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(a) This Part prescribes general operating and flight rules for the operation of civil aircraft.
(b) Subject to paragraphs (c)(1) and (d), the following also apply to members of the New Zealand Defence Force and any aircraft operated by the New Zealand Defence Force within the territorial limits of New Zealand:
(1) rule 91.129:
(2) rules 91.223 to 91.225, when operating in the vicinity of civil aircraft:
(3) rule 91.229, when operating in the vicinity of civil aircraft:
(4) rule 91.233:
(5) rule 91.241:
(6) rules 91.245 and 91.247:
(6a) rule 91.255:
(6b) paragraphs (1) and (2) of rule 91.261:
(6c) rule 91.263:
(7) rule 91.309:
(8) rule 91.313:
(9) rules 91.407 to 91.411:
(10) rules 91.425 to 91.427:
(11) rule 91.431:
(12) rule 91.541.
(c) 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; and
(2) persons operating aircraft to which Part 101 applies; and
(2A) a person operating an aircraft under the authority of an unmanned aircraft operator certificate granted under the Act and in accordance with Part 102 unless compliance with any of the requirements in this Part is required as a condition of operation; and
(3) persons and equipment to which Part 105 applies.
(d) The following do not apply to any member of the New Zealand Defence Force or any aircraft operated by the New Zealand Defence Force performing training for an operation specified in paragraph (c)(1) if that training cannot be performed under the rule:
(1) rule 91.225(b):
(2) rule 91.233:
(3) rule 91.313, if training outside controlled airspace:
(4) rule 91.407, if training outside controlled airspace:
(5) rule 91.427, if training outside controlled airspace.
(e) The following do not apply in the case of air operations conducted in New Zealand under an Australian AOC with ANZA privileges:
(1) rule 91.111(1):
(2) rule 91.112:
(3) rule 91.115:
(4) rule 91.121:
(5) rule 91.123:
(6) rule 91.201(1)(i):
(7) rule 91.201(3):
(8) rule 91.205:
(9) rule 91.207:
(10) rule 91.209:
(11) rule 91.211:
(12) rule 91.213:
(13) rule 91.215:
(14) rule 91.221:
(15) rule 91.401:
(16) rule 91.501:
(17) rule 91.503:
(18) rule 91.505:
(19) rule 91.507:
(20) rule 91.509:
(21) rule 91.511:
(22) rule 91.513:
(23) rule 91.515:
(24) rule 91.517:
(25) rule 91.519:
(26) rule 91.521:
(27) rule 91.523:
(28) rule 91.525:
(29) rule 91.527:
(30) rule 91.529:
(31) rule 91.531:
(32) rule 91.533:
(33) rule 91.537:
(34) rule 91.539:
(35) rule 91.543:
(36) rule 91.545:
(37) rule 91.707.
A passenger must comply with any commands given to them by the pilot-incommand pursuant to rule 91.203.
(a) A person must not operate, and an operator or pilot-in-command of an aircraft must not allow the operation of, any cellphone or other portable electronic device that is designed to transmit electromagnetic energy, on any aircraft while that aircraft is operating under IFR.
(b) Except as provided in paragraph (c), a person must not operate, and an operator or pilot-in-command of an aircraft must not allow the operation of, any portable electronic device on any aircraft flying under IFR during an instrument approach or departure procedure or during any other critical phase of flight.
(c) Paragraph (b) does not apply to-
(1) hearing aids;
(2) heart pacemakers;
(3) portable voice recorders;
(4) electric shavers;
(5) electronic watches; or
(6) any other portable electronic device if the operator of the aircraft has determined that the portable electronic device to be operated will not cause interference with any aircraft system or equipment in the aircraft on which it is operated.
(d) In the case of—
(1) an aircraft being operated on air transport operations, the determination required by paragraph (c)(6) must be made by the operator of the aircraft on which the particular device is to be used; and
(2) any other aircraft, the determination required by paragraph (c)(6) may be made by the pilot-in-command or the operator of the aircraft on which the particular device is to be used.
(a) Except as otherwise provided in the Act or in paragraphs (c) and (e), a person must not—
(1) carry a firearm in an aircraft; or
(2) cause a firearm to be carried in an aircraft; or
(3) permit a firearm to be carried in an aircraft.
(b) Except as provided in paragraph (d) a person must not discharge a firearm while on board an aircraft.
