OC230466
19 June 2023
Jay
[FYI request #22891 email]
Tēnā koe Jay
I refer to your email dated 23 May 2023 requesting the following briefings under the Of icial
Information Act 1982 (the Act):
“OC230304 — Freight and supply chain strategy - Options for implementation
OC230312 — 2023 Legislation Programme - Reassessment of bids
OC230277 — Civil Aviation Rule Amendments - Part 139: Runway Condition Reporting
OC230065 — Seeking approval to consult on proposed changes to parking regulation and
towage and storage fees
OC230270 — Meeting with Debbie Francis and Mahanga Maru - Air Navigation System
Review Phase 2 Report“
Of the five briefings you requested:
• three are released with some information withheld or refused
• one is withheld in full
• one is refused.
Certain information is withheld or refused under the following sections of the Act:
9(2)(a)
to protect the privacy of natural persons
9(2)(f)(iv)
to maintain the constitutional conventions for the time being which protect the
confidentiality of advice tendered by Ministers of the Crown and officials
9(2)(g)(i)
to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members
of an organisation or officers and employees of any public service agency or
organisation in the course of their duty
9(2)(h)
to maintain legal professional privilege
18(d)
the information requested is or wil soon be publicly available
The above information is summarised in the document schedule at Annex 1.
transport.govt.nz | hei-arataki.nz
HEAD OFFICE: PO Box 3175, Wellington 6140, New Zealand. PH: +64 4 439 9000
AUCKLAND OFFICE: NZ Government Auckland Policy Office, PO Box 106483, Auckland 1143, New Zealand. PH: +64 4 439 9000
With regard to the information that has been withheld under section 9 of the Act, I am satisfied that
the reasons for withholding the information at this time are not outweighed by public interest
considerations that would make it desirable to make the information available.
You have the right to seek an investigation and review of this response by the Ombudsman, in
accordance with section 28(3) of the Act. The relevant details can be found on the Ombudsman’s
websit
e www.ombudsman.parliament.nz
The Ministry publishes our Of icial Information Act responses and the information contained in our
reply to you may be published on the Ministry website. Before publishing we wil remove any
personal or identifiable information.
Nāku noa, nā
Hilary Penman
Manager, Ministerial Services
transport.govt.nz | hei-arataki.nz
Page 2 of 3
Annex 1 - Document Schedule
Doc #
Reference
Document
Decision on release
1
OC230304
Freight and Supply Chain
Refused under Section 18(d).
Strategy - Options for
Implementation
When published, the briefing wil be
available here:
https://www.transport.govt.nz/area-of-
interest/freight-and-logistics/new-zealand-
freight-and-supply-chain-strategy/
2
OC230312
2023 Legislation Programme - Withheld in full under Section 9(2)(f)(iv).
Reassessment of Bids
3
OC230277
Civil Aviation Rule
Released with some information withheld
Amendments – Part 139:
under Section 9(2)(a).
Runway Condition Reporting
4
OC230065
Seeking Approval to Consult
Released with some information withheld
on Proposed Changes to
under Sections 9(2)(a), 9(2)(f)(iv),
Parking Regulation and
9(2)(g)(i) and 9(2)(h).
Towage and Storage Fees
5
OC230270
Meeting with Debbie Francis
Released with some information withheld
and Mahanga Maru - Air
under Section 9(2)(a) and refused under
Navigation System Review
Section 18(d).
Phase 2 Report
transport.govt.nz | hei-arataki.nz
Page 3 of 3
IN CONFIDENCE
Document 3
19 April 2023
OC230277
Hon Kiritapu Allan
Action required by:
Associate Minister of Transport
Friday, 28 April 2023
CIVIL AVIATION RULE AMENDMENTS - PART 139: RUNWAY
CONDITION REPORTING
Purpose
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This briefing asks you to make amendments in the Civil Aviation Rules Part 139 relating to
Runway Condition Reporting. It includes the Ministry’s legal advice about your
THE statutory
power to make this Rule amendment.
ACT
Key points
• The proposed Rules amendment wil change the provisions of Part 139 relating to runway
condition reporting (RCR).
UNDER
• These amendments wil update the Rules that prescribe the requirements relating to RCR
to be fit for purpose and align with the International Civil Aviation Organisation’s (ICAO)
align with the ICAO Circular 355 Assessment, Measurement and Reporting of Runway
Conditions.
• The proposed rule amendments wil have a standardised approach to assessing the
condition of the runway and reporting the information to the flight crew members. The
INFORMATION
flight crew members then use this information alongside aircraft performance data to
ensure a safe take-off and landing.
RELEASED
• The Rules also make consequential amendments to existing Rule Parts 1, 121, 125, 135
and 172.
• The section of this briefing headed ‘Legal advice - Amendment to Part 139 – Runway
Condition Reporting’ advises you on the matters you must consider when exercising your
powers to make rules. It also advises you how these Rules have been developed in
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accordance with statutory and other requirements.
• The Rules are now finalised for your approval and signature.
• It is proposed that the Rules enter into force on 30 November 2023.
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CIVIL AVIATION RULE AMENDMENTS - PART 139 RUNWAY
CONDITION REPORTING
Background
1
Civil Aviation Rule Part 139: Aerodromes Certification, Operation and Use prescribes
rules relating to requirements of a holder of an aerodrome operator certificate to have
a maintenance programme which provides for the measurement and provision of real-
time runway condition reporting (RCR) to be fit for purpose.
2
Part 139 in its current form has had problems emerge in its implementation at various
aerodromes across New Zealand.
3
The objective of this amendment to Part 139 is to update the Rules that prescribe the
requirements relating to RCR to be fit for purpose and align with the ICAO Circular 355
1982
Assessment, Measurement and Reporting of Runway Conditions (ICAO Circular 355).
THE
4
Al member states of ICAO are expected to implement RCR, that is a standardised
approach to assessing the condition of the runway and reporting the information to the
ACT
flight crew members. The flight crew members then use this information alongside
aircraft performance data to ensure a safe take-off and landing. International
consistency in the reporting of the runway condition is crucial to achieve the safety
benefits. The revised standards and recommended practices (SARPs) came into effect
on 5 November 2020.
UNDER
Runway Excursions have been recognised internationally as a significant
safety risk
5
Contamination on the runway (such as water, snow or ice) affects the braking
performance of the aircraft. The reduced friction between the tyre and the runway
means that more space is required for the aircraft to fully stop, and there is a greater
risk of an aircraft aquaplaning. Serious harm is likely to occur if an aircraft departs the
INFORMATION
runway unexpectedly. This is known as a ‘runway excursion’ – a veer of or overrun of
the runway surface.
RELEASED
6
Runway excursions resulting from contamination have not historically been an issue in
New Zealand. For the period 2000 to 2017 there were 20 reported runway excursions
at Part 139 certificated aerodromes. None of these related to snow, ice, or excess
surface water. There have been no fatal runway excursion incidents in New Zealand.
Nevertheless, several certificated New Zealand aerodromes do experience snow and
ice conditions, and all experience a wet runway and are at risk of standing water.
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7
In 2015 a passenger jet aircraft aquaplaned on standing water at Christchurch airport
and stopped five meters from the end of the runway and categorised as a ‘near miss’.
A recent incident at Auckland Airport during a severe weather event in January 2023
also re-highlighted the importance of this Rule change.
8
RCR reduces that risk using a globally standardised method of runway assessment
and reporting.
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The introduction of RCR in New Zealand is part of a global implementation
9
The proposed changes are part of the implementation of a globally standardised
approach which has been tested and validated to replace subjective judgements with
objective assessments directly tied to criteria relevant for aeroplane performance.1
10
New Zealand is one of many countries implementing RCR. Ensuring global
consistency, where appropriate, is important to New Zealand remaining part of the
global aviation system.
