Download the PDF consolidation of Part 21 [PDF 439 KB]
This Subpart prescribes rules governing—
(1) the approval or acceptance of technical data:
(2) the approval or acceptance of specifications for a material, part, process, or appliance:
(3) the approval of a deviation from specifications for a material, part, process, or appliance.
(a) Technical data must be used only if it is approved, or is acceptable to the Director.
(b) Acceptable technical data are listed in Appendix D to this Part.
(a) Except as provided in paragraphs (b) and (c), an applicant for the approval of technical data must complete the approved CAA form, and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act and provide the Director with—
(1) the name and address for service in New Zealand of the applicant; and
(2) any documentation necessary to define the data; and
(3) a description of any design change including—
(i) sufficient data to identify the change; and
(ii) the identification of every part of a product, component, or appliance affected by the change; and
(4) for a product, component, or appliance to be changed in accordance with the data,—
(i) details of any investigation, test or analysis that may be necessary to show compliance with the applicable airworthiness requirements; and
(ii) adequate maintenance and operating data to ensure the product, component, or appliance can be properly maintained and operated; and
(5) any further particulars relating to the applicant, the technical data, and any design change, if required by the Director as indicated in the form; and
(6) one of the following:
(i) a statement of compliance provided by a design organisation certificated in accordance with Part 146 stating that the technical data meets the airworthiness requirements of rule 21.31, and the applicable additional airworthiness requirements prescribed in Part 26, and the applicable aircraft noise and engine emission requirements prescribed in rule 21.32, and that the associated design change is fit for embodiment:
(ii) a statement equivalent to that required by paragraph (a)(6)(i) issued in accordance with the requirements of an appropriate foreign authority:
(iii) a written request that a statement of compliance be provided during the technical data approval process.
(b) Notwithstanding paragraph (a)(6)(i), a statement of compliance may state that the technical data—
(1) meets the airworthiness, aircraft noise and engine emission requirements incorporated by reference in the type certificate; or
(2) if special conditions are applied, meets a level of safety equivalent to that required under paragraph (a)(6)(i).
(c) An aircraft design organisation certificated in accordance with Part 146 may use a document other than the approved CAA form to record the information required under paragraph (a).
(d) The Director may approve technical data and an applicant is entitled to the approval of technical data if the Director is satisfied that—
(1) the applicant meets the applicable requirements under paragraph (a); and
(2) the approval of the data is not contrary to the interests of aviation safety; and
(3) any airworthiness requirement that is not complied with is compensated for by a factor that provides an acceptable level of safety; and
(4) there is no feature or characteristic of a product, component, or appliance that makes it unsafe for its intended use when the product, component, or appliance is—
(i) changed in accordance with the data; and
(ii) operated in accordance with the correctly amended flight manual or other specified limitations.
(e) Notwithstanding paragraph (d)(1), the Director may approve technical data without the applicant meeting every requirement of paragraph (a) if—
(1) the application is limited to an individual product, component, or appliance; and
(2) the technical data for an aircraft that holds a special category airworthiness certificate meets the standards that applied for the issue of the airworthiness certificate; and
(3) the data provided by the applicant is sufficient to identify the associated design change.
The specification for a material, part, process, or appliance is approved by—
(1) the issue of an NZTSO if sufficient information is available to show that the specification defines an acceptable minimum performance standard; or
(2) the application of that specification in an approved design or design change but only for that design or design change; or (3) another method acceptable to the Director.
A specification for a material, part, process, or appliance may be acceptable to the Director if—
(1) it is applied by, or accepted for use in, an airworthiness design standard listed in Appendix C and is used only for that airworthiness design standard; or
(2) it has been approved or accepted by a foreign aviation authority; or
(3) it is a specification for a standard part and it is—
(i) an established industry specification; or
(ii) a New Zealand national specification; or
(iii) a foreign national specification.
(a) Each applicant for a deviation to the performance standard of a NZTSO or accepted specification must provide the following information on (or, if that is not practicable, with) the approved CAA form —
(1) the name and address for service in New Zealand of the applicant; and
(2) the identification of the product, component, or appliance to which the deviation is to apply; and
(3) any documentation necessary to support the deviation and its suitability for application to the product, component, or appliance; and
(4) evidence that the standard from which a deviation is requested is compensated for by factors or design features providing—
(i) an equivalent minimum performance standard; and
(ii) a level of safety acceptable to the Director; and
(5) such further particulars relating to the applicant as may be required by the Director as indicated on the form—
and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act.
(b) An applicant is entitled to an approval of a deviation from specification if—
(1) the applicant meets the applicable requirements of this Rule in a manner acceptable to the Director; and
(2) the approval of the deviation is not contrary to the interests of aviation safety; and
(3) any airworthiness requirements not complied with are compensated for by factors that provide a level of safety acceptable to the Director.
