentially hazardous conditions; or
(2) operating under radar control from an ATS; or
(3) operating under an off-route clearance obtained from the appropriate ATC unit; or
(4) otherwise specified in the exposition of the holder of the air operator certificate that authorises the operation.
(b) Unless a clearance has been obtained from the appropriate ATC unit, in controlled airspace, a pilot-in-command must comply with any IFR departure and approach procedure published in the applicable AIP for the aerodrome being used.
(c) In uncontrolled airspace a pilot-in-command must comply with any IFR departure and approach procedure published in the applicable AIP for the aerodrome being used.
A holder of an air operator certificate must not conduct an air operation within a polar area unless authorised by the Director.
A holder of an air operator certificate applying for authorisation to conduct an air operation in a polar area must provide the Director with the following information at least 90 days before the intended air operation, or a lesser period acceptable to the Director:
(1) details of the aerodromes in the polar area that meet the criteria for an EDTO alternate aerodrome and any special operational requirement that must be met at the time of a diversion to the aerodrome; and
(2) a recovery plan at any aerodrome nominated under paragraph (1) as an alternate; and
(3) a fuel freeze strategy and procedures for monitoring fuel freezing; and
(4) a plan for ensuring that the communication capability required by rule 121.957(b)(2)(ii) is met during an air operation in a polar area; and
(5) a training plan for an air operation in a polar area; and
(6) a procedure for mitigating exposure of crew members to radiation during periods of solar flare activity; and
(7) procedures for ensuring that at least 2 cold weather anti-exposure suits to protect crew members during outside activity at an aerodrome during severe climatic conditions are carried in any aeroplane operating in a polar area unless the Director determines that, due to seasonal weather conditions, anti-exposure suits are not required.
The Director may amend the operations specifications required by rule 119.15 to authorise a holder of an air operator certificate to conduct an air operation in a polar area if the Director is satisfied that the details of the aerodromes and the information and procedures provided by the certificate holder under rule 121.173 are adequate for assuring the safety of the operation.
