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A pilot-in-command of an aircraft must—
(1) before operating the aircraft, be satisfied that the aircraft is airworthy and in a condition for safe flight, after—
(i) the documents required under rule 91.111 have been inspected; and
(ii) the aircraft has been inspected; and
(2) during the flight, ensure the safe operation of the aircraft and the safety of its occupants; and
(3) on completion of the inspections required by paragraph (1), and on completion of the flight, record in the technical log or other equivalent document acceptable to the Director any aircraft defects that are identified by the crew during the inspections and during the flight.
A pilot-in-command of an aircraft may give any commands necessary for the safety of the aircraft and of persons and property carried on the aircraft, including disembarking or refusing the carriage of—
(1) any person who appears to be under the influence of alcohol or any drug where, in the opinion of the pilot-in-command, their carriage is likely to endanger the aircraft or its occupants; and
(2) any person, or any part of the cargo, which, in the opinion of the pilot-in-command, is likely to endanger the aircraft or its occupants.
(a) Each crew member on duty during take-off and landing in an aircraft, other than in a balloon, must—
(1) be at their crew member station unless their absence is necessary to perform duties in connection with the operation of the aircraft; and
(2) have their safety belt fastened while at the crew member station.
(b) Each crew member on duty during take-off and landing in an aircraft, other than in a balloon, must have their shoulder harness fastened while at their crew member station, unless—
(1) the seat at the crew member station is not equipped with a shoulder harness; or
(2) the crew member would be unable to perform their duties with the shoulder harness fastened.
(a) Except as provided in paragraph (da), a pilot-in-command of an aircraft must require each passenger to occupy a seat or berth and to fasten their safety belt, restraining belt or, if equipped, shoulder harness or single diagonal shoulder belt—
(1) during each take-off and landing; and
(2) when the aircraft is flying at a height of less than 1000 feet above the surface; and
(3) at other times when the pilot-in-command considers it necessary for their safety; and
(4) during aerobatic flight; and
(5) at all times in an open cockpit aircraft.
(b) A pilot-in-command of an aircraft may permit a passenger to unfasten a shoulder harness or single diagonal shoulder belt—
(1) during take-off and landing; and
(2) when the aircraft is flying at a height of less than 1000 feet above the surface—
if the pilot-in-command is satisfied that such action is necessary for the passenger’s performance of an essential function associated with the purpose of the flight.
(c) A pilot-in-command of an aircraft must require each passenger to place their seat in the take-off and landing configuration during take-off and landing.
(d) Paragraphs (a)(1), (2), and (3) do not apply to a child under 4 years of age if the child—
(1) is held by an adult who is occupying a seat or berth, and the child is secured by a safety belt attached to the adult’s safety belt; or
(2) occupies a seat equipped with a child restraint system, if the child does not exceed the specified weight limit for that system and is accompanied by a parent, guardian, or by an attendant designated by the child’s parent or guardian to attend to the safety of the child during the flight.
(da) A pilot-in-command of a helicopter may allow a passenger not to fasten their safety belt, restraining belt, or if equipped, shoulder harness or single diagonal shoulder belt when the aircraft is flying at a height of less than 1000 feet above the surface in order for the passenger to enter or exit from the helicopter while it is hovering.
(db) For an operation under paragraph (da) that is performed by the holder of an air operator certificate, agricultural aircraft operator certificate, or training organisation certificate – the operator of the aircraft must establish, document and implement standard operating procedures, passenger briefing procedures, training procedures and competency assessment procedures for ensuring the risk of injury to any person entering or exiting the aircraft in the hover and any person on board the aircraft while a person is entering or exiting the aircraft in the hover, is reduced to as low as reasonably practicable.
(dc) For an operation under paragraph (da) that is performed by a person who does not hold an air operator certificate, agricultural aircraft operator certificate, or training organisation certificate –
(1) the pilot-in-command must have been trained by an appropriate instructor in the operational techniques necessary to manage the risks associated with a person entering or exiting the aircraft in a hover and have been checked by an appropriate instructor in these techniques within the last 2 years; and
(2) the pilot-in-command must identify the risks associated with persons entering or exiting the aircraft in a hover and the mitigations that will be used to reduce these risks as low as reasonably practicable; and
(3) the pilot-in-command must brief each passenger that will be on board the aircraft while a person exits the aircraft in a hover and any person intending to enter the aircraft in a hover, on the mitigations identified for entering or exiting the aircraft in a hover.
(dd) Paragraph (da) does not apply to fast roping or rappelling operations.
(e) Paragraph (a) does not apply to passengers carried in balloons or engaged in parachute operations.
(a) A pilot-in-command of an unpressurised aircraft must, during any time that the aircraft is being operated above 13 000 feet AMSL and during any period of more than 30 minutes that the aircraft is being operated between 10 000 feet and up to and including 13 000 feet AMSL, require—
(1) each crew member and each passenger to use supplemental oxygen; and
(2) each crew member to use portable oxygen equipment, including a regulator and attached oxygen mask, for any duty requiring movement from their usual station.
