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(a) Subject to paragraph (b), this Part prescribes rules for persons within the territorial limits of New Zealand, including the New Zealand Defence Force, proposing—
(1) to construct or alter a structure that could constitute a hazard in navigable airspace; or
(2) the use of a structure, lights, lasers, weapons, or pyrotechnics, that could constitute a hazard in navigable airspace.
(b) This Part does not apply to—
(1) any member of the New Zealand Defence Force or any aircraft operated by the New Zealand Defence Force acting in connection with—
(i) any war or other like emergency; or
(ii) the defence of New Zealand and other New Zealand interests; or
(iii) aid to the civil power in time of emergency; or
(iv) the provision of any public service; or
(v) any operation performed within a restricted, danger, or military operating area designated under Part 71 for military purposes; or
(2) activities to which Part 101 applies; or
(3) a constable or response officer acting in accordance with s 316 of the Act.
Ground level at its site means the highest ground within a 600 m radius of the site:
ICAO Document 8168 means the Procedures for Air Navigation Services – Aircraft Operations (PANS-OPS):
Navigable airspace means airspace at or above the minimum flight altitudes prescribed by the Civil Aviation Rules, including all legitimate low level operations but not including restricted, danger, and military operations areas activated for use by the New Zealand Defence Force:
AS/NZS IEC 60825.14:2011 means the New Zealand standards for laser safety approved by the Standards Authority under the Standards and Accreditation Act 2015:
Obstacle limitation surface means airspace defined around an aerodrome that enables operations at the aerodrome to be conducted safely and that prevents the aerodrome from becoming unusable by the growth of obstacles around the aerodrome.
A person proposing to construct or alter a structure must notify the Director of the proposal in accordance with rule 77.13 if the proposed structure or alteration to a structure—
(1) extends more than 60 m in height above the ground level at its site; or
(2) exceeds the general tree height in the area by 18 m and is located in an area of low level aerial activity or other low flying activity, or in a low flying zone or low level route as prescribed under Part 71; or
(3) is located below the approach or take-off surfaces of an aerodrome as outlined in figures A.1 and A.2 of Appendix A, and extends to a height greater than a surface, outlined in Appendix A, extending outward and upward at 1 of the following:
(i) a slope of 1:83 from the fan origin of the take-off surface of a runway where the runway is used or intended to be used by aircraft with a MCTOW above 5700 kg:
(ii) a slope of 1:50 from the fan origin of the take-off surface of a runway where the runway is used or intended to be used by aircraft with a MCTOW at or below 5700 kg:
(iii) a slope of 1:25 from the nearest point of the safety area of a heliport; or
(4) penetrates the conical, inner horizontal, or transitional side surface of an aerodrome as—
(i) outlined in figure A.1 of Appendix A; or
(ii) specified in Part 139; or
(iii) as defined in the local district scheme.
(a) A person proposing to use a structure must notify the Director of the proposal in accordance with rule 77.13 if—
(1) the structure may discharge efflux at a velocity in excess of 4.3 m per second through an obstacle limitation surface of an aerodrome; or
(2) the structure may discharge efflux at a velocity in excess of 4.3 m per second higher than 60 m above ground level.
(b) A person proposing to operate a light or a laser must notify the Director in accordance with rule 77.13 if—
(1) because of its glare or affect on a pilot’s vision, the light or laser is liable to endanger aircraft; or
(2) for a laser, it would produce exposures in navigable air space exceeding the maximum permissible exposure defined for that laser in AS/NZS IEC 60825.14:2011; or
(3) it is likely to endanger aircraft by being mistaken for—
(i) a light or part of a system of lights established or approved for display at or near an aerodrome; or
(ii) a light marking a hazard in navigable airspace.
A person must notify the Director in accordance with rule 77.13 if the person proposes to use a weapon that fires or launches a projectile that has a trajectory higher than—
(1) 45 m if within 4 km of an aerodrome boundary; or
(2) 120 m if more than 4 km from an aerodrome boundary.
(a) A person must notify the Director in accordance with rule 77.13 if the person proposes to stage a pyrotechnics display that involves the firing or launching of a projectile that has a trajectory higher than—
(1) 45 m if within 4 km of an aerodrome boundary; or
(2) 120 m if more than 4 km from an aerodrome boundary.
(a) Subject to paragraphs (b) and (c), a person required to notify the Director under rules 77.5, 77.7, 77.9, or 77.11 must complete the approved CAA form and submit it to the Director at least—
(1) 90 days before the proposed date of commencement of construction, or alteration, under rule 77.5; or
(2) 5 working days before the proposed date of use under rules 77.7, 77.9, or 77.11.