Summary of proposed changes
Part 139 Aerodromes, Certification, Operation and Use
11
Part 139 is amended to update the Civil Aviation Rules that prescribe the requirements
relating to runway condition reporting to be fit for purpose, and align with the ICAO
1982
Circular 355.
THE
12
The proposed rule amendments include the following:
ACT
•
the maintenance programme established by a certificated aerodrome operator
must also provide for an assessment of runway condition and provision of runway
condition report;
•
a certificated aerodrome operator must ensure that the assessment of the runway
UNDER
condition and provision of runway condition report is in accordance with section
4 of the ICAO Circular 355 and the runway condition assessment matrix, or in an
equivalent format acceptable to the Director;
•
imposing certain requirements on a certificated aerodrome operator for a
controlled or uncontrolled aerodrome, relating to the provision of runway
condition reports for an air transport operation under Part 121; and
•
requiring certificated aerodrome operator to ensure that personnel who perform
INFORMATION
the task of assessing the runway condition and providing a runway condition
RELEASED
report are suitably trained and competent to perform those tasks.
Consequential amendments
13
To give effect to the proposed amendments in Part 139, consequential amendments
were made to Part 1,121, 125, 135 and 172.
14
Part 172 is amended to give full ef ect to the runway condition reporting proposal. The
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proposed amendments include the following:
•
requiring an applicant for the grant of an air traffic service certificate for an
aerodrome control service to establish procedures promulgating runway surface
conditions used in a runway condition report. There are four types of runway
conditions namely wet runway, dry runway, slippery wet runway and
contaminated runway. A certain runway surface condition (such as dry runway)
1 ICAO Circular 355, 4.22
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THE
ACT
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RELEASED
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IN CONFIDENCE
•
rule 139.107(a)(1)(i) is revised to incorporate reference to section 4 of the ICAO
Circular 355
•
rule 137.107(b)(1) is revised to better clarify the wording “at the start of an
operation”.
•
new rule 139.107B is inserted to include the requirement regarding the training
of personnel who provide assessment of runway conditions and provide RCR.
•
The proposed consequential amendments in Parts 121,125 and 135 to remove
references to ‘TALPA’ and ‘TALPA procedures’ are retained and included in the
final rule package.
27
A submit er raised concern about the accessibility of definitions outside of Rule Part 1,
particularly for the definition of ‘contaminated runway’. CAA agreed that the proposed
definition of ‘contaminated runway’ is likely to be problematic for operators outside of
1982
New Zealand, including Air New Zealand. The submit er suggested that the ICAO
runway condition matrix assessment (RCAM) should be published in the Aeronautical
THE
Information Publication (NZAIP) for local operators. The CAA agrees with the
submit er’s suggestion and advises that the ICAO RCAM wil be published in the
ACT
NZAIP, for the benefit of local operators.
RCR should be closely aligned with airport reporting when not monitored
28
One submitter suggested that the aircraft operating rules should be more closely
aligned with the airport reporting when not being monitored (for when an aerodrome is
UNDER
uncontrolled or unattended). The CAA advises that the rule has been further amended
to make it clear that runway condition reports are to be provided at controlled
aerodromes when the runway surface conditions are other than dry or wet. The rule
requires RCR to be provided at all airports when the required ATC service is on watch.
The rule also provides a suitable regulatory mechanism for the provision of RCR at
certificated aerodromes without ATC when serving Part 121 operations.
INFORMATION
What we would like you to do
RELEASED
29
It is proposed that the amendment rules come into force on 30 November 2023. The
rules must be notified in the Gazet e at least 28 days before commencement.
30
You wil need to sign the rules by 28 April 2023 to enable gazetting by the end of
May 2023 and to give industry sufficient time to prepare for the changes. CAA have
indicated to industry a 6 to 8-month transition period for industry to appropriately train
staff by November 2023.
OFFICIAL
31
Before you decide to sign the rules it is necessary for you to consider the Legal advice
section which follows. The Legal advice section provides advice on the legal
requirements for the development of the Part 139 Runway Condition Reporting
amendment rules, and the matters that you are required to consider when making civil
aviation rules.
Legal advice – Amendment to Part 139 Runway Condition Reporting and other
Parts
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IN CONFIDENCE
32
This section is legal advice.
33
Under sections 28 and 30 of the Act, you have the power to make ordinary rules for a
number of purposes, including (among other things), to make rules assisting aviation
safety; and any matter contemplated under the Act.
Matters for your consideration
34
We consider the advice given in the “Matters for your specific consideration” section of
this briefing to be legally sound.
Consultation
35
You are also required under the Act to consult in relation to rule changes. As set out
above, consultation took place in between 29 September and 29 November 2022 and
received four submissions.
1982
36
We believe that you can conclude that the public notification and consultation on the
rule was appropriate and met the requirements of the Act THE
Regulations Review Committee
ACT
37
Ordinary rules are disallowable instruments for the purpose of the Legislation Act 2012
and under section 41 of that Act must be laid before the House of Representatives not
later than the sixteenth sitting day after they are made.
38
You have not referred a draft of the Rule to the Regulations Review Committee under
UNDER
Standing Order 318(2).
39
There do not appear to be any grounds for the Regulations Review Committee to draw
the Rule to the attention of the House under Standing Order 319(2).
Publicity and tabling
INFORMATION
40
The Civil Aviation Authority wil notify the making of the Rule in the
New Zealand
Gazette and will also publicise the Rule in its publications and on its website.
RELEASED
41
Subject to your approval, the Civil Aviation Authority wil work with officials from your
Of ice to arrange the laying of the signed Rules before the House.
Communications
42
The Civil Aviation Authority will work with the relevant stakeholders to ensure the
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changes are understood and complied with.
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PURSUANT to Sections 28 and 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
Associate Minister of Transport
INFORMATION
RELEASED
Civil Aviation Rules
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Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
Docket 21 /CAR/2
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 5
Insertion of Amendments .................................................................................... 5
Effective date of rule ........................................................................................... 5
Availability of rules ............................................................................................. 5
Subpart C — Operating Requirements for Aerodrome ...................... 6
139.103 Aerodrome maintenance ................................................................... 6
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139.107 Assessment of runway condition and provision of runway
condition report ................................................................................ 6
THE
139.107B Training and competency of personnel for assessment of
runway condition and provision of runway condition report ............ 8
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
2
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
Rule objective
The objective of amendment 15 to Part 139 is to update the Civil
Aviation Rules that prescribe the requirements relating to runway
condition reporting to be fit for purpose, and aligned with the
ICAO
Circular 355 Assessment, Measurement and Reporting of Runway
Conditions.
In its current form, the affected rule 139.103 is problematic with the use
of the term ‘real time’. For instance, the rule is difficult to interpret due
to a lack of clear policy intent and the cost of technology required to
undertake ‘real-time’ assessments of runway surface condition is
prohibitive.
1982
THE
All ICAO member states are expected to implement a standardised
approach to assessing the condition of the runway and reporting this
ACT
information to the appropriate persons to ensure safe take-off and landing.
International consistency with regards to runway condition reporting is
crucial in order to achieve the full safety benefits.
UNDER
Extent of consultation
A Notice of Proposed Rulemaking NPRM 22-01, containing the
proposed Part 139 Runway Condition Reporting proposal was issued for
public consultation under Docket 21/CAR/2 on 29 September 2022.
The NPRM was published on the CAA web site and mailed to identified
stakeholders including representative organisations who were
INFORMATION
considered likely to have an interest in the proposal.
RELEASED
A period of 62 days was allowed for comment on the proposed rule.