(b) A pilot-in-command of a pressurised aircraft must—
(1) during any time the cabin pressure altitude is above 10 000 feet AMSL, require—
(i) each crew member to use supplemental oxygen; and
(ii) each crew member to use portable oxygen equipment, including a regulator and attached oxygen mask, for any duty requiring movement from their usual station; and
(2) during any time the aircraft is being operated from flight level 350 up to and including flight level 410, require—
(i) one pilot at a pilot station to wear and use an oxygen mask that either supplies supplemental oxygen at all times or automatically supplies supplemental oxygen whenever the cabin pressure altitude exceeds 13 000 feet AMSL; or
(ii) two pilots to be at their pilot stations and each pilot to have access to an oxygen mask that can be placed on the face and supplying oxygen within 5 seconds; and
(3) during any time the aircraft is being operated above flight level 410, require one pilot at a pilot station to wear and use a demand oxygen mask at all times.
(c) A pilot-in-command of a pressurised aircraft must, following pressurisation failure, require each passenger to use supplemental oxygen during any time that the cabin pressure is above 14 000 feet AMSL, unless the aircraft can descend to 14 000 feet AMSL or below within 4 minutes.
(a) A person operating an aircraft carrying passengers must ensure that each passenger has been briefed on—
(1) the conditions under which smoking is permitted; and
(2) the applicable requirements specified in rules 91.121 and 91.207; and
(3) the location and means for opening the passenger entry doors and emergency exits; and
(4) when required to be carried by this Part—
(i) the location of survival and emergency equipment for passenger use; and
(ii) the use of flotation equipment required under rule 91.525 for a flight over water; and
(iii) the normal and emergency use of oxygen equipment installed in the aircraft for passenger use; and
(5) procedures in the case of an emergency landing; and
(6) the use of portable electronic devices in accordance with rule 91.7.
(b) The briefing required under paragraph (a)—
(1) must be given by the pilot-in-command, a member of the crew, a person nominated by the operator, or by a recorded presentation; and
(2) must, for flights above FL 250, include a demonstration on the use of supplemental oxygen equipment; and
(3) must include a demonstration on the use of life preservers when required to be carried by this Part; and
(4) must include a statement, as appropriate, that Civil Aviation Rules require passenger compliance with lighted passenger signs and crew member instructions; and
(5) may be supplemented by printed cards for the use of each passenger containing—
(i) diagrams of, and methods of operating the emergency exits; and
(ii) other instructions necessary for the use of emergency equipment intended for use by passengers; and
(6) is not required if the pilot-in-command determines that all the passengers are familiar with the contents of the briefing.
(c) Where printed cards are used in accordance with paragraph (b)(5), the operator must place them in convenient locations on the aircraft for the use of each passenger and ensure that they contain information that is pertinent only to the type and model of aircraft on which they are carried.
A person operating an aircraft, other than a balloon, must ensure that, before take-off or landing, all passenger baggage aboard the aircraft is stowed away—
(1) in a baggage locker; or
(2) under a passenger seat in such a way that it cannot—
(i) slide forward under crash impact; or
(ii) hinder evacuation of the aircraft in the event of an emergency.
(a) An operator must not permit cargo to be carried in an aircraft unless it is—
(1) carried on a seat, in a cargo rack or bin, or in a cargo or baggage compartment; and
(2) properly secured by a safety belt or other restraining device having enough strength to ensure that the cargo does not shift under all normally anticipated flight and ground conditions; and
(3) packaged and covered to avoid injury to passengers.
(b) An operator who permits the carriage of cargo in an aircraft must not permit cargo—
(1) to exceed the load limitation for the seats, berths, or floor structure as prescribed by the aircraft flight manual, or by placards; or
(2) to be located in a position that restricts the access to or use of any required emergency exit, or the use of the aisle between the crew and the passenger compartments.
Before commencing a flight, a pilot-in-command of an aircraft must obtain and become familiar with all information concerning that flight including—
(1) where practicable, the current meteorological information; and
(2) the fuel requirements; and
(3) the alternatives available if the planned flight cannot be completed; and
(4) any known or likely traffic delays that have been notified by ATS; and
(5) the status of the communication and navigation facilities intended to be used; and
(6) the current conditions of the aerodrome and runway lengths at aerodromes of intended use; and
(7) any take-off and landing distance data contained in the aircraft flight manual; and
(8) in the case of aircraft powered by two or more engines—
(i) engine inoperative procedures; and
(ii) one engine inoperative performance data.
Each pilot of an aircraft must, before beginning a flight, be familiar with—
(1) the aircraft flight manual for that aircraft; and
(2) any placards, listings, instrument markings, or any combination thereof, containing any operating limitation prescribed for that aircraft by the manufacturer or the Director; and
(3) the emergency equipment installed on the aircraft; and
(4) which crew member is assigned to operate the emergency equipment; and
(5) the procedures to be followed for the use of the emergency equipment in an emergency situation.
(a) A pilot-in-command of an aircraft must ensure that the following equipment and information, in current and appropriate form, is accessible to every flight crew member of the aircraft:
(1) an accurate means of indicating the time:
(2) appropriate aeronautical charts:
(3) for IFR operations, every appropriate navigational en route, terminal area, approach, and instrument approach and departure chart:
(4) for night operations, an operable electric torch for every flight crew member.
(b) In addition to paragraph (a), a pilot-in-command of an aircraft in excess of 5700 kg MCTOW, or having a certificated seating capacity of 10 passenger seats or more, must ensure that every flight crew member uses a cockpit checklist covering the normal and emergency procedures for the operation of the aircraft in accordance with the aircraft flight manual.
