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(a) This Part prescribes rules governing—
(1) the certification and operation of organisations providing an air traffic service in—
(i) the New Zealand Flight Information Region; and
(ii) the Auckland Oceanic Flight Information Region; and
(2) the operating and technical standards for providing an air traffic service by those organisations.
(b) Subparts A, B, and C apply to air traffic services specified in paragraphs (1) to (6) of the definition of air traffic service.
(c) Subpart D and this rule apply to services referred to as air traffic services in paragraph (7) of the definition of air traffic service.
(d) In this Part, references to the Auckland Oceanic Flight Information Region exclude those portions of airspace within the flight information region that are designated under Part 71 as sectors where an ICAO Contracting State other than New Zealand is providing the air traffic service.
In this Part—
Area of responsibility means the airspace, and in the case of an aerodrome, the manoeuvring area, within which a particular operating position is responsible for the provision of an air traffic service:
ATS Letter of Agreement means a document formalising matters of operational significance between ATS units:
ATS messages means emergency messages, movement and control messages, and flight information messages as described in ICAO Document 4444 (Chapter 11 - Air Traffic Service Messages):
Essential traffic means any controlled traffic that is not, or will not be, separated by the prescribed minima in relation to other controlled flights where separation is required:
Filed flight plan means the flight plan as filed with an ATS unit by the pilot or a designated representative, without any subsequent changes:
Flow control means measures designed to adjust the flow of traffic into a given airspace, along a given route, or bound for a given aerodrome, to ensure the most effective utilisation of the airspace:
ICAO Document 4444 means the Procedures for Air Navigation Services – Air Traffic Management (PANS-ATM):
ICAO Document 7030 means the Regional Supplementary Procedures:
ICAO Document 9432 means the Manual of Radiotelephony:
Operating position means the work station from which one or more air traffic controllers or flight service operators provide air traffic services within an allocated area or areas of responsibility:
Rated air traffic controller means an air traffic controller holding a current licence, and a rating, or ratings, validated for the particular location, issued in accordance with Part 65:
Rated aerodrome flight information operator means a flight service operator holding a current licence, and an aerodrome flight information rating validated for the particular location, issued in accordance with Part 65:
Rated flight service operator means a flight service operator holding a current licence, and a rating, or ratings, validated for the particular location, issued in accordance with Part 65:
Situation display means an electronic display depicting the position of and movement of aircraft and other information as required:
Strayed aircraft means an aircraft that has deviated significantly from its intended track or reports that it is lost:
TACAN means UHF tactical air navigation aid:
Traffic avoidance advice means advice provided by an ATS unit specifying manoeuvres to assist a pilot to avoid a collision:
Traffic information means information issued by an ATS unit, to alert a pilot to other known or observed air traffic which may be in proximity to the position, or intended route of flight, and to help the pilot avoid a collision:
Visual surveillance system includes an electro-optical system providing an electronic visual presentation of traffic and any other information necessary to maintain situational awareness at an aerodrome and its vicinity:
VORSEC means VOR/DME minimum sector altitude chart:
VORTAC means VOR and TACAN combination:
A person must not provide an air traffic service except under the authority of, and in accordance with the provisions of, an air traffic service certificate issued under this Part.
Each applicant for the grant of an air traffic service certificate must—
(1) complete the approved CAA form, which must require the following information—
(i) the applicant’s name and address for service in New Zealand; and
(ii) the specific air traffic service or services to be provided; and
(iii) the aerodrome location or airspace designation at, or within which, the service will be provided; and
(iv) such other particulars relating to the applicant and the intended service as may be required by the Director as indicated on the form; and
(2) submit the completed form to the Director with—
(i) the exposition required by rule 172.125; and
(ii) payment of the appropriate application fee prescribed by regulations made under the Act.
(a) Subject to paragraph (b), an applicant is entitled to an air traffic service certificate if the Director is satisfied that—
(1) the applicant meets the requirements of Subpart B; and
(2) the applicant, and the applicant’s senior person or persons required by rule 172.51, are fit and proper persons; and
(3) the granting of the certificate is not contrary to the interests of aviation safety.
(b) The Director must ensure, in the interests of aviation safety, that only one certificate for the same air traffic service is current at any time.
(a) An air traffic service certificate specifies which of the following air traffic services, and which training and assessment for such services, the certificate holder is authorised to provide:
(1) area control service:
(2) approach control service:
(3) aerodrome control service:
(4) flight information service:
(5) aerodrome flight information service:
(6) alerting service:
(7) any other service provided in accordance with Subpart D.
(b) An air traffic service certificate—
(1) states the aerodrome or airspace at, or within which, the service is provided; and
(2) may include such conditions as the Director considers appropriate.
(a) An air traffic service certificate may be granted or renewed for a period of up to 5 years.
(b) An air traffic service certificate remains in force until it expires or is suspended or revoked.
(c) The holder of an air traffic service certificate that expires or is revoked must surrender the certificate to the Director as soon as possible.
(d) The holder of an air traffic service certificate that is suspended must produce the certificate to the Director as soon as possible for appropriate endorsement.
(a) If the holder of an air traffic service certificate wishes to apply for renewal of their certificate, they must use the approved CAA form.
(b) The application must be submitted to the Director before the application renewal date specified on the certificate or, if no such date is specified, not less than 30 days before the certificate expires.
