Download the PDF consolidation of Part 129 [PDF 113 KB]
(a) Except as provided in paragraph (b), this Part applies to persons conducting foreign air transport operations of—
(1) more than 1 take-off and 1 landing within New Zealand in any consecutive 28 day period; or
(2) more than 4 take-offs and 4 landings within New Zealand in any consecutive 365 day period.
(b) This Part does not apply to operations conducted for the purpose of medical emergencies, including evacuations, or the carriage of medical supplies or body organs.
In this Part—
Foreign air transport operation means an air transport operation conducted by a person not domiciled in New Zealand that is—
(1) to or from New Zealand; or
(2) within New Zealand as part of an air operation to or from New Zealand.
(a) A person must not perform an operation to which this Part applies except under the authority of, and in accordance with, a foreign air operator certificate issued under this Part.
(b) The requirements in paragraph (a) do not apply to air operations conducted in New Zealand under an Australian AOC with ANZA privileges.
Each applicant for the grant of a foreign air operator certificate must—
(1) complete the approved CAA form and submit it to the Director with a payment of the appropriate application fee not less than 90 days before the date of intended operation, unless a shorter period is acceptable to the Director; and
(2) provide the details required by rule 129.13(b) for the operations specifications; and
(3) provide for review those parts of its exposition relevant to its operations to, from, or within New Zealand, required by rule 129.63; and
(4) provide evidence of its authorisation required by rule 129.51.
An applicant is entitled to a foreign air operator certificate if the Director is satisfied that—
(1) the applicant meets all applicable requirements of Subpart B; and
(2) the applicant, where the applicant is a natural person, and the applicant's senior person or persons nominated in accordance with rules 129.63(1) and (2) are fit and proper persons; and
(3) the ICAO contracting State or State or territory referred to in rule 129.51 is maintaining its functions in respect of the proposed foreign air transport operation in accordance with the Convention; and
(4) the granting of the certificate is not contrary to the interests of aviation safety.
A foreign air operator certificate specifies the foreign air transport operations that the holder of the foreign air operator certificate may perform.
(a) A foreign air operator certificate issued in accordance with this Part must be accompanied by the operations specifications specified in paragraph (b).
(b) Operations specifications must contain—
(1) the specific location of the certificate holder's principal base of operations; and
(2) if different, the address that must serve as the primary point of contact for correspondence between the Director and the certificate holder; and
(3) the certificate holder's New Zealand address for service; and
(4) other business names under which the certificate holder may operate; and
(5) the type of aircraft authorised for use; and
(6) the kinds of operations authorised; and
(7) the authorisation and limitations for routes and areas of operations; and
(8) the names of aerodromes and alternates to be used; and
(9) any exemption granted from any requirement of this or any other Part; and
(10) any other item the Director determines is necessary to cover a particular situation.
(a) A foreign air operator certificate may be granted or renewed for a period of up to five years.
(b) A foreign air operator certificate remains in force until it expires or is suspended or revoked by the Director.
(c) The holder of a foreign air operator certificate that expires or is revoked must surrender the certificate to the Director as soon as possible.
(d) The holder of a foreign air operator certificate that is suspended must produce the certificate to the Director as soon as possible for appropriate endorsement.
Each holder of a foreign air operator certificate who terminates operations to which this Part applies must notify the Director in writing within 30 days of the date of termination.
(a) If the holder of a foreign air operator certificate wishes to apply for renewal of their certificate they must use the approved CAA form.
(b) The application required by 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.