Summary of submissions
Four (4) written submissions were received on the NPRM. There were
no oral comments received on the submission. A summary of
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submissions for this NPRM is available on the CAA website. These
submissions and comments have been considered and as a result, the
following amendments were made –
• Paragraph (a)(1) of rule 139.107 is amended by splitting it into
2 subparagraphs to better clarify intent that–
3
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
(1) the relevant section is section 4 of the
ICAO Circular
355 Assessment, Measurement and Reporting of Runway
Conditions; and
(2) the assessment of the runway condition and provision of
the runway condition report is to be in accordance with the
runway condition assessment matrix which produces the
runway condition code as contained in the AIPNZ;
• Paragraph (b)(1) of rule 139.107 is amended –
(1) to provide a more definitive time frame for when a
1982
runway condition report is to be produced by removing the
term ‘daily’ and replacing with ‘in each calendar day’; and
THE
(2) to better pinpoint when a runway condition re
ACT port is
actually required by removing the phrase ‘at the start of the
operation’ and replacing with ‘before the first aircraft takes off
or lands at the aerodrome’;
UNDER
• Paragraph (b)(2) of rule 139.107 is amended by splitting the
paragraph into 2 subparagraphs to better clarify intent that a
runway condition report is amended when there is a change in
the conditions since the last report was made, and immediately
before an aircraft takes off or lands at the aerodrome;
• Paragraph (c) is amended as follows to better clarify intent –
INFORMATION
(1) Paragraphs (1) an
RELEASED d (3) are combined into one paragraph
to require that the runway condition report is produced in each
calendar day immediately before an aircraft takes off or lands
at the aerodrome, and produced at civil evening twilight if
additional take–off and landing are scheduled, and produced
upon agreement with a Part 121 operator, and is available for
issue in a tim
OFFICIAL ely manner;
(2) Paragraph (2) is removed as it adds another layer of
complexity that is not necessary for an uncontrolled
aerodrome;
4
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
(3) in paragraph (3) - the phrase “in a format acceptable to the
Director” which refers to the runway condition report, is
removed for being redundant as rule 139.107(a)(2) already
covers this;
(4) for consistency with the
ICAO Circular 355
Assessment, Measurement and Reporting of Runway
Conditions paragraph (d)(2) is amended by inserting the
phrase ‘and further assessment of runway condition resulting
in different runway condition codes’ after ‘poor braking
action’; and
1982
• new rule 139.107B (Training of personnel for assessment of
runway condition and provision of runway conditi
THE on report) is
inserted, which requires affected certificated aerodrome
ACT
operators to ensure that personnel who perform tasks
involving runway condition assessments and runway
condition reporting are suitably trained and remain competent.
Examination of submissions UNDER
Submissions may be examined by application to the Docket Clerk at the
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
except statutory holidays.
Insertion of Amendments
The amendments to the rules in this Part are reflected by –
INFORMATION
• revoking and replacing rule 139.103; and
RELEASED
• inserting new rules 139.107 and 13.107B.
Effective date of rule
Amendment 15 to Part 139 comes into force on 30 November 2023
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Availability of rules
Civil Aviation Rules are available from–
CAA web site: http://www.caa.govt.nz/
Freephone: 0800 GET RULES (0800 438 785)
5
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
Subpart C — Operating Requirements for Aerodrome
Rule 139.103 is revoked and replaced by the following rule:
139.103 Aerodrome maintenance
(a) A holder of an aerodrome operator certificate must establish a
maintenance programme, including preventative maintenance if
appropriate, for maintaining the aerodrome facilities in a condition that
does not impair the safety, security, regularity, or efficiency of aircraft
operations.
(b) The maintenance programme must –
1982
(1) provide for the surface of paved manoeuvring areas to be kept
THE
clear of any loose objects or debris that might endanger aircraft
operations; and
ACT
(2) provide for the surface of paved runways to be maintained in a
condition that provides good surface friction characteristics and
low rolling resistance for aircraft; and
UNDER
(3) provide for an assessment of runway condition and provision
of runway condition report as specified in rule 139.107.
The following new rule is inserted after rule 139.105:
139.107 Assessment of runway condition and provision of
INFORMATION
runway condition report
(a) A holder of an aerodrome o
RELEASED perator certificate must ensure that the
assessment of the runway condition and the provision of a runway
condition report –
(1) is in accordance with –
(i)
section 4 of
OFFICIAL the
ICAO Circular 355 Assessment,
Measurement and Reporting of Runway
Conditions; and
(ii) the runway condition assessment matrix which
produces the runway condition code as contained in the
AIPNZ; or
6
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
(2) is in an equivalent format acceptable to the Director.
(b) The holder of an aerodrome operator certificate referred to in
paragraph (a) for a controlled aerodrome must ensure that for an aircraft
performing an air transport operation under Part 121, the runway
condition report for conditions other than dry or wet runway -
(1) is compiled and produced each calendar day immediately
before the first aircraft takes off or lands at the aerodrome; and
(2) is amended –
1982
(i)
when there is a change in the conditions since the last
report was made; and
THE
(ii) immediately before an aircraft takes off or lands at the
ACT
aerodrome; and
(3) is issued in a timely manner to operators.
UNDER
(c) The holder of an aerodrome operator certificate referred to in
paragraph (a) for an uncontrolled aerodrome must ensure that for an
aircraft performing an air transport operation under Part 121, the runway
condition report -
(1) is compiled –
(i)
each calendar day immediately before
INFORMATION the aircraft takes
off or lands at the aerodrome; and
RELEASED
(ii) at civil evening twilight if additional take-off and
landing of aircraft are scheduled; and
(2) is available for issue in a timely manner upon prior agreement
with the aircraft operator.
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(3) For the purposes of paragraph (b)(2)(i), a change in the
conditions
includes -
(i)
when the runway conditions have changed
significantly due to meteorological conditions but
7
CAA of NZ
Part 139, Amendment 15
Aerodromes - Certification, Operation and Use
excluding a change from dry to wet runway, or wet to
dry runway; or
(ii) following a report of poor braking action and further
assessment of runway condition resulting in different
runway condition codes.
The following new rule is inserted after rule 139.107:
139.107B Training and competency of personnel for
assessment of runway condition and provision of runway
condition report
1982
The holder of an aerodrome operator certificate must ensure that
personnel who perform the task of assessing the runway condi
THE tion and
providing a runway condition report are suitably trained and competent to
ACT
perform those tasks.
UNDER
INFORMATION
RELEASED
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CAA of NZ
PURSUANT to Section 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
Associate Minister of Transport
INFORMATION
RELEASED
Civil Aviation Rules
OFFICIAL
Part 1, Amendment 58
Definitions and Abbreviations
Docket 21 /CAR/2
Part 1, Amendment 58
Definitions and Abbreviations
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 3
Insertion of Amendments .................................................................................... 4
Effective date of rule ........................................................................................... 4
Availability of rules ............................................................................................. 4
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Part 1 Definitions and Abbreviations ................................................... 5
1.1
General definitions ........................................................................... 5
THE
ACT
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CAA of NZ
Part 1, Amendment 58
Definitions and Abbreviations
Rule objective
The objective of amendment 58 to Part 1 is to revise existing definitions
and provide for new definitions for certain terms used in Part 139
Amendment 15. These definitions will give full effect to the Part 139
Runway Conditions Reporting proposal.
Extent of consultation
A Notice of Proposed Rulemaking NPRM 22-01, containing the Part
139 Runway Condition Reporting proposal was issued for public
consultation under Docket 21/CAR/2 on 29 September 2022.
