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In this subpart:

139.1 Purpose

This part prescribes—

(1) rules governing the certification and operation of aerodromes; and

(2) rules for security at certificated aerodromes; and

(3) reserved

(4) rules for providing and operating UNICOM services and AWIB services.

139.3 Definitions

In this Part—

Aerodrome operator means—

(1) a person who operates an aerodrome; or

(2) if no person is identified in paragraph (1), a person who is responsible for the management of that aerodrome; or

(3) if no person is identified in paragraphs (1) or (2), a person who is occupying the land forming that aerodrome; or

(4) if no person is identified in paragraphs (1), (2), or (3), the registered owner of the land forming that aerodrome.

Registered owner means the registered owner identified on the register as defined in the Land Transfer Act 2017.

139.5 Requirement for aerodrome operator certificate

(aa) This rule applies to the following aerodromes:

(1) an aerodrome serving any aeroplane that is engaged in regular air transport operations where—

(i) the aeroplane’s point of take-off that immediately precedes the aeroplane landing at the aerodrome, is an aerodrome outside New Zealand; or

(ii) the aeroplane’s point of landing that immediately follows the aeroplane taking-off from the aerodrome, is an aerodrome outside New Zealand:

(2) an aerodrome serving an aeroplane having a certificated seating capacity of more than 30 passengers that is engaged in regular air transport operations for the carriage of passengers

(a) A person must not operate an aerodrome to which this rule applies except under the authority of an aerodrome operator certificate granted by the Director under the Act and in accordance with this Subpart.

(b) An aerodrome operator that is not required to hold an aerodrome operator certificate may apply for an aerodrome operator certificate.

139.5A Requirement for qualifying aerodrome operator certificate

(a) This rule applies to an aerodrome that has been determined by the Director in accordance with rule 139.23 to be a qualifying aerodrome.

(b) A person must not operate a qualifying aerodrome except under the authority of a qualifying aerodrome operator certificate granted by the Director under the Act and in accordance with this Subpart.

(c) An aerodrome operator that is not required to hold a qualifying aerodrome operator certificate may apply for a qualifying aerodrome certificate.

139.7 Application for certificate

(a) An applicant for the grant of an aerodrome operator certificate or a qualifying aerodrome operator certificate must—

(1) submit an application to the Director in accordance with section 73 of the Act; and

(2) pay the appropriate application fee provided for in regulations made under the Act.

(b) An application must include—

(1) a completed application form; and

(2) the exposition required by rule 139.77 for an aerodrome operator certificate or the exposition required by rule 139.417 for a qualifying aerodrome operator certificate, whichever is applicable; and

(3) a plan of the aerodrome and its facilities certified by a registered surveyor; and

(4) evidence of lawful entitlement to use the place as an aerodrome.

(c) The application must be submitted to the Director not less than 90 days before the certificate is required.

139.9 Grant of certificate

(a) The Director, in accordance with section 75 of the Act, may grant an aerodrome operator certificate or a qualifying aerodrome operator certificate, to a person who has applied under rule 139.7.

(b) For the purpose of sections 75(1)(a) and 75(1)(b)(iii) of the Act, the relevant prescribed requirements are the applicable requirements specified in Subpart B or Subpart G, whichever is applicable.

(c) Without limiting the power in section 78(1) of the Act, when granting a qualifying aerodrome operator certificate, the Director may impose any requirements or specify any procedures to be followed by the aerodrome operator to address the risks identified in an aeronautical study required by rule 139.21.

139.11 Duration of certificate

The Director may not specify an expiry date in relation to an aerodrome operator certificate or a qualifying aerodrome operator certificate that is later than 5 years after the date on which the certificate is granted.

139.13 Renewal of certificate

A holder of a current aerodrome operator certificate or a qualifying aerodrome operator certificate that wishes to continue to exercise the privileges of the certificate beyond its expiry date must apply for a new certificate under rule 139.7.

(a) Despite rule 139.7(c), a renewal application must be submitted to the Director not less than 60 days before the certificate expires.

139.15 Reserved

139.17 Deviations

(a) A holder of an aerodrome operator certificate may deviate from any requirement in Subpart C or Subpart D to the extent necessary if an emergency occurs that requires immediate action for the protection of life or property involving carriage by air.

(aa) A holder of a qualifying aerodrome operator certificate may deviate from any requirement in Subpart G or Subpart H to the extent necessary if an emergency occurs that requires immediate action for the protection of life or property involving carriage by air.

(b) A certificate holder who deviates under paragraph (a) from a requirement in Subpart C or Subpart D, or under paragraph (aa) from a requirement in Subpart G or Subpart H, must provide a written report to the Director as soon as practicable, but not later than 14 days after the emergency.

(c) The report required under paragraph (b) must specify the nature, extent, and duration of the deviation.

139.19 Requirements for non-certificated aerodromes

A person operating an aerodrome that is not operated under the authority of an aerodrome operator certificate or a qualifying aerodrome operator certificate must comply with the requirements in Subpart I of this Part.

 

Subpart AA