(a) Except as provided in paragraph (b), a pilot of an aeroplane operating on or in the vicinity of an aerodrome must—
(1) observe other aerodrome traffic for the purpose of avoiding a collision; and
(2) unless otherwise authorised or instructed by ATC, conform with or avoid the aerodrome traffic circuit formed by other aircraft; and
(3) perform a left-hand aerodrome traffic circuit when approaching for a landing at and after take-off from an aerodrome that is published in the AIPNZ unless—
(i) the pilot is otherwise authorised or instructed by ATC; or
(ii) the IFR procedure published in the AIPNZ for the runway being used specifies a right-hand turn and the approach for landing or the take-off is being performed in accordance with the instrument procedure; and
(4) perform a right-hand aerodrome traffic circuit when approaching for a landing at and after take-off from an aerodrome that is published in the AIPNZ, if the details published in the AIPNZ for the aerodrome specify a right-hand aerodrome traffic circuit for the runway being used unless—
(i) the pilot is otherwise authorised or instructed by ATC; or
(ii) the IFR procedure published in the AIPNZ for the runway being used specifies a left-hand turn and the approach for landing or the take-off is being performed in accordance with the instrument procedure; and
(5) unless otherwise authorised or instructed by ATC, comply with any special aerodrome traffic rules prescribed in Part 93 for the aerodrome.
(b) Paragraphs (a)(3), (a)(4), and (a)(5) do not apply to the pilot-incommand of an aircraft operating at an aviation event in accordance with rule 91.703.
(c) Notwithstanding paragraphs (a)(3) and (a)(4), a pilot-in-command of an aircraft performing an agricultural aircraft operation from an aerodrome that is published in the AIPNZ may make turns in any direction when approaching for a landing or after take-off if—
(1) the aerodrome does not have an aerodrome control service in attendance; and
(2) an aerodrome ground signal depicted in Figure 1 is displayed alongside the runway in use; and
(3) there is no conflict with other aerodrome traffic.
(d) Subject to paragraphs (b) and (c), a pilot-in-command of a helicopter operating on or in the vicinity of an aerodrome must comply with paragraph (a) or avoid the aerodrome traffic circuit being used by an aeroplane operating on or in the vicinity of the aerodrome.
Figure 1. Agricultural operations aerodrome ground signal
(a) A pilot-in-command of an aircraft on or in the vicinity of an aerodrome with an aerodrome control service in operation must—
(1) unless otherwise authorised by ATC, maintain two-way radio communications with that service on the prescribed frequency; and
(2) obtain an ATC clearance from that service before—
(i) taxiing on any portion of the manoeuvring area; or
(ii) landing at or taking-off from any runway or heliport at that aerodrome; or
(iii) entering a control zone.
(b) A pilot-in-command of an aircraft on or in the vicinity of an aerodrome with an aerodrome flight information service in operation must—
(1) if the aircraft is equipped with radio, maintain two-way radio communications with that service on the prescribed frequency; and
(2) advise that service of the intended use of that aerodrome before —
(i) taxiing on any portion of the manoeuvring area; or
(ii) landing at or taking-off from any runway or heliport at that aerodrome; or
(iii) entering the aerodrome traffic circuit at that aerodrome.
(c) A pilot-in-command of an aircraft that is not equipped with radio and that is on or in the vicinity of an aerodrome with an aerodrome flight information service in operation must advise that service of the intended use of the aerodrome before —
(1) taxiing on to any portion of the manoeuvring area; and
(2) entering the aerodrome traffic circuit at that aerodrome.
A pilot must not operate an aircraft—
(1) so close to another aircraft as to create a collision hazard; or
(2) in formation flight except by prior arrangement with the pilot-in-command of each aircraft in the formation; or
(3) in formation flight while carrying passengers for hire or reward unless the requirements of paragraph (2) are met and the pilot is performing—
(i) a parachute-drop aircraft operation; or
(ii) an adventure aviation formation flight operation under the authority of an adventure aviation operator certificate issued by the Director under the Act and Part 115.
(a) A person must not act as pilot-in-command of an aircraft performing a cost sharing flight under this Part unless –
(1) each person, including the pilot-in-command, carried by the aircraft shares equally in the direct costs of the flight;
(2) each person, including the pilot-in-command, receives no payment or other rewards for their services;
(3) a payment or other reward is not required of a person on the flight other than the direct costs of the flight;
(4)the aircraft that is being operated carries not more than a maximum of 6 persons including the pilot-in-command;
(5) the flight is not a routine scheduled flight; and
(6) the flight is not advertised to the public and is limited to family members, friends or associates.
(b) Despite paragraph (a)(1), the pilot-in-command may pay more than an equal share of the direct costs of the flight upon prior agreement between the pilot-in-command and the passengers.
(c) Paragraph (a) is subject to the restrictions specified in rule 61.155(bb).
(d) For the avoidance of doubt, a cost sharing flight is not an air transport operation or an operation for hire or reward.
(e) For the purposes of this rule, direct costs of the flight include the costs of any form of energy or material consumed during the flight, airport expenditure or rental fees and navigation charges.
(a) A person must not act as a crew member while carrying out a specified function necessary for the purpose of an operation, without an air operator certificate, unless –
(1) the specified function is one determined by the Director and specified in a notice under rule 91.227E(a)(1); and
(2) the circumstances under which the specified function is carried out are determined by the Director and specified in a notice under rule 91.227E(a)(2); and
(3) the person complies with all the conditions relating to the specified function as determined by the Director and specified in a notice under rule 91.227E(a)(2).
(b) This rule applies to a person acting as a crew member for the purposes of paragraph (3a) of the crew member definition.