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The NPRM was published on the CAA web site and mailed to identified
stakeholders including representative organisations who were
THE
considered likely to have an interest in the proposal. ACT
A period of 62 days was allowed for comment on the proposed rule.
Summary of submissions
Four (4) written submissions were received on the NPRM. There were
UNDER
no oral comments received. A summary of submissions for this NPRM
will be available on the CAA website.
These submissions and comments have been considered and as a result,
the new definitions of
Standing water, Slippery wet runway and
Wet
ice are inserted. The definitions of
Standing water and
Wet ice were
initially proposed to be placed in rule 172.93. However, as these terms
INFORMATION
could potentially be used in other Rule Parts, it was considered
appropriate to place them in Part 1
RELEASED (General Definitions and
Abbreviations).
In finalising the draft definitions, it was considered necessary to also add
the new definition of
Slippery wet runway, as it is one of the main
runway condition descriptors.
OFFICIAL
Examination of submissions
Submissions may be examined by application to the Docket Clerk at the
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
except statutory holidays.
3
CAA of NZ
Part 1, Amendment 58
Definitions and Abbreviations
Insertion of Amendments
The amendments to the rules in Part 1 are reflected by –
• revoking and replacing the definitions of
Contaminated,
Dry
and
Wet runway;
• revoking the definition of
TALPA procedures and the
abbreviation of
TALPA; and
• inserting the new definitions of
Standing water, Slippery wet
runway and
Wet ice.
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Effective date of rule
THE
Amendment 58 to Part 1 comes into force on 30 November 2023
ACT
Availability of rules
Civil Aviation Rules are available from–
CAA web site: http://www.caa.govt.nz/
UNDER
Freephone: 0800 GET RULES (0800 438 785)
INFORMATION
RELEASED
OFFICIAL
4
CAA of NZ
Part 1, Amendment 58
Definitions and Abbreviations
Part 1 Definitions and Abbreviations
1.1
General definitions
The definition of Contaminated is revoked and replaced with the
following definition:
Contaminated, in relation to a runway, means a significant portion of
the runway surface area (whether in isolated areas or not) within the
length and width being used is covered by one or more of the
substances listed in the runway surface condition descriptors as
contained in the NZAIP:
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The definition of Dry is revoked and replaced with the following
definition:
THE
ACT
Dry, in relation to a runway, means a runway surface is free of visible
moisture and not contaminated within the area intended to be used:
The new definition of Standing water is inserted after the definition of
Standard part:
UNDER
Standing water means water of depth greater than 3mm and includes
running water of depth greater than 3mm:
The new definition of Slippery wet runway is inserted after the
definition of Single-pilot aircraft:
INFORMATION
Slippery wet runway means a wet runway where the surface friction
RELEASED
characteristics of a significant portion of the runway has been
determined to be degraded:
The definition of TALPA procedures is revoked:
TALPA procedures - Revoked
OFFICIAL
5
CAA of NZ
Part 1, Amendment 58
Definitions and Abbreviations
The definition of Wet runway is revoked and replaced with the
following definition:
Wet, in relation to a runway, means a runway surface is covered by any
visible dampness or water up to and including 3 mm deep within the
area intended to be used:
The new definition of Wet ice is inserted after the definition of Wet:
Wet ice means ice with water on top of it or ice that is melting; which
can cause the surface to become very slippery and is to be reported
1982
appropriately as reduced braking action in line with procedures in the
THE
PAN-Aerodromes (Doc 9981):
ACT
1.3 Abbreviations
The abbreviation of TALPA is revoked:
TALPA – Revoked
UNDER
INFORMATION
RELEASED
OFFICIAL
6
CAA of NZ
PURSUANT to Sections 28 and 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
INFORMATION
Associate Minister of Transport
RELEASED
OFFICIAL
Civil Aviation Rules
Part 121, Amendment 33
Air Operations – Large Aeroplanes
Docket 21 /CAR/2
Part 121, Amendment 33
Air Operations – Large Aeroplanes
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 3
Insertion of Amendments .................................................................................... 3
Effective date of rule ........................................................................................... 4
Availability of rules ............................................................................................. 4
1982
Part 121 Air Operations — Large Aeroplanes ..................................... 5 Subpart D — Performance ....................................................................
THE
5
121.221 Landing distance - runways .............................................................. 5
ACT
Appendix D — Landing Distance Assessments for Runways ........... 6
D.3
TALPA procedures - Revoked ........................................................ 6
UNDER
INFORMATION
RELEASED
OFFICIAL
2
CAA of NZ
Part 121, Amendment 33
Air Operations – Large Aeroplanes
Rule objective
The objective of amendment 33 to Part 121 is to update Part 121 to give
full effect to the Part 139 Runway Condition Reporting proposal.
The term ‘real time’ as currently used in the reference ‘real-time
reporting’ in rule 121.221 is removed, for being problematic. For
instance, the rule is difficult to interpret due to a lack of clear policy
intent and the cost of technology required to undertake ‘real-time’
assessments of runway surface condition is prohibitive. Reference to
‘TALPA procedures’ is also removed, as the use of the term is
redundant.
1982
Extent of consultation
THE
A Notice of Proposed Rulemaking NPRM 22-01, containing the Part
139 Runway Conditions Reporting was issued for public consultation
ACT
under Docket 21/CAR/2 on 29 September 2022.
The NPRM was published on the CAA web site and mailed to identified
stakeholders including representative organisations who were
UNDER
considered likely to have an interest in the proposal.
A period of 62 days was allowed for comment on the proposed rule.
Summary of submissions
Four (4) written submissions were received on the NPRM. There were
no oral comments. A summary of submissions for this NPRM will be
INFORMATION
available on the CAA website. These submissions and comments have
been considered and as a result no
RELEASED amendments were made.
Examination of submissions
Submissions may be examined by application to the Docket Clerk at the
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
except statutory holidays.
OFFICIAL
Insertion of Amendments
The amendments to the rules in this Part are reflected by revoking and
replacing rule 121.221, and revoking appendix D.3 (TALPA
procedures).
3
CAA of NZ
Part 121, Amendment 33
Air Operations – Large Aeroplanes
Effective date of rule
Amendment 33 to Part 121 comes into force on 30 November 2023
Availability of rules
Civil Aviation Rules are available from–
CAA web site: http://www.caa.govt.nz/
Freephone: 0800 GET RULES (0800 438 785)
1982
THE
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
4
CAA of NZ
Part 121, Amendment 33
Air Operations – Large Aeroplanes
Part 121 Air Operations — Large Aeroplanes
Subpart D — Performance
Rule 121.221 is revoked and replaced with the following rule:
121.221 Landing distance - runways
(a) A holder of an air operator certificate must ensure that, for each
aeroplane it operates, the landing weight for the estimated time of
landing will not exceed the landing weight specified in the aeroplane
flight manual.
1982
(b) A holder of an air operator certificate must use the following
THE
procedures for calculating the landing distance for an aeroplane on a
runway:
ACT
(1) that have been approved under paragraph (c); or
(2) as provided in Appendix D.
UNDER
(c) The Director may, after taking account of the following matters,
approve an application by a holder of an air operator certificate for
procedures if satisfied—
(1) whether or not the aeroplane proposed has performance data
issued by the manufacturer supporting the procedures that is
available for use by the pilot or flight crew members; and
INFORMATION
(2) whether the operator h
RELEASED as reliable access to either –
(i) accurate reporting on runway conditions that is
appropriate for the procedures to be used; or
(ii) data that enables the operator to identify equivalent
conditi
OFFICIAL ons; and
(3) the margin of error that should be applied when calculating
landing distance using the procedures which must take into
account:
(i) the implications of pilot technique on landing distance;
5
CAA of NZ
Part 121, Amendment 33
Air Operations – Large Aeroplanes
(ii) the implications of unexpected environmental
conditions at the destination aerodrome;
(iii) whether the calculation is being undertaken at the
dispatch stage or en-route;
(iv) whether the margin of error is supported by the
reporting of the runway conditions; and
(4) whether all personnel involved in the reporting of runway
conditions, calculation of data and operation of the flight
have had appropriate training in the use of the procedures.