(b) In the case of an emergency involving essential public services, public health, or public safety, that requires immediate construction or alteration of a structure, or use of a structure, light, laser, weapon, or pyrotechnic—
(1) the notice requirements in paragraph (a) do not apply; and
(2) the person responsible for the construction, alteration, or use must complete the approved CAA form and submit it to the Director within 5 working days after the construction, alteration, or use.
(c) A person proposing to use a light, laser, weapon, or pyrotechnic, in a control zone prescribed under Part 71 during times when the appropriate ATS is on watch—
(1) is not required to provide notice under paragraph (a); and
(2) must not use the light, laser, weapon, or pyrotechnic in the control zone without prior authorisation from the ATC unit responsible for that airspace which must be given at least 5 working days before the commencement of the use.
(a) A person who is required to notify the Director under rules 77.5 and 77.7 must, if required by the Director, notify the Director in writing of the actual commencement date of the construction, alteration, or use, as applicable.
(b) A person who is required to notify the Director under rule 77.5 regarding the construction or alteration of a structure must notify the Director in writing within 5 working days when the structure has reached its greatest height.
(c) The notice required by paragraph (b) when the structure reaches its greatest height must include a registered surveyor’s determination of the height and position of the structure, and proof of compliance with any marking and lighting requirements imposed by the Director under rule 77.21(d).
(d) A person who abandons a project to construct or alter a structure that is the subject of a notice under rule 77.5 must notify the Director in writing within 5 working days after the project is abandoned.
(e) A person who dismantles a structure or is responsible for a structure that is destroyed must, if the structure met the criteria for notification under rule 77.5, notify the Director in writing of the dismantling or destruction of the structure within 5 working days after the structure is dismantled or destroyed.
(a) On receiving a notification under rules 77.5, 77.7, 77.9, or 77.11 the Director must conduct an aeronautical study to determine whether the specific proposal, if executed, will constitute a hazard in navigable airspace.
(b) In conducting the aeronautical study, the Director must consult with such persons, industry representatives, representative groups, and organisations as the Director considers appropriate.
(a) The Director must determine a structure to be a hazard in navigable airspace if it is 120 m or higher above ground level at its site.
(b) The Director must determine the use of a structure to be a hazard in navigable airspace if the structure will or may discharge efflux at a velocity in excess of 4.3 m per second through the obstacle limitation surfaces applicable to an aerodrome.
(c) The Director must determine the use of a structure to be a hazard in navigable airspace if the structure will or may discharge efflux at a velocity in excess of 4.3 m per second higher than 120 m above ground level.
(d) The Director must determine the use of a light to be a hazard in navigable airspace if an analysis discloses that its use will constitute a hazard in navigable airspace.
(e) The Director may determine, based on the circumstances of each proposal, the use of a laser to be a hazard in navigable airspace if its use will produce exposures in navigable airspace exceeding the maximum permissible exposure defined for that laser in AS/NZS IEC 60825.14:2011.
(f) The Director must determine the use of a weapon to be a hazard in navigable airspace if an analysis discloses that its use will constitute a hazard in navigable airspace.
(g) The Director must determine the use of pyrotechnics to be a hazard in navigable airspace if an analysis discloses that their use will constitute a hazard in navigable airspace.
(h) The Director may determine, based on the circumstances of each proposal, a structure to be a hazard in navigable airspace if—
(1) it is located within an instrument flight procedures area that is specified in ICAO Document 8168, including standard arrival routes, initial, intermediate, final, visual and missed approach segment areas, departure areas and standard instrument departure routes, and would result in—
(i) the vertical distance between any point on the structure and an established minimum instrument flight altitude within that area or segment being less than obstacle clearance required for the instrument flight procedure; or
(ii) additional or new ceiling or visibility restrictions or a change in flight procedures applicable to departures within that area; or
(2) it is located within an IFR en-route obstacle clearance area, including evaluated routes on NZ en-route and area charts but excluding charted routes as published in the AIPNZ, and would necessitate an increase in an existing or planned minimum obstacle clearance altitude; or
(3) it exceeds the general tree height by 18 m and is located in an area of low level aerial activity or other low flying activity, or in a low flying zone or low level route as prescribed under Part 71; or
(4) it protrudes through the obstacle limitation surfaces of an aerodrome.
(a) The Director must, within 28 working days of receiving any notification under rule 77.13(a) for construction, alteration, or use of a structure, make a determination as to whether the proposed construction, alteration, or use, if executed, will be a hazard in navigable airspace and must advise the notifier and any other person the Director considers could be affected by the determination.
