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This Subpart applies to the operation of New Zealand registered aircraft outside New Zealand and the operation of foreign registered aircraft within New Zealand.
A person operating a New Zealand registered aircraft must —
(1) when over the high seas, comply with ICAO Annex 2; and
(2) when operating within a foreign State, comply with the operating and flight rules of that State; and
(3) comply with this Part, so far as it is not inconsistent with applicable rules of the foreign country where the aircraft is being operated, or ICAO Annex 2.
(a) General. In addition to the other applicable rules of this Part, a person operating a foreign registered aircraft within New Zealand must comply with this rule.
(b) VFR. A person must not conduct an aircraft operation under VFR that requires two-way radio communications under this Part unless at least one flight crew member on the aircraft is able to conduct two-way radio communications in the English language and is on duty during the operation.
(c) IFR. A person must not operate an aircraft under IFR unless—
(1) the aircraft is equipped with—
(i) radio equipment allowing two-way radio communications with ATS when the aircraft is being operated in controlled airspace; and
(ii) a navigation system which will enable the aircraft to proceed in accordance with its flight plan; and
(2) the person piloting the aircraft—
(i) holds a current New Zealand instrument rating, or holds a current instrument rating issued by the country of that aircraft’s registry; and
(ii) is familiar with the New Zealand IFR en route, holding, and approach procedures published in the AIPNZ; and
(3) at least one flight crew member of the aircraft is able to conduct two-way radio telephone communications in the English language and the flight crew member is on duty while the aircraft is operating under IFR.
(a) Subject to the provisions of paragraph (b), a foreign registered aircraft must not be operated within New Zealand for hire or reward, other than on an air transport operation, except with the approval of the Director who may impose such conditions and limitations on the operation of the aircraft as the Director considers necessary in the interests of aviation safety.
(b) The holder of an approval issued under paragraph (a) must comply with any conditions or limitations imposed on the approval.
(c) Nothing in this rule applies to an aircraft engaged in an international scheduled or international non-scheduled flight.
(d) Nothing in paragraph (a) or paragraph (b) applies to aircraft engaged in air operations conducted in New Zealand under an Australian AOC with ANZA privileges.
