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In this subpart:

173.1 Purpose

(a) This Part prescribes—

(1) the rules governing the certification and operation of an organisation that provides services for the design and maintenance of instrument flight procedures; and

(2) the technical standards for the design of instrument flight procedures.

(b) This Part does not apply to the design of aircraft performance operating limitations or flight paths, for critical engine inoperative emergency procedures.

173.3 Reserved

173.5 Requirement for certificate

(a) Except as provided for in paragraph (b) a person must not provide an instrument flight procedure service for—

(1) the New Zealand FIR; or

(2) the Auckland Oceanic FIR; except under the authority of an instrument flight procedure service certificate issued in accordance with this Part.

(b) In this Part reference to the Auckland Oceanic FIR excludes those portions of airspace within the Auckland Oceanic FIR where an individual State has an agreement with New Zealand to regulate the State’s IFR flight procedures.

173.7 Application for certificate

An applicant for the grant of an instrument flight procedure service certificate must complete the approved CAA form, and submit it to the Director with—

(1) the applicant’s exposition required by rule 173.71; and

(2) if applicable, a payment of the appropriate fee prescribed by regulations made under the Act.

173.9 Issue of certificate

Subject to Section 75 of the Act, an applicant is granted an instrument flight procedure service certificate if the Director is satisfied that—

(1) the applicant meets the requirements of Subpart B; and

(2) the applicant and the senior persons required by rule 173.51(a) are fit and proper persons; and

(3) the granting of the certificate is not contrary to the interests of aviation safety.

173.11 Privileges of certificate

An instrument flight procedure service certificate—

(1) authorises the holder of the certificate to—

(i) design, flight validate, certify, and maintain an instrument flight procedure; and

(ii) subject to the requirements of Part 95, make aeronautical information including aeronautical data relating to an instrument flight procedure that has been certified by the certificate holder and notified in the Gazette, available for publication and operational use by an aircraft; and

(2) specifies the types of instrument flight procedure that the certificate holder is authorised to design, flight validate, certify and maintain.

173.13 Duration of certificate

(a) An instrument flight procedure service certificate is granted or renewed for a maximum period of 5 years.

(b) An instrument flight procedure service certificate remains in force until it expires, or is suspended or revoked.

173.15 Renewal of certificate

If the holder of an instrument flight procedure service certificate wishes to apply for renewal of their certificate, they must use the approved CAA form, and the form must be submitted to the Director not less than 90 days before the certificate expires.

 

Subpart B