1982
Appendix D — Landing Distance Assessmen
THE
ts for
Runways
ACT
Appendix D.3 is revoked:
D.3
TALPA procedures - Revoked
UNDER
INFORMATION
RELEASED
OFFICIAL
6
CAA of NZ
PURSUANT to Sections 28 and 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
INFORMATION
Associate Minister of Transport
RELEASED
Civil Aviation Rules
OFFICIAL
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
Docket 21 /CAR/2
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 3
Insertion of Amendments .................................................................................... 4
Effective date of rule ........................................................................................... 4
Availability of rules ............................................................................................. 4
1982
Part 125 — Medium Aeroplanes ........................................................... 5 Subpart D — Performance ....................................................................
THE
5
125.233 Landing distance – runways ................................................................ 5
ACT
D.3
TALPA procedures - Revoked............................................................. 6
UNDER
INFORMATION
RELEASED
OFFICIAL
2
CAA of NZ
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
Rule objective
The objective of amendment 25 to Part 125 is to update the Civil
Aviation Rules (the Rules) to give full effect to the Runway Condition
Reporting Part 139 proposal.
The term ‘real time’ as currently used in the reference ‘real-time
reporting’ in rule 125.233 is removed, for being problematic. For
instance, the rule is difficult to interpret due to a lack of clear policy
intent and the cost of technology required to undertake ‘real-time’
assessments of runway surface condition is prohibitive. Reference to
‘TALPA procedures’ is also removed, as the use of the term is
redundant.
1982
THE
Extent of consultation
A Notice of Proposed Rulemaking NPRM 22-01, containing the
ACT
proposed Runway Condition Report Part 139 proposal was issued for
public consultation under Docket 22/CAR/1 on 29 September 2022.
The NPRM was published on the CAA web site and mailed to identified
UNDER
stakeholders including representative organisations who were
considered likely to have an interest in the proposal.
A period of 65 days was allowed for comment on the proposed rule.
Summary of submissions
Four (4) written submissions were received on the NPRM. There were
INFORMATION
no oral comments. A summary of submissions for this NPRM is
available on the CAA website. The
RELEASED se submissions and comments have
been considered and as a result no amendments were made to the final
rules.
Examination of submissions
Submissions may be examined by application to the Docket Clerk at the
OFFICIAL
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
except statutory holidays.
3
CAA of NZ
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
Insertion of Amendments
The amendments to the rules in this Part are reflected by-
• revoking and replacing rule 125.221; and
• revoking appendix D.3.
Effective date of rule
Amendment 25 to Part 125 comes into force on 30 November 2023
Availability of rules
1982
Civil Aviation Rules are available from–
THE
CAA web site: http://www.caa.govt.nz/
Freephone: 0800 GET RULES (0800 438 785) ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
4
CAA of NZ
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
Part 125 — Medium Aeroplanes
Subpart D — Performance
Rule 125.233 is revoked and replaced with the following rule:
125.233 Landing distance – runways
(a)
A holder of an air operator certificate must ensure that, for each
aeroplane it operates, the landing weight for the estimated time of
landing will not exceed the landing weight specified in the aeroplane
flight manual.
1982
(b)
A holder of an air operator certificate must use the following
THE
procedures for calculating the landing distance for an aeroplane on a
runway –
ACT
(1) that have been approved under paragraph (c); or
(2) as provided in Appendix D.
UNDER
(c)
The Director may approve an application by a holder of an air
operator certificate for procedures referred to in paragraph (b)(1) if
satisfied of the following matters –
(1) whether or not the aeroplane proposed has performance data
issued by the manufacturer supporting the procedures that is
available for use by the pilot or flight crew members; and
INFORMATION
(2) whether the operator h
RELEASED as reliable access to either –
(i)
accurate reporting on runway conditions that is
appropriate for the procedures to be used; or
(ii) data that enables the operator to identify equivalent
condi
OFFICIAL tions; and
(3) the margin of error that should be applied when calculating
landing distance using the procedures which must take into
account the following –
5
CAA of NZ
Part 125, Amendment 25
Air Operations — Medium Aeroplanes
(i)
the implications of pilot technique on landing
distance;
(ii) the implications of unexpected environmental
conditions at the destination aerodrome;
(iii) whether the calculation is being undertaken at the
dispatch stage or en-route;
(iv) whether the margin of error is supported by the
reporting of the runway conditions; and
1982
(4) whether all personnel involved in the reporting of runway
conditions, calculation of data and operation of the flight
THE
have had appropriate training in the use of the procedures.
ACT
Appendix D — Landing Distance Assessments for
Runways
Appendix D.3 is revoked: UNDER
D.3
TALPA procedures - Revoked
INFORMATION
RELEASED
OFFICIAL
6
CAA of NZ
PURSUANT to Sections 28 and 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
INFORMATION
Associate Minister of Transport
RELEASED
Civil Aviation Rules
OFFICIAL
Part 135, Amendment 25
Air Operations – Helicopters and Smal Aeroplanes
Docket 21/CAR/2
Part 135, Amendment 25
Air Operations – Helicopters and Small Aeroplanes
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 3
Insertion of Amendments .................................................................................... 3
Effective date of rule ........................................................................................... 4
Availability of rules ............................................................................................. 4
1982
Part 135 Air Operations — Helicopters and Small Aeroplanes ......... 5 Subpart D — Performance ....................................................................
THE
5
135.233 Landing distance – runways ............................................................. 5
ACT
Appendix D — Landing Distance Assessments for Runways ........... 6
D.3 TALPA procedures - Revoked ..................................................................... 6
UNDER
INFORMATION
RELEASED
OFFICIAL
2
CAA of NZ
Part 135, Amendment 25
Air Operations – Helicopters and Small Aeroplanes
Rule objective
The objective of amendment 25 to Part 135 is to update the Civil
Aviation Rules to give full effect to the Part 139 Runway Condition
Reporting proposal.
The term ‘real time’ as currently used in the reference ‘real-time
reporting’ in rule 135.233 is removed, for being problematic. For
instance, the rule is difficult to interpret due to a lack of clear policy
intent and the cost of technology required to undertake ‘real-time’
assessments of runway surface condition is prohibitive. Reference to
‘TALPA procedures’ is also removed, as the use of the term is
redundant.
1982
THE
Extent of consultation
A Notice of Proposed Rulemaking NPRM 22-01, containing the
ACT
proposed Part 139 Runway Condition Reporting proposal was issued for
public consultation under Docket 21/CAR/2 on 29 September 2022.
The NPRM was published on the CAA web site and mailed to identified
UNDER
stakeholders including representative organisations who were
considered likely to have an interest in the proposal.
A period of 62 days was allowed for comment on the proposal.
Summary of submissions
Four (4) written submissions were received on the NPRM. There were
INFORMATION
no oral comments. A summary of submissions for this NPRM will be
available on the CAA website. No
RELEASED amendments were made as a result of
the submissions.
Examination of submissions
Submissions may be examined by application to the Docket Clerk at the
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
OFFICIAL
except statutory holidays.
Insertion of Amendments
The amendments to the rules in this Part are reflected by revoking and
replacing rule 135.233 and revoking appendix D.3 (TALPA procedures).