(a) After complying with rule 91.227F, the Director may determine the following in a notice –
(1) the specified functions necessary for the purpose of an operation; and
(2) the circumstances and conditions under which those specified functions are to be carried out.
(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.
The procedures relating to the making, amending and revoking of an ADS-B notice referred to in rules 91.258A to 91.258E apply to a notice made by the Director under rule 91.227E.
(a) A person must not act as a pilot-in-command of an aircraft performing an introductory flight unless –
(1) the person–
(i) is a flight instructor –
(A) who holds a current category A, B or C flight instructor rating issued under the Act and Part 61; or
(B) who holds a current instructor certificate issued under the Act and Part 149; and
(ii) is authorised by an aviation training organisation; and
(iii) meets all the applicable requirements to provide flight instruction to student pilots for the appropriate category of aircraft.
(b) The pilot-in-command of an aircraft performing an introductory flight must –
(1) ensure that the aircraft does not have more than one engine and has a certificated maximum seating capacity of 4 people;
(2) ensure that a person receiving flight instruction is allowed a basic level of manipulation of the controls;
(3) ensure that it is an A to A flight where the aircraft only lands to change the person who is to receive flight instruction;
(4) ensure that each accompanying passenger carried on the flight who is not manipulating the controls, is not charged separately;
(5) ensure that each person carried on the aircraft receives the flight briefing which consists of a basic initial training lesson; and
(6) if aerobatic manoeuvres are to be performed during the introductory flight, -
(i) ensure that the manoeuvres are not the primary purpose of the flight; and
(ii) ensure that no other person is carried except the person receiving flight instruction; and
(iii) be appropriately qualified to instruct on aerobatic manoeuvres.
(c) For the purposes of this rule –
(1) a flight training organisation in relation to performing an introductory flight, means an organisation that is certificated under the rules or a non-certificated organisation that provides flight instruction as part of its business;
(2) an introductory flight is not an air transport operation.
(a) A pilot of an aircraft—
(1) must, when weather conditions permit, regardless of whether the flight is performed under IFR or under VFR, maintain a visual lookout so as to see and avoid other aircraft; and
(2) that has the right of way, must maintain heading and speed, but is not relieved from the responsibility of taking such action, including collision-avoidance manoeuvres based on resolution advisories provided by ACAS, that will best avert collision; and
(3) that is obliged to give way to another aircraft, must avoid passing over, under, or in front of the other aircraft, unless passing well clear of the aircraft, taking into account the effect of wake turbulence.
(b) A pilot of an aircraft must, when approaching another aircraft head-on, or nearly so, alter heading to the right.
(c) A pilot of an aircraft that is converging at approximately the same altitude with another aircraft that is to its right, must give way, except that the pilot operating—
(1) a power-driven heavier-than-air aircraft must give way to airships, gliders, and balloons; and
(2) an airship must give way to gliders and balloons; and
(3) a glider must give way to balloons; and
(4) a power-driven aircraft must give way to aircraft that are towing other aircraft or objects; and
(5) all aircraft must give way to parachutes.
(d) A pilot of an aircraft that is overtaking another aircraft must, if a turn is necessary to avoid that aircraft, alter heading to the right, until the overtaking aircraft is entirely past and clear of the other aircraft.
(e) For the purpose of paragraph (d), an overtaking aircraft is an aircraft that approaches another from the rear on a line forming less than 70 degrees with the plane of symmetry of the latter.
(f) A pilot of an aircraft in flight or on the surface must—
(1) give way to any aircraft that is in the final stages of an approach to land or is landing; and
(2) when the aircraft is one of 2 or more heavier-than-air aircraft approaching an aerodrome for the purpose of landing, give way to the aircraft at the lower altitude; and
(3) not take advantage of right-of-way under subparagraph (2) to pass in front of another aircraft, which is on final approach to land, or overtake that aircraft.
(g) A pilot of an aircraft must not take off if there is an apparent risk of collision with another aircraft.
(h) A pilot of an aircraft taxiing on the manoeuvring area of an aerodrome must—
(1) give way to aircraft landing, taking off, or about to take off; and
(2) when 2 aircraft are approaching head on, or nearly so, stop or, where practicable, alter course to the right so as to keep well clear of the other aircraft; and
(3) when 2 aircraft are on a converging course, give way to other aircraft on the pilot’s right; and
(4) when overtaking another aircraft, give way and keep well clear of the aircraft being overtaken.
(i) A pilot of an aircraft must give way to any aircraft that is in distress.
A pilot of an aircraft on the water must comply with the requirements of the International Regulations for Preventing Collisions at Sea.
(a) A pilot of an aircraft must not—
(1) operate an aircraft at night unless it has lighted position lights; or
(2) moor or move an aircraft at night on a water aerodrome unless the aircraft complies with the lighting requirement of the International Regulations for Preventing Collisions at Sea; or
(3) operate an aircraft at night that is required by Subpart F to be equipped with an anti-collision light system unless the anti-collision light system is operating.
(3a) operate an aircraft at night using NVIS unless the aircraft’s internal and external lighting meets the performance requirements as specified in a notice under rule 91.273(a)(1).
(b) A person must not park or move an aircraft at night on a manoeuvring area of an aerodrome that is in use for aircraft operations unless the aircraft—
(1) is clearly illuminated; or
(2) has lighted position lights; or
(3) is in an area that is marked by obstruction lights.