(c) A firearm may be carried in an aircraft if—
(1) the firearm—
(i) is stowed in a place that is inaccessible to every person during flight; and
(ii) is disabled; or
(2) the aircraft is being used solely for the carriage of the person or group of persons associated with the firearm; and—
(i) the operator permits the carriage of the firearm; and
(ii) the firearm is disabled; or
(3) the aircraft is carrying livestock and the operator considers it may be necessary to immobilise livestock for the safety of the aircraft or its occupants; or
(4) the aircraft is being used for the purpose of shooting or immobilising animals on the ground if—
(i) the firearm is not loaded until the aircraft is in the area within which the firearm is intended to be discharged; and
(ii) the aircraft carries only those persons performing an essential function associated with the operation of the aircraft or the shooting or immobilisation of animals on the ground.
(d) A firearm may be discharged—
(1) in an aircraft carrying livestock if a crew member considers it necessary to immobilise livestock for the safety of the aircraft or its occupants; or
(2) from an aircraft for the purpose of shooting or immobilising animals on the ground if—
(i) the discharge of the firearm does not pose a hazard or cause injury or damage to persons or property on the ground; and
(ii) the firearm is not discharged over any congested area of a city, town, or settlement or over any open air assembly of persons.
(e) A firearm may be carried in an aircraft by a person employed by the police, another law enforcement agency, or a military service if—
(1) the aircraft is being operated on an air transport or commercial transport operation, carrying fare paying passengers and the person carrying the firearm—
(i) is lawfully entitled to carry a firearm in the course of their duties; and
(ii) is carrying the firearm in the course of their duties; and
(iii) has been approved to carry the firearm on the aircraft by the Director under paragraph (f); and
(iv) complies with any conditions or restrictions imposed by the Director under paragraph (f); or
(2) the aircraft is being operated solely for the carriage of constables (see ss4 and 117 of the Policing Act 2008) , law enforcement officers, members of the New Zealand Defence Force, members of a visiting force (as defined in s4 of the Visiting Forces Act 2004) and persons under the care of such officers or personnel, and the firearm is unloaded; or
(3) the aircraft is being operated for a police, law enforcement, or military operation, and only persons performing an essential function associated with the police, law enforcement, or military operation, or the operation of the aircraft, are carried in the aircraft.
(f) Upon application from the Commissioner of Police, the head of any other law enforcement agency, or the Chief of the Defence Force, the Director—
(1) may approve a constable, a law enforcement officer, or a military service person to carry a firearm in an aircraft that is being operated on an air transport or commercial transport operation, carrying fare paying passengers, if the Commissioner of Police and the operator concerned consent to the carriage of a firearm in the aircraft; and
(2) may impose such conditions or restrictions as the Director considers appropriate; and
(3) must advise the applicant, the operator, and the Commissioner of Police of the decision.
(g) Unless otherwise determined by the Director, an application for approval under paragraph (f) must be made, to the Director at least one working day before the air transport or commercial air transport operation is intended to commence.
(h) Before the commencement of an air operation where a firearm will be carried in an aircraft by a person under paragraph (e)(1), the operator must inform the pilot-in-command of the number of persons carrying firearms and their position in the aircraft.
A person must not tamper or interfere with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors, or with fixed or mobile equipment used for the operation or navigation of any aircraft.
A person is barred by section 44 of the Act from bringing an action for nuisance in respect of the noise or vibration caused by an aircraft or aircraft engine on an aerodrome if—
(1) the aircraft is taking off or landing; or
(2) the aircraft is manoeuvring on the ground or water; or
(3) any person is operating any engine in the aircraft, prior to take-off for the purpose of ensuring—
(i) satisfactory engine performance; or
(ii) that the instruments, accessories, or other components are in a satisfactory condition.
A person refuelling or defuelling an aircraft must ensure that—
(1) fuelling or defuelling of the aircraft is performed in compliance with the applicable requirements of the regulations made under the Health and Safety at Work Act 2015; and
(2) the aircraft is not refuelled or defuelled with Class 3.1A flammable liquid when a person is embarking, on board, or disembarking the aircraft, or when one or more of the propulsion engines are running; or
(3) the aircraft is not refuelled or defuelled with a Class 3.1C or a Class 3.1D flammable liquid when a person is embarking, on board, or disembarking the aircraft.
