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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 under VFR must plan, perform, and control the flight using meteorological information of a sufficient reliability and accuracy provided from a source considered acceptable to the operator and the pilot-in-command.
(b) A person performing an air transport operation under IFR must plan, perform, and control the flight using meteorological information provided for aviation purposes by—
(1) subject to paragraph (c), 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.
(c) A pilot-in-command of an aircraft may, for an IFR 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 person performing an air operation must ensure that a VFR flight is not commenced unless current meteorological information indicates VFR minima prescribed in Part 91 and in paragraphs (b), (c), (d), and (e) 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 a VFR air operation outside controlled airspace must fly in meteorological conditions—
(1) of not less than a ceiling of 1000 feet AGL and a flight visibility of not less than 5 km; and
(2) if the operation is by night, of not less than a ceiling of 3000 feet AGL and a flight visibility of not less than 16 km.
(c) A pilot-in-command of a helicopter performing a VFR air transport operation outside controlled airspace must fly in meteorological conditions—
(1) of not less than a ceiling of 600 feet AGL and flight visibility of not less than 1500 metres; and
(2) if the operation is by night, of not less than a ceiling of 2000 feet AGL and flight visibility of not less than 5 km.
(d) A pilot-in-command of a helicopter performing a VFR commercial transport operation must—
(1) manoeuvre the helicopter so that the pilot can, at all times, observe other traffic and any obstruction in time to avoid a collision; and
(2) for remote aerodrome access, fly in meteorological conditions of not less than a ceiling of 600 feet AGL and flight visibility of not less than 1500 metres; and
(3) for other than remote aerodrome access, fly beneath the ceiling, remaining clear of cloud, and in continuous sight of the surface and above not more than scattered cloud; and
(4) if the operation is by night, fly in meteorological conditions of not less than a ceiling of 2000 feet AGL and a flight visibility of not less than 5 km.
(e) A pilot-in-command of an aircraft may not perform an air operation under VFR above more than scattered cloud unless—
(1) the aircraft is authorised for IFR flight and the required minimum flight crew for IFR operation, holding current instrument rating qualifications, is performing the operation; and
(2) the instruments and equipment, including radio navigation equipment, required for IFR flight are operative; and
(3) the aircraft carries radio navigation equipment to enable it to be navigated by IFR to an aerodrome where an instrument approach procedure may be carried out for landing; and
(4) the aircraft carries sufficient fuel and fuel reserves to proceed by IFR to an aerodrome where an instrument approach procedure may be carried out for landing.
(f) Notwithstanding paragraph (e), a pilot-in-command of an aircraft may not perform an air operation carrying passengers under VFR in a single engine aircraft above more than scattered cloud.
A pilot-in-command of an aircraft performing an air transport 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, at the estimated time of arrival, be at or above the minima published in the applicable AIP for the instrument procedure likely to be used at the applicable destination aerodrome.
(a) A pilot-in-command of an aircraft 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 aircraft 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 meteorological 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 there is an appropriate aerodrome—
(1) for a two engined aircraft, 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 aircraft 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(g) if the certificate holder 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 aircraft is a two-engine propeller-driven aeroplane, the aircraft 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 that take-off is acceptable to the Director.
(a) A pilot-in-command of an aircraft performing an air transport 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 procedures 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.