3
CAA of NZ
Part 135, Amendment 25
Air Operations – Helicopters and Small Aeroplanes
Effective date of rule
Amendment 25 to Part 135 comes into force on 30 November 2023
Availability of rules
Civil Aviation Rules are available from–
CAA web site: http://www.caa.govt.nz/
Freephone: 0800 GET RULES (0800 438 785)
1982
THE
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
4
CAA of NZ
Part 135, Amendment 25
Air Operations – Helicopters and Small Aeroplanes
Part 135 Air Operations — Helicopters and Small
Aeroplanes
Subpart D — Performance
Rule 135.233 is revoked and replaced with the following rule:
135.233 Landing distance – runways
(a) A holder of an air operator certificate must ensure that, for each
aeroplane it operates, the landing weight for the estimated time of
landing will not exceed the landing weight specified in the aeroplane
1982
flight manual.
THE
(b) A holder of an air operator certificate must use the following
procedures for calculating the landing distance for an aeroplane on a
ACT
runway –
(1) that have been approved under paragraph (c); or
UNDER
(2) as provided in Appendix D.
(c) The Director may approve an application by a holder of an air
operator certificate for procedures referred to in paragraph (b)(1) if
satisfied of the following matters –
(1) whether or not the aeroplane proposed has performance data
issued by the manufacturer supporting the pr
INFORMATION ocedures that is
available for use by the pilot or flight crew members; and
RELEASED
(2) whether the operator has reliable access to either –
(i)
accurate reporting on runway conditions that is
appropriate for the permitted procedures to be used; or
OFFICIAL
(ii) data that enables the operator to identify equivalent
conditions; and
(3) the margin of error that should be applied when calculating
landing distance using the permitted procedures which must
take into account the following –
5
CAA of NZ
Part 135, Amendment 25
Air Operations – Helicopters and Small Aeroplanes
(i)
the implications of pilot technique on landing
distance;
(ii) the implications of unexpected environmental
conditions at the destination aerodrome;
(iii) whether the calculation is being undertaken at the
dispatch stage or en-route;
(iv) whether the margin of error is supported by the
reporting of the runway conditions; and
1982
(4) whether all personnel involved in the reporting of runway
conditions, calculation of data and operation of the flight
THE
have had appropriate training in the use of the procedures.
ACT
Appendix D — Landing Distance Assessments for
Runways
Appendix D.3 is revoked: UNDER
D.3 TALPA procedures - Revoked
INFORMATION
RELEASED
OFFICIAL
6
CAA of NZ
PURSUANT to Sections 28 and 30 of the Civil Aviation Act 1990
I, Hon Kiri Allan, Associate Minister of Transport,
HEREBY MAKE the following ordinary rules.
1982
THE
SIGNED AT
ACT
This
day of
2023
UNDER
by Hon Kiri Allan
Associate Minister of Transport
INFORMATION
RELEASED
OFFICIAL
Civil Aviation Rules
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
Docket 21 /CAR/2
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
Contents
Rule objective...................................................................................................... 3
Extent of consultation .......................................................................................... 3
Summary of submissions..................................................................................... 3
Examination of submissions ................................................................................ 4
Insertion of Amendments .................................................................................... 4
Effective date of rule ........................................................................................... 4
Availability of rules ............................................................................................. 4
Subpart B — Certification Requirements ............................................................ 5
172.93
Flight information service................................................................. 5
1982
THE
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
2
CAA of NZ
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
Rule objective
The objective of amendment 16 to Part 172 is to update Part 172 to give
full effect to the Part 139 Runway Condition Reporting proposal.
Rule 172.93 is amended to generally require an applicant for the grant of
an air traffic service certificate for an aerodrome control service to
establish procedures promulgating runway surface conditions used in a
runway condition report. There are four types of runway conditions
namely wet runway, dry runway, slippery wet runway and contaminated
runway. A certain runway surface condition (such as dry runway)
establishes the basis for the determination of the runway condition code
for aeroplane performance purposes.
1982
THE
Rule 172.93 is also amended to align the runway condition surface
descriptions with those terms used in the
ICAO Circular 355
ACT
Assessment, Measurement and Reporting of Runway Conditions.
Extent of consultation
A Notice of Proposed Rulemaking NPRM 22-01, containing the
UNDER
proposed Part 139 Runway Condition Reporting proposal was issued for
public consultation under Docket 21/CAR/2 on 29 September 2022.
The NPRM was published on the CAA web site and mailed to identified
stakeholders including representative organisations who were
considered likely to have an interest in the proposal.
INFORMATION
A period of 62 days was allowed for comment on the proposal.
RELEASED
Summary of submissions
Four (4) written submissions were received on the NPRM. No oral
comments were received. A summary of submissions for this NPRM
will be available on the CAA website. These submissions and comments
have been considered and as a result-
OFFICIAL
• paragraph (c) is amended by removing the proposed
requirement for air traffic personnel to ‘visually determine’ a
runway condition, as the responsibility for such a determination
rests with a Part 139 certificated aerodrome operator;
3
CAA of NZ
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
• a new paragraph (ca) is inserted in rule172.93. The new
paragraph specifies that an applicant for an air traffic service
certificate is not required to provide a visual assessment of the
runway condition as part of the procedures referred to in
paragraph (c) unless there is a prior agreement between the
applicant and a Part 139 certificated aerodrome operator; and
• paragraph (d) is amended to clarify when a runway surface
condition description for each runway third is to be made
available, and the specified terms only (without any definition)
as set out in paragraphs (5) to (12). Terms (such as dry frost, dry
snow, compacted snow, frost, ice or slush) which do not have a
1982
special meaning are not defined. Whilst terms (such as standing
THE
water and wet ice) which have a special meaning are defined in
Part 1.
ACT
Examination of submissions
Submissions may be examined by application to the Docket Clerk at the
Civil Aviation Authority between 8:30 am and 4:30 pm on weekdays,
UNDER
except statutory holidays.
Insertion of Amendments
The amendment to the rules in this Part is reflected by revoking and
replacing rule 172.93.
Effective date of rule INFORMATION
Amendment 16 to Part 172 comes into force on 30 November 2023
RELEASED
Availability of rules
Civil Aviation Rules are available from–
CAA web site: http://www.caa.govt.nz/
Freephone: 0800 GET RULES (0800 438 785)
OFFICIAL
4
CAA of NZ
Part 172, Amendment 16
Air Traf ic Service Organisations - Certification
Part 172 Air Traffic Service Organisations
Certification
Subpart B — Certification Requirements
Rule 172.93 is revoked and replaced with the following rule:
172.93 Flight information service
General
1982
(a) An applicant for the grant of an air traffic service certificate must
establish procedures for ensuring that a flight information service is
THE
provided to the following —
ACT
(1) each aircraft being provided with an ATC service that is likely
to be affected by the information in paragraph (b):
(2) each aircraft being provided with an aerodrome flight
UNDER
information service that is likely to be affected by the
information in paragraph (b):
(3) each aircraft operating IFR that is likely to be affected by the
information in paragraph (b):
(4) any aircraft operating VFR for which the pilot has submitted
INFORMATION
a VFR flight plan to an ATS unit:
RELEASED
(5) any aircraft operating VFR if the pilot makes a specific request
to an ATS unit for flight information.
(b) The applicant must ensure that the procedures required by
paragraph (a) for the provision of the flight information service includes
the provision of available and relevant —
OFFICIAL
(1) SIGMET information;
(2) information on weather conditions reported or forecast at
departure, destination, and alternate aerodromes;
5
CAA of NZ
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
(3) information concerning pre-eruption volcanic activity,
volcanic eruptions, and volcanic ash clouds;
(4) information concerning the release into the atmosphere of
radioactive materials or toxic chemicals;
(5) information on changes in the serviceability of navigation
aids;
(6) information on changes in the condition of aerodromes and
associated facilities, including information on the state of the
aerodrome movement areas when they are affected by snow,
1982
ice, or water;
THE
(7) information on unmanned free balloons; and ACT
(8) other information likely to affect safety.