(c) Despite (a)(3), a pilot of an aircraft is not required to operate the anti-collision light system if the pilot determines that, because of operating conditions, it is in the best interest of safety to turn the system off.
A pilot of an aircraft must not allow any object to be dropped from that aircraft in flight unless the pilot has taken reasonable precautions to ensure the dropping of the object does not endanger persons or property.
(a) Except as provided in paragraph (b), a pilot must not operate an aircraft at an indicated speed of more than 250 kts below an altitude of 10 000 feet AMSL when—
(1) that aircraft is operated IFR in Class D, E, F, or G airspace; or
(2) that aircraft is operated VFR in Class C, D, E, F, or G airspace.
(b) Paragraph (a) does not apply when—
(1) the minimum safe speed of the aircraft prescribed in the flight manual is more than 250 kts and the aircraft is operated at that minimum safe speed; or
(2) the aircraft is being operated at an aviation event in accordance with 91.703.
(a) A pilot of an aircraft must maintain the cruising altitude or flight level of the aircraft by reference to an altimeter that is set in accordance with the following:
(1) when operating at or above flight level 150, set altimeter to 1013.2 hPa:
(2) when operating at or below 13 000 feet, set altimeter to the appropriate area QNH zone setting or aerodrome QNH altimeter setting:
(3) when operating between 13 000 feet and flight level 150, set altimeter to the appropriate area QNH zone setting as advised by an ATC unit.
(b) A pilot of an aircraft that is ascending or descending must set the altimeter in accordance with the following:
(1) when ascending above 13 000 feet, set altimeter to 1013.2 hPa:
(2) when descending through flight level 150, set altimeter to the appropriate area QNH zone setting or aerodrome QNH altimeter setting.
(a) A pilot of an aircraft operating in a control area or control zone designated under Part 71 must—
(1) except when manoeuvring in accordance with an ACAS resolution advisory or a GPWS or TAWS alert, comply with any ATC clearance or instruction issued by the ATC unit responsible for the control area or control zone; and
(2) when a deviation from an ATC clearance or instruction is required for the safe operation of the aircraft, notify ATC of the deviation as soon as possible.
(b) A pilot of an aircraft need not comply with an ATC clearance or instruction if compliance would cause the pilot to breach any rule in this Part.
(c) A pilot of an aircraft who elects not to comply with an ATC clearance or instruction under paragraph (b) must immediately notify the appropriate ATC unit of the non-compliance.
A pilot of an aircraft must comply with the clearance or instruction specified for ATC light signals in Table 1.
Table 1. ATC light signals
| Light Signal | Aircraft in Flight | Aircraft on the Ground |
|---|---|---|
| Steady green | Cleared to land | Cleared for take-off |
| Steady red | Give way to other aircraft and continue circling | Stop |
| Series of green flashes | Return for landing (clearance to land and to taxi will be given in due course) | Cleared to taxi |
| Series of red flashes | Aerodrome unsafe, do not land | Taxi clear of landing area in use |
| Flashing white | Land at this aerodrome and proceed to apron | Return to starting point on aerodrome |
| Alternating red and green flashes | Danger, be on the alert | Danger, be on the alert |
(a) Except as provided in paragraphs (e) and (f), a pilot-in-command of an aircraft must not enter a control area or control zone designated under Part 71 unless the pilot-in-command obtains an ATC clearance to enter the control area or control zone.
(b) A pilot-in-command of an aircraft operating in Class A airspace must—
(1) operate the aircraft under IFR; and
(2) unless otherwise authorised by the ATC unit responsible for the class A airspace, maintain two-way communications with that ATC unit on the appropriate frequency.
(c) A pilot-in-command of an aircraft that operates in the following classes of airspace must maintain two-way radio communications with the ATC unit responsible for the airspace concerned on the appropriate frequency unless otherwise authorised by the ATC unit:
(1) Class B, C, or D airspace:
(2) Class E airspace under IFR.
(d) If different classes of airspace adjoin one above the other, a pilot operating at the common level may comply with the requirements of the less restrictive class of airspace.
(e) A pilot of an aircraft operating under VFR does not require an ATC clearance to enter a control area that is classified under Part 71 as class E airspace.
(f) Airspace within a control area and a control zone becomes uncontrolled class G airspace during those times when an air traffic control service is not being provided within that control area or control zone.
(a) Except as provided in paragraph (g), a pilot-in-command of an aircraft operating in transponder mandatory controlled airspace designated under Part 71 within the New Zealand FIR must, unless otherwise authorised or instructed by ATC—
(1) operate the transponder to transmit ADS-B data; and
(2) ensure that ADS-B data is transmitted at all times when the aircraft begins to move under its own power until it has come to a complete stop at the end of the flight.
(b) A pilot-in-command of an aircraft operating in uncontrolled transponder mandatory special use airspace designated under Part 71 within the New Zealand FIR must operate the transponder —
(1) in Mode A and Mode C; or
(2) in Mode S if the aircraft is equipped with Mode S equipment and allocated a unique Mode S code referred to in paragraph (d); or
(3) referred to in rule 91.257(1) providing an ADS-B system as specified in that rule.
(c) Except if paragraph (3) applies or if operating Mode S equipment, the pilot-in-command must set the transponder SSR code—
(1) to the code assigned by ATC for the flight; or
(2) if not assigned a code by ATC, in accordance with Table 2; and
(3) in the event of an in-flight emergency, loss of radio communications, or an act of unlawful interference, set the transponder to the appropriate code in accordance with Table 3.