(b) The Director must, within 10 working days of receiving any notification under rule 77.13(a) for use of lights, lasers, weapons, or pyrotechnics, make a determination as to whether the proposed use, if executed, will be a hazard in navigable airspace and must advise the notifier and any other person the Director considers could be affected by the determination.
(c) The Director must, within 4 working days of receiving any notification under rule 77.13(c), make a determination as to whether the proposed use of lights, lasers, weapons, or pyrotechnics, if executed, will be a hazard in navigable airspace and must advise the notifier and any other person the Director considers could be affected by the determination.
(d) The Director must base each determination upon the aeronautical study findings and may—
(1) impose any conditions or limitations—
(i) for marking or lighting a structure as outlined in Appendix B; and
(ii) that ensure the hazard in navigable airspace is minimised; and
(iii) in determinations of no hazard in navigable airspace, considered necessary to minimise potential problems, such as the use of temporary construction equipment; and
(2) specify additional notice requirements.
Each person required by rules 77.5, 77.7, 77.9, or 77.11 to provide notice to the Director must comply with any requirement, condition, or limitation imposed under rule 77.21(d).
(a) A determination regarding a proposed—
(1) construction, alteration, or use of a structure notified under rule 77.13(a) becomes final 28 days after the date the determination is made under rule 77.21(a), unless a petition for review is received by the Director under rule 77.27(b); and
(2) use of lights, lasers, weapons, or pyrotechnics notified under rule 77.13(a) becomes final 5 working days before the proposed date of use indicated to the Director on the approved CAA form, unless a petition for review is received by the Director under rule 77.27(b).
(b) Unless reviewed or extended under rule 77.29, a final determination of no hazard in navigable airspace made under this Part—
(1) in respect of construction, alteration, or use of a structure, expires 18 months after the determination becomes final, or on the date the proposed construction, alteration, or use is abandoned, whichever is earlier; and
(2) in respect of use of lights, lasers, weapons, or pyrotechnics, expires upon completion of use as indicated to the Director on the approved CAA form, or on the date the proposed use is abandoned, whichever is earlier.
(c) A determination of hazard that has become final—
(1) under rule 77.25(a)(1) or rule 77.27(f)(2), regarding construction, alteration, or use of a structure, does not expire but may be revoked in writing by the Director; and
(2) under rule 77.25(a)(2) or rule 77.27(f)(2), regarding use of lights, lasers, weapons, or pyrotechnics, expires upon completion of use as indicated on the approved CAA form or the day after the date of use granted as extended by the Director.
(a) Each person proposing the construction or alteration of a structure, or use of a structure, lights, lasers, weapons, or pyrotechnics, may petition the Director for a review of a determination of hazard made by the Director.
(b) Each petition for a review of a determination must be submitted in writing, to be received by the Director prior to a determination becoming final under rule 77.25(a), and must—
(1) contain a full statement of the aeronautical basis upon which the petition is made; and
(2) present new information or facts not previously considered or discussed during the aeronautical study, including valid aeronautical reasons why the determination, revision, or extension made by the Director must be reviewed; and
(3) identify and explain the basis of the petition, if the petition for a review is based upon an error in reasoning, interpretation of procedures, application of hazard standards, or assumptions of fact.
(c) A determination must not become final until any petition for review filed in accordance with paragraph (b) has been dealt with by the Director.
(d) The Director must examine each petition, submitted in accordance with paragraph (b), and decide whether a review will be granted.
(e) If a review is granted the Director must—
(1) inform the petitioner of the issues to be studied and reviewed if different to the issues presented in the petition or the determination; and
(2) take no longer to complete the review than was taken to make the determination under rule 77.21(a), (b), or (c) as applicable.
(f) If the Director determines that a review is denied—
(1) the petitioner must be notified of the basis for the decision; and
(2) the determination becomes final at the time the review is denied or as prescribed under rule 77.25(a), whichever is the later.
(a) Any person may petition the Director, in the case of a determination of no hazard in navigable airspace under this Part, to review the determination based on new facts that change the basis upon which it was made, or to extend the effective period of determination, if—
(1) where applicable, the proposed construction or alteration of a structure has not started by actual structural work, such as the laying of a foundation, but not including excavation; and
(2) the petition is submitted at least 30 days before the expiration date of the final determination of no hazard in navigable airspace.
(b) The Director, having made the determination of no hazard in navigable airspace, must examine each petition presented and review the determination, or extend or affirm the original expiry date of the determination.
(c) A final determination of no hazard in navigable airspace expiring—
(1) under rule 77.25(b)(1) may be extended by the Director for periods of not more than six months at a time; and
(2) under rule 77.25(b)(2) may be extended by the Director for periods of not more than 14 days at a time.