(c) Subject to paragraph (ca), an applicant for the grant of an air traffic
service certificate for an aerodrome control service must establish
UNDER
procedures for the air traffic service personnel to promulgate one of the
following runway surface conditions used in the runway condition report
which establishes the basis for the determination of the runway condition
code for aeroplane performance purposes —
(1) dry runway; INFORMATION
(2) wet runway;
RELEASED
(3) slippery wet runway; or
(4) contaminated runway.
(ca) An applicant for the grant of an air traffic service certificate for an
aerodrome control service is not required to visually determine the
OFFICIAL
runway surface condition as part of the procedures referred to in
paragraph (c), unless the applicant has an agreement with a holder of an
aerodrome operator certificate referred to in rule 139.107(b) that the
applicant is to provide runway condition reports on behalf of the
aerodrome operator, in the manner specified in paragraph (c).
6
CAA of NZ
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
(d) After receiving advice regarding a contaminated runway or
standing water from a holder of an aerodrome operator certificate, the
applicant referred to in paragraph (c) must ensure that a runway surface
condition description for each runway third is made available using one
of the following terms specified in paragraphs (5) to (12) —
(1) reserved;
(2) reserved;
(3) reserved;
1982
(4) reserved;
THE
(5) dry snow;
ACT
(6) compacted snow;
(7) frost;
UNDER
(8) ice;
(9) slush;
(10) standing water;
(11) wet ice; or INFORMATION
(12) wet snow.
RELEASED
(e)
An applicant for the grant of an air traffic service certificate for an
aerodrome control service, approach control service, or aerodrome flight
information service must establish procedures for ensuring that, if
practical, local aircraft operators likely to be affected by the information
are advised of short-notice changes to published hours of service if they
OFFICIAL
are unlikely to have the information from any other source.
7
CAA of NZ
Part 172, Amendment 16
Air Traffic Service Organisations - Certification
Traffic Information
(f)
An applicant for the grant of an air traffic service certificate for an
air traffic control service must establish procedures for ensuring that
essential traffic information is passed to all affected traffic.
(g)
An applicant for the grant of an air traffic service certificate must
establish procedures for ensuring that each ATS unit operating under that
certificate provides traffic information to flights that are known to the
ATS unit and are likely to be affected by the information as follows —
(1) in class C airspace, between VFR flights, together with traffic
1982
avoidance advice on request:
THE
(2) in class D airspace, between IFR and VFR flights, and
between VFR flights, together with traffic avoidance advice
ACT
on request:
(3) if practical, in class E airspace, between IFR and VFR flights,
and between VFR flights on request:
UNDER
(4) in class G airspace, between IFR flights, and, if practical,
between other flights on request.
INFORMATION
RELEASED
OFFICIAL
8
CAA of NZ
IN CONFIDENCE
Document 4
20 April 2023
OC230065
Hon Kiritapu Allan
Action required by:
Associate Minister of Transport
Monday, 24 April 2023
SEEKING APPROVAL TO CONSULT ON PROPOSED CHANGES TO
PARKING REGULATION AND TOWAGE AND STORAGE FEES
Purpose
1982
Provides you with a draft Cabinet paper (and associated documents) seeking approval to
THE
consult on proposals to amend parking regulation and towage and storage fees.
ACT
Key points
•
Parking and towage and storage regulation support the delivery of a safe, fair, and
efficient transport system. These regulatory levers also play crucial roles in the
achievement of other key Government priorities. For example, the effective
UNDER
management of on-street parking is an essential component in response to urban
intensification and the achievement of emissions reductions targets. Similarly, changes
to regulated towage and storage fees are crucial to the delivery of proposals to address
fleeing drivers.
•
Following Hon Michael Wood, Minister of Transport’s direction in October 2022
(OC220775 refers), we have drafted the attached Cabinet Paper (Appendix One)
seeking approval to consult on proposed changes to both parking regulation and
INFORMATION
towage and storage fees. The consultation document, draft regulatory impact statement
(RIS), and draft Land Transport (Road User) Amendment Rule are attached at
RELEASED
Appendix Two, Three, and Four respectively.
•
The proposed changes to parking regulation and the towage and storage proposals
have been combined into a single package for consultation. However, if preferable, the
proposals could be progressed separately on different timelines.
•
We are seeking your agreement to consult
your Ministerial colleagues over the period
OFFICIAL
of 24 April – 5 May 2023 on the proposed changes. We are also seeking your approval
to lodge the attached Cabinet paper for you to take, along with the consultation
materials, to the Cabinet Economic Development Committee on 17 May 2023.
•
A six week period of public consultation is currently planned for 29 May – 7 July 2023,
following Cabinet agreement to consult. Consultation will provide us with the
opportunity to better understand the impacts of the current regulatory status, as well as
the potential impacts that the proposed changes could have on particular groups.
IN CONFIDENCE
Page
1 of
11
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•
If you do not wish to proceed with all of the proposals for consultation, we recommend
proceeding with consultation solely on proposed changes to parking requirements in
the Land Transport (Road User) Rule 2004 (the Rule). The proposed amendments to
the Rule are minor and seek to clarify parking requirements; there are no proposals to
amend penalties. As such, you can proceed with these proposals without Cabinet
agreement, and we can start consultation from 8 May 2023.
•
We will report back to you on the outcome of consultation in July 2023, seeking your
agreement on next steps.
Recommendations
We recommend you:
1
indicate whether you would like to discuss the proposed changes with officials
Yes / No
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2
agree to consult
your Ministerial colleagues over the period of 24 April – 5 May 2023
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on the proposed changes.
Yes / No
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3
provide feedback, if any, on the consultation documents by 9 May 2023
Yes / No
4
agree to take the attached Cabinet paper and consultation package to the Cabinet
Economic Development Committee (DEV) on 17 May 2023 seeking Cabinet
approval to consult for six weeks from 29 May – 7 July 2023 on proposed changes
to:
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• parking penalty levels
Yes / No
• clarify the use of publicly provided evidence for parking enforcement
Yes / No
• towage and storage regulated fee levels
Yes / No
• implement a regular cycle of review for parking penalties and towage and
storage fees.
Yes / No
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5
agree to proceed with public consultation on proposed changes to parking
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requirements amendments in the Land Transport (Road User) Rule 2004
Yes / No
Megan Moffet
Hon Kiritapu Allan
Manager Regulatory Policy
Associate Minister of Transport
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20 / 04 / 2023
..... / ...... / ......
Minister’s office to complete:
Approved
Declined
Seen by Minister
Not seen by Minister
Overtaken by events
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SEEKING APPROVAL TO CONSULT ON PROPOSED CHANGES TO
PARKING REGULATION AND TOWAGE AND STORAGE FEES
In 2021, we undertook an assessment of the parking system’s performance
1
In October 2021, we updated Minister Wood on the completion of our initial assessment
of the performance of New Zealand’s parking regulatory system (OC210623 refers).
2
This assessment found that parking penalty levels and towage and storage regulated
fees have not been updated since 1999, over which time their value has decreased
due to inflation (OC210623 refers). As a result, parking penalty levels are no longer
proportionate to the impacts of parking offences and are not effectively deterring people
from committing offences. Similarly, towage and storage fees are no longer effectively
covering operating costs, leading to difficulties sourcing operators willing to tow illegally
parked vehicles and to store vehicles that have been impounded by Police. 1982
3
We have progressed two workstreams as a result of this assessment: one to review
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parking penalty levels and offences, and another to review regulated towage and
storage fees (for both Road Controlling Authorities (RCAs) and Police-ordered towage
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and impoundment). This will be followed at a later date by a larger-scale review of the
towage and storage regulatory system.