(d) A pilot-in-command of an aircraft must not operate Mode S transponder equipment unless the aircraft is transmitting a unique Mode S code assigned by the State of Registry.
(e) Reserved
(f) A pilot-in-command of an aircraft operating in transponder mandatory controlled airspace must immediately advise the ATC unit having jurisdiction over the relevant airspace of any failure or partial failure of the transponder equipment.
(g) Unless otherwise required by ATC, only one of the aircraft in a formation flight is required to operate a transponder in accordance with paragraph (a) or paragraph (b).
Table 2. Airspace SSR Codes
| Flight rules | Type of aircraft operation | SSR Code |
|---|---|---|
| VFR | For aircraft involved in fire fighting and reconnaissance duties | 0111 |
| IFR | All | 2000 |
| VFR | All - in Auckland Oceanic FIR only | 2000 |
| VFR | All - when operating in the aerodrome traffic circuit at a controlled aerodrome | 2200 |
| VFR | Aeroplanes other than Defence aeroplanes | 1200 |
| VFR | Gliders or balloons | 1300 |
| VFR | Powered aircraft in designated general aviation areas | 1400 |
| VFR | Helicopters other than Defence helicopters | 1500 |
| VFR | Defence aeroplanes | 6000 |
| VFR | Defence helicopters | 6500 |
Table 3. Emergency SSR Codes
| Occurrence | SSR Code |
|---|---|
| Unlawful interference | 7500 |
| Loss of radio communication | 7600 |
| In flight emergency when no code has been allocated by ATC | 7700 |
(a) If required to communicate by radiotelephony under the Civil Aviation Rules, a pilot-in-command of a New Zealand registered aircraft must use 1 of the following radiotelephony callsigns—
(1) the telephony designator of the aircraft operating agency as approved by the Director, followed by the flight identification; or
(2) the telephony designator of the aircraft operating agency as approved by the Director followed by the last 3 letters of the aircraft registration marking; or
(3) the name of the aircraft manufacturer, or the aircraft model, and the last 3 letters of the aircraft registration marking.
(4) a unique personalised call sign which is part of an identifiable paint scheme or markings approved under rule 47.104, that refers to the aircraft type or model, letters or numbers in a manner or form approved by the Director; or
(5) any other similar radiotelephony call sign that is acceptable to the Director.
(b) Despite paragraph (a)(2), the pilot-in-command may, after establishing two-way communication with an appropriate ATS unit, use an abbreviated callsign consisting of the last 3 letters of the aircraft registration marking.
(c) The Director may only approve the callsigns prescribed in paragraphs (a)(1) and (2) for the use of—
(1) the holder of an air operator certificate issued under Part 119 or Part 129 conducting—
(i) a regular air transport service; or
(ii) a search and rescue flight; or
(iii) a medical transfer or medical emergency flight; and
(2) aircraft being flown on a police operation that is authorised by the Commissioner of Police.
(d) An applicant for the approval of a telephony designator must submit to the Director in writing the name of the aircraft operating agency and a payment of the appropriate application fee prescribed by regulations made under the Act.
(e) A radiotelephony call sign that was approved by the Director under general exemption 15/EXE/43 immediately before 5 April 2025 is deemed to have been approved by the Director under paragraph (a)(4).
A person must not tamper with the operation of an automatic time-in-service recorder that is required to be installed in the aircraft in accordance with rule 91.509(b).
(a) Except as provided in rules 91.253, 91.255D and 91.255E, a person must not operate an aircraft in transponder mandatory controlled airspace designated under Part 71 in the New Zealand FIR unless the aircraft is equipped with an ADS-B system which meets the minimum performance standards and requirements under rule 91.257.
(b) Paragraph (a) does not apply to an aircraft operating in any portion of the airspace within the Auckland Oceanic FIR.
(a) Despite rule 91.255(a), a person may operate an aircraft without transmitting ADS-B data in the prescribed airspace referred to in that rule if the person is carrying out a discreet operation –
(1) for national defence or security purposes; or
(2) for intelligence or law enforcement purposes; or
(3) for any other suitable purpose approved by the Director where the transmitting of ADS-B data would compromise the security of the operation or pose a safety risk to the aircraft, crew or people and property in the air or on the ground.
(b) An operator must ensure that a discreet operation is not carried out unless –
(1) for a flight under IFR, information submitted in the flight plan as required by rule 91.407 includes that the proposed operation is a discreet operation; and
(2) the appropriate ATS unit is notified of the operation as soon as practicable before the operation is to occur; and
(3) the appropriate ATS unit approves the carrying out of the operation.
(c) A person referred to in paragraph (a)(1) or (a)(2) must inform the Director of the details of the discreet operation in the appropriate CAA form within 14 days of completing the operation unless the person is required to report an accident or incident involving the discreet operation as required under Part 12.
(a) Despite rule 91.255(a), a person may operate an aircraft without transmitting ADS-B data in the prescribed airspace referred to in that rule if the aircraft cannot practicably or reasonably be equipped with an ADS-B system because of the characteristics of the aircraft type.
(b) Before operating an aircraft referred to in paragraph (a), the person must obtain specific authorisation from the ATC unit having jurisdiction over the relevant airspace as part of the ATC clearance to enter that airspace.
