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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 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 pilot-in-command of an aeroplane performing an air operation must not commence a flight under VFR unless current meteorological reports, or a combination of current reports and forecasts, indicate that VFR minima prescribed in Part 91 and in paragraph (b) can be complied with along the route, or that part of the route to be flown under VFR.
(b) A pilot-in-command of an aeroplane performing an air operation outside controlled airspace under VFR must—
(1) fly 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) fly beneath the ceiling, remaining clear of cloud, and in continuous sight of the ground or water; and
(3) except as provided in paragraph (c), not fly above more than scattered cloud.
(c) A pilot-in-command of an aeroplane must not perform an air operation under VFR above more than scattered cloud unless the aeroplane—
(1) meets the requirements for flight under IFR and the minimum number of flight crew members required for operating the aeroplane under IFR, holding current instrument rating qualifications, are at the controls; and
(2) is equipped with operative instruments and equipment, including radio navigation equipment, that are required for flight under IFR; and
(3) 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) 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) 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—
(1) the meteorological conditions at the applicable destination aerodrome at the estimated time of arrival will be at or above the minima published in the applicable AIP for the instrument procedure likely to be used at that aerodrome; or
(2) if only 1 alternate aerodrome is listed in the flight plan, the ceiling and visibility requirements prescribed in rule 91.405(a)(2) will be met; or
(3) if 2 or more alternate aerodromes are listed in the flight plan, the ceiling and visibility requirements prescribed in rule 91.405(b) will be met at the alternate aerodromes at the estimated time of arrival.
(b) A pilot-in-command of an aeroplane performing an air operation must not commence an operation under IFR unless at least 1 alternate aerodrome is listed in the flight plan where the ceiling and visibility requirements prescribed in rule 91.405(b) will be met at that alternate aerodrome at the estimated time of arrival if—
(1) the departure or destination aerodrome for the operation is outside of the New Zealand FIR; and
(2) the destination aerodrome does not have 2 or more physically separate runways that are suitable in accordance with the flight manual 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 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 complies 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 in accordance with paragraph (b) must comply with any requirements specified in the certificate holder’s exposition in relation to the increased aerodrome operating minima.
Each person performing an air transport operation must ensure an IFR flight from an aerodrome is not commenced when weather conditions are at or above take-off minima requirements prescribed under rule 91.413 and are below authorised IFR landing minima requirements prescribed under rule 91.413, unless the aeroplane is a multi-engine aeroplane and there is an appropriate aerodrome—
(1) for a two-engine aeroplane, 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 a multi-engine aeroplane at lower take-off minima than those prescribed in rule 91.413(g) if the holder of the air operator certificate ensures that the operation is conducted in accordance with the reduced minima take-off procedure specified in the certificate holder’s exposition.
(b) The reduced take-off minima procedure must require that—
(1) every flight crew member is qualified for reduced minima takeoffs; 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 two-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 take-off is acceptable to the Director.
(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 an 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 procedures published in the applicable AIP for the aerodrome being used.
(d) A holder of an air operator certificate must ensure that a SEIFR passenger operation does not operate further than 45 minutes flying time for the aeroplane being used, in still air at normal cruising speed, from a suitable aerodrome.
(e) For the purpose of paragraph (d), a suitable aerodrome means an aerodrome that—
(1) will, at the possible time of use, be at or above the approved weather minima specified for that aerodrome when used as an alternate; and
(2) has suitable facilities and services available for the aeroplane type concerned that include—
(i) a meteorological reporting service; and
(ii) at least one instrument approach procedure published in the applicable AIP.