In late 2022, we sought Minister Wood’s agreement to draft a joint consultation
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package on proposed changes to both parking regulation and towage and
storage fees
As part of proposed changes to parking regulation, Minister Wood agreed we should draft
amendments to parking requirements in the Land Transport (Road User) Rule 2004
4
In August, Minister Wood agreed we should issue drafting instructions to the
Parliamentary Council Office (PCO) to draft several minor regulatory stewardship
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amendments to parking requirements set out in the Land Transport (Road User) Rule
2004 (OC220643 refers).
RELEASED
5
We have now finalised the draft Land Transport (Road User) Amendment Rule (the
draft Amendment Rule) which will form part of the consultation package on changes to
parking requirements. The draft Amendment Rule is included in Appendix Four.
Minister Wood also agreed we should prepare a joint consultation package covering proposed
changes to both parking regulation and towage and storage fees
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6
In October 2022, Minister Wood agreed that we should draft a consultation document
on proposed changes to various aspects of parking regulation (including penalties,
requirements, and the use of publicly provided evidence for enforcement) and towage
and storage regulated fees (OC220775 refers).
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Local Government Road Controlling Authorities use parking regulatory tools to
ensure the transport system functions fairly, efficiently, and effectively
7
Many parking requirements are designed to make sure the transport system can
operate efficiently, for example, to keep loading zones clear, and to encourage parking
turnover so more people can access the places they need to go.
8
Parking requirements also enable more equitable access, for example, by providing
clear access to mobility parking for those who need it.
9
Other parking requirements are also intended to improve safety for all transport users,
for example, by protecting safe access to footpaths and cycleways for pedestrians and
cyclists, or by making sure people do not park in places where they could inhibit the
visibility of oncoming traffic.
RCAs use parking penalties to encourage people to comply with these parking requirements
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10
If someone commits a parking offence, RCAs issue infringement notices (commonly
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referred to as parking tickets) which set out the financial penalty (or the cost of the
ticket). The financial penalty is designed to deter people from breaching parking
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requirements in the first place and sends a signal about the significance of the impacts
of the offence.
RCAs and Police rely on towage and storage operators to keep our roads safe
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and free from obstruction
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Towage and storage operators play an essential role in traffic enforcement to keep our
roads safe and accessible. If the Police want to impound a vehicle or remove an
abandoned vehicle, they rely on towage and storage operators being willing to come
and collect and store these vehicles for the impoundment period.
12
This keeps roads clear of obstruction and ensures people who have had their vehicles
impounded for unsafe driving behaviour cannot gain access to their vehicle until the
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impoundment period has lapsed.
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13
Many RCAs also work with tow operators to remove vehicles that are obstructing the
flow of traffic or posing a safety risk to other transport users, and the fee for towage is
charged to the vehicle’s registered person.
Effective parking and towage and storage regulation contributes to several key
Government priorities
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14
Both national and local government priorities require RCAs to actively manage road
space. From a central government perspective, the transition to a low-emissions
economy depends on actions taken at a local level. Many local councils are developing
their parking strategies around the need to reduce emissions, support new placemaking
and urban development initiatives, and to deliver efficient transport options for a
growing population.
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Emissions reductions
15
One of the key actions for transport in the Emissions Reductions Plan is to reduce
reliance on cars by supporting people to walk, cycle, and use public transport.
16
To achieve this, RCAs need to be able to use parking charges to encourage mode shift
and effective parking financial penalties to keep footpaths, cycleways, and bus lanes
safe, efficient, and easy to access. RCAs also rely on tow operators to remove
incorrectly parked vehicles from these areas.
Urban development
17
Placemaking and urban development projects designed to prioritise active and low-
emissions modes and increase urban density can result in increased pressures on on-
street parking.
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18
Effective parking penalties and towage services will support the fair and efficient
allocation of public space that is in increasingly high demand.
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Responding to fleeing drivers and dangerous driving
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19
An effective towage and storage sector enables Police to respond to dangerous and
unsafe behaviour on roads. The impoundment of vehicles is a crucial enforcement tool,
along with others such as penalties and licencing, to enable Police to ensure public
safety and deter negative behaviour. UNDER
Without regular updates, the parking regulatory system cannot support these
priorities…
20
Parking penalty levels have not been updated since 1999, over which time inflation has
eroded their value. As a consequence, they are no longer an effective deterrent and
are not proportionate to the impacts created by parking offences.
INFORMATION
21
Because of these low penalty levels, people are choosing to commit parking offences
and risk getting a ticket instead of complying with parking requirements.
RELEASED
22
The public is becoming increasingly aware of this lack of financial incentive. We have
noted posts on social media platforms and newspaper articles about the fact that it
frequently costs more to pay for parking than it does if you choose not to comply.
23
Individuals have written to the Ministry as well as to Minister Wood in his capacity as
Minister of Transport calling for changes to parking penalty levels to improve parking
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compliance. Early engagement with groups including the Cycling Action Network,
Living Streets Aotearoa, and CCS Disability Action has also highlighted the realities of
the safety and accessibility impacts parking offences can have.
…and towage and storage fees are becoming increasingly unsustainable
24
This legislation has also not been updated since 1999, meaning storage and mileage
fees have not been adjusted to account for inflation and increased operating costs
(including increases in fuel prices).
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25
This has negative implications for:
25.1 safety – due to a shortage of operators willing to tow and store impounded
vehicles
25.2 credibility of enforcement – where police and RCAs cannot effectively tow and
impound vehicles
25.3 unsustainable workarounds – where RCAs are using funding to subsidise towing
costs or no longer towing vehicles due to an inability to recover costs, and where
some operators are using revenue from other sources to be able to continue
providing services for police impounds.
26
s 9(2)(g)(i)
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The attached consultation document includes proposed changes to parking and
towage and storage regulation…
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Parking Requirements
27
Four parking requirements in the Land Transport (Road User) Rule 2004 have been
identified as being unclearly or inconsistently worded, as well as being difficult to
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enforce. The proposed changes will improve clarity and consistency in the legislation,
to make these parking requirements easy to understand and enforce.
28
Please see Part 1 of the attached consultation document for details of the proposed
changes (Appendix Two).
Parking Penalties
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29
Minister Wood recently approved the public release of the Effective Financial Penalties
Framework and Tool (the Framework and Tool) which provides a step-by-step process
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for developing penalty levels that are consistent, proportionate, and an effective
deterrent (OC210982 refers). We have used the Framework and Tool to develop the
proposed penalty levels in the consultation document.
30
These proposals are intended to ensure penalty levels are fair and proportionate to the
impacts of the offence and are effective in deterring people from committing parking
offences.
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31
Please see Part 2 of the attached consultation document for details about the proposed
changes (Appendix Two).
Towage and storage regulated fees
32
In late 2022, Minister Wood agreed that we should include proposals to amend towage
and storage fees in our parking consultation package (OC220775 refers).
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33
Proposed changes are intended to improve cost recovery to support the continuation
of vehicle towage and storage services that support the safety and efficiency of the
transport system.
34
Please see Part 4 of the attached consultation document for details about these
proposals (Appendix Two).
Regular cycle of review
35
We have also included a section in the consultation document seeking public feedback
about options to implement a periodic review of parking penalties and towage and
storage fees.
36
This proposal is designed to ensure parking penalty levels and towage and storage
fees do not become outdated again in future.
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37
Please see Part 