An ADS-B system must meet the following minimum requirements -
(1) include a 1090 MHz Mode S Extended Squitter transponder, or any other suitable transponder determined by the Director as specified in a notice referred to in rule 91.258;
(2) include a GNSS position source that is compatible with the 1090 MHz Mode S Extended Squitter transponder, or any other suitable transponder referred to in paragraph (1);
(3) include a barometric altitude pressure system and any related equipment;
(4) transmit an ADS-B OUT message set determined by the Director as specified in a notice referred to in rule 91.258;
(5) meet performance standards regarding ADS-B systems determined by the Director as specified in a notice referred to in rule 91.258;
(6) meet the testing and power requirements determined by the Director as specified in a notice referred to in rule 91.258.
(a) A person operating an aircraft in transponder mandatory controlled airspace designated under Part 71 within the New Zealand FIR must not –
(1) allow the transmission of non-compliant ADS-B data or misleading data; or
(2) use a 978 MHz Universal Access Transceiver to transmit data.
(b) In this rule, non-compliant ADS-B data refers to any data that does not meet the requirements of the notice referred to in rule 91.258, unless the non-compliance is caused by factors beyond the control of the aircraft operator, such as but not limited to GNSS outage.
(a) After complying with rule 91.258A, the Director may determine the following as specified in a notice -
(1) the requirements for an ADS-B OUT message set;
(2) the performance standards for ADS-B system;
(3) the testing and power requirements regarding an ADS-B system;
(4) the requirements regarding the installation and approval of ADSB system;
(5) any conditions relating to ADS-B OUT system or design change requirements or combinations of position source and transponder; and
(6) any other suitable transponder that is compatible to the GNSS position source.
(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.
Before issuing or amending a notice to specify the requirements referred to in rule 91.258, the Director must –
(1) conduct a review to assess the risk to aviation safety of the matter giving rise to particular safety concerns by taking into account –
(i) the requirements of the ATC surveillance system:
(ii) the compatibility of equipment, performance standards and procedures for an ADS-B system required under rule 91.257:
(iii) how ICAO or other ICAO Contracting States are dealing with the risk:
(iv) the practicability of the proposed requirements:
(v) any other information that the Director considers may be relevant; and
(2) consult publicly by publishing the initial or amended notice on the CAA website; and
(3) consider the following:
(i) ICAO’s annexes to the Convention or legislation by ICAO Contracting States in relation to surveillance systems and ADS-B systems, including equipage:
(ii) International standards of the ICAO or ICAO Contracting States and recommended practices and guidance as set out in any document, plan, strategy or manual relating to surveillance systems and ADS-B systems, including equipage; and
(iii) any factors unique or relevant to New Zealand’s operations; and
(4) determine, after conducting the review, whether or not it is necessary to impose requirements to eliminate or mitigate any risk to aviation safety.
The Director must, as soon as practicable after issuing, amending or revoking a notice, publish on the CAA website—
(1) the notice; and
(2) the date the notice comes into effect; and
(3) the reasons for the notice.
(a) A notice made under rule 91.258 comes into force on the date specified by the Director.
(b) In determining the date under paragraph (a), the Director must provide reasonable time for affected parties to be made aware of the notice before it comes into force.
(a) The Director may amend a notice made under rule 91.258 at any time after following the procedures specified in rules 91.258A and 91.258B.
(b) Despite paragraph (a), rules 91.258A and 91.258C(b) do not apply to any amendment or correction that is minor and non-controversial.
(a) The Director may revoke a notice made under rule 91.258 at any time if the Director is satisfied that the notice is no longer necessary after having consulted publicly on the CAA website.
(b) A revocation takes effect from the date specified by the Director.
A person must not operate an aircraft using a navigation specification referred to in rule 91.263 unless all of the following requirements are met –
(1) the aircraft meets the airworthiness and performance requirements –
(i) determined by the Director as specified in a notice referred to in rule 91.263; or
(ii) equivalent to those referred to in paragraph (i) as acceptable to the Director;
(2) the person –
(i) is suitably trained and qualified for the navigation specification applicable to the planned route and airspace as specified in a notice;
(ii) complies with the operational procedures and any limitations applicable to the navigation specification, route, or airspace as specified by the Director in a notice;
(iii) is able to navigate the aircraft safely using an alternative means of navigation acceptable to the Director if the primary means of navigation fails at any point on the planned route; and (3) the Director has approved the operation if specified to do so in a notice.
(a) After complying with rule 91.263B, the Director may determine the following as specified in a notice –
(1) the navigation specifications applicable to PBN routes and designated airspaces;
(2) the operational requirements and limitations associated with the navigation specifications;
(3) the airworthiness and performance requirements for an aircraft operating under IFR and using a navigation specification;
(4) requirements for demonstrating compliance with the navigation specification;
(5) suitable training requirements for a person who operates an aircraft under IFR and using a navigation specification;
(6) definitions and abbreviations to give full meaning to the terms used in a notice; and
(7) unless otherwise provided for in the rules, the expiry of any transition provision for a matter determined by the Director in a notice.
(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.
(c) For the purposes of rule 91.261(2)(i), and this rule, suitably trained and qualified or suitable training means the person meets all the applicable training requirements specified in a notice and under Part 61.
(d) Before determining the expiry date of any transitional provision referred to in paragraph (a)(7), the Director must be satisfied that the date is reasonable after having consulted publicly on the CAA website.
(a) The procedures relating to the making, amending and revoking of an ADS-B notice referred to in rules 91.258A to 91.258E apply to a navigation specification notice referred to in rule 91.263.
(b) When following the procedures, a reference to –
(1) ADS-B, ADS-B system or ADS-B systems is to be read as PBN or navigation specifications; and
(2) surveillance or surveillance systems is to be read as navigation or navigation systems.
(a) A RNP operation procedures manual and any amendments to the manual that was approved by the Director under rule 91.246(d) immediately before 1 December 2021, continue to be valid and may be used for conducting IFR operations referred to in paragraph (b)(2).
(b) A person operating an aircraft and using an aircraft navigation system in accordance with RNP performance requirements approved by the Director, on the applicable RNP routes and in RNP designated airspace under rule 91.519(c), immediately before 1 December 2021, –
(1) is deemed to have been approved by the Director to carry out a navigation specification under rule 91.261(3);
(2) may conduct IFR operations using the applicable navigation specification specified in a notice referred to in rule 91.263(a)(1); and
(3) must comply with all the requirements that apply to the applicable navigation specification specified in a notice referred to in rule 91.263(a)(2).
A person must not operate an aircraft under IFR using PBCS unless–
(1) the aircraft meets the airworthiness and performance requirements –
(i) determined by the Director as specified in a notice under rule 91.267(a)(2); or
(ii) which the Director accepts are equivalent to those in paragraph (i); and
(2) the person –
(i) is suitably trained and qualified to use PBCS on the planned route and airspace as specified in a notice under rules 91.267(a)(1) and (5); and
(ii) complies with the operational requirements and any limitations regarding the use of PBCS, planned route and airspace, as specified in a notice under rules 91.267(a)(1) and (3); and
(3) the Director has approved the operation if specified to do so in a notice.
(a) After complying with the procedures in rule 91.267B, the Director may determine and specify in a notice –
(1) the routes, airspaces and the application of horizontal separations based on PBCS;
(2) the airworthiness and performance requirements for an aircraft operating under IFR and using PBCS;
(3) the operational requirements and limitations associated with PBCS;
(4) requirements for demonstrating compliance and procedures for addressing non-compliance with PBCS;
(5) suitable training requirements for a person who operates an aircraft under IFR and using PBCS;
(6) definitions and abbreviations to give full meaning to the terms used in a notice.
(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.
(c) For the purposes of rule 91.265(2)(i) and this rule, suitably trained and qualified means the person meets all the applicable training requirements specified in a notice and under Part 61; and suitable training has a corresponding meaning.
(a) The procedures for the making, amending and revoking of an ADS-B notice under rules 91.258A to 91.258E apply to a PBCS notice referred to in rule 91.267.
(b) When following the procedures, a reference to ADS-B, ADS-B system or ADS-B systems is to be read as PBCS.
(a) An operator who was approved by the Director to operate an aircraft using PBCS immediately before 5 April 2025 –
(1) is deemed to have been approved by the Director to operate an aircraft using PBCS under rule 91.265(3);
(2) may operate an aircraft under IFR using PBCS as specified in a notice under rule 91.267(a)(1); and
(3) must comply with all the applicable operational requirements and limitations specified in a notice under rule 91.267(a)(3).
(b) Paragraphs (a)(2) and (3) come into force on 5 April 2026.
(a) A person must not operate an aircraft at night using NVIS unless –
(1) the aircraft and NVIS meet the airworthiness and performance requirements –
(i) determined by the Director as specified in a notice under rule 91.273(a)(2); or
(ii) the Director accepts as equivalent to those in paragraph (i);
(2) the person –
(i) is suitably trained and qualified to operate the aircraft using NVIS as specified under Part 61 or in a notice under rule 91.273(a)(4); and
(ii) complies with the operational procedures and any limitations regarding the use of NVIS as specified in a notice under rule 91.273(a)(6).
(b) A person operating an aircraft at night to carry out NVIS training must not carry a passenger on the aircraft.
(a) After complying with the procedures referred to in rule 91.273B, the Director may determine the following as specified in a notice –
(1) the airworthiness and performance requirements for an aircraft being operated at night using NVIS;
(2) the airworthiness and performance requirements for NVIS;
(3) the requirements regarding the testing, installation and approval of NVIS;
(4) suitable training requirements, courses, manoeuvres or NVG aircraft operations for a person operating an aircraft at night using NVIS;
(5) the requirements for the appropriate night flight using NVIS experience;
(6) the operational procedures and any limitations associated with operating an aircraft at night using NVIS;
(7) the areas of competencies on the eligibility requirements for the issue of a NVIS rating referred to in rule 61.935(a)(4)(iii); and
(8) definitions and abbreviations to give full meaning to the terms used in a notice.
(b) A person must comply with any requirement specified in a notice referred to in paragraph (a) if the requirement applies to the person.
(c) For the purposes of rule 91.271(2)(i) and this rule, suitably trained and suitable training means the person meets all the applicable training requirements specified in a notice and under Part 61.
(a) The procedures for the making, amending and revoking of an ADS-B notice under rules 91.258A to 91.258E apply to a NVIS notice referred to in rule 91.273.
(b) When following the procedures, a reference to ADS-B or ADS-B systems is to be read as NVIS.
(a) A person who was approved by the Director to carry out operations in a particular aircraft at night using NVIS immediately before 5 April 2025 may continue to carry out NVIS operations until 5 April 2026.
(b) The person must comply with all the conditions regarding NVIS operations.
(c) This rule expires on 5 April 2026.
