General
Why did the Bill take so long?
This is a large and complex piece of legislation, containing over 480 clauses. It was important that this was carefully considered, drafted appropriately and that all aspects were taken into account.
Why does the Act treat all “aircraft” including hang gliders and model aircraft the same?
The definition of aircraft in the 2023 Act is based on an international standard. The definitions in the Bill set out the broad framework for the obligations of all participants. Where differences in the attributes and risks of different types of aircraft merit different treatment this will be accommodated in the rules.
Why is the Bill not more explicit about climate change?
The Bill creates a regulatory regime that ensures the safety and security of the civil aviation system. It is not intended to be a primary vehicle for implementing the government’s response to climate change. That is the function of the Climate Change Response Act 2002.
What the Bill does do is recognise that there will be intersections with climate change policies. It enables civil aviation decision makers to take climate change into consideration.
Independent Review Function
What is the new process for independent review of regulatory decisions?
The 2023 Act introduces a process to enable independent review of how the Director has exercised their functions and powers. Independent reviewers will report on their conclusions and may draw attention to certain decisions rather than overrule the Director.
This provides a readily accessible, cost-effective avenue to raise genuine concerns about how regulatory decisions have been made and for their investigation by a neutral and impartial party.
Which decisions will be reviewable?
The scope of reviewable decisions (i.e. which decisions can be reviewed) will be set out in regulation. This enables sector participants to be consulted in the process of determining which decisions will be reviewable.
Just Culture
What is Just Culture?
Just Culture is an internationally promoted principle that a person should not be unduly punished for minor and inadvertent infringements of civil aviation law, as a result of openly and honestly reporting safety-related information.
The primary aim of the provisions is to increase the accurate and timely reporting of incidents to the Civil Aviation Authority, to ensure it has the best information to target safety improvements in the aviation system.
For more information about how the CAA applies Just Culture you can visit https://www.aviation.govt.nz/about-us/what-we-do/operational-policies/just-culture-what-it-means-to-the-caa/(external link)(external link)
Could the Just Culture protections be open to abuse?
Just Culture is not about removing accountability. This is simply not appropriate when considering the risky nature of aviation and the potential impacts on society in the case of serious incidents and accidents.
The protections in these clauses are focused on creating an atmosphere of trust in which people are encouraged to provide essential safety-related information, but in which they are also clear about where the line must be drawn between acceptable and unacceptable behaviour.
Drug and alcohol regulation
What are the new drug and alcohol provisions under the new Act?
The provisions state that aviation operators identified in future rules and involved in safety sensitive activities must develop drug and alcohol management plans, which include random testing of safety sensitive workers. The Director of Civil Aviation will also have a power to undertake non notified drug and alcohol testing.
How does this change from existing regulations?
The Civil Aviation Act 1990 does not currently contain any provisions relating to drug and alcohol regulation. However, Civil Aviation Rules for adventure aviation operators do require operators to establish a programme for monitoring and managing risks associated with drug and alcohol use, as well as to ensure that crew members are not impaired due to alcohol and drugs.
Airline cooperative arrangements (alliances)
What is the proposed change to authorising Airline cooperative arrangements (alliances)
The new Act contains provisions which provide for a more robust regime for the authorisation of airline cooperative arrangements, including:
- setting an explicit and clear requirement that the Minister assesses whether the arrangements will result in a benefit to the public that would outweigh any lessening in competition, taking into account the main and additional purposes of the Act
- providing for a time limit and conditions to be attached to any approval (and for approval to be varied or revoked).
Why was this change made?
The provisions in the Civil Aviation Act 1990 have not kept pace with current business practice in relation to airline cooperative arrangements. In particular, the specific statutory criteria in the Civil Aviation Act 1990 are more suited to assessing agreements on tariffs as opposed to broader cooperative agreements.
Will this change provide for effective competition within the aviation sector?
The changes will provide a more robust process. This will support robust statutory decision making about airline cooperation, and an efficient airline industry in the public interest.
Aviation Security
What are the proposed changes to aviation security under the 2023 Act?
The new Act will not fundamentally alter current security settings within the aviation sector. Proposed amendments aim to:
- clarify the powers of aviation security officers and ensure they are clear about their authority to act; and
- clarify AvSec’s power to deal with dangerous goods.
Do any of these proposed changes impact individual rights?
The legislation continues to strike a good balance between the rights of individuals, the facilitation of passengers and goods through our airports and the security of New Zealand’s aviation system. As is normal practice for all legislation, prior to introduction, the Bill was scrutinised by the Ministry of Justice to assess whether it meets Bill of Rights requirements.
Why do we need landside security areas for airports when this is not the case for other public places?
This Bill was focused on the aviation system, and only considers security arrangements for aviation. The inclusion of new landside security areas is to provide an additional tool to respond to imminent security threats. If a landside security area is declared, this will mean that people entering that space can be searched for weapons or prohibited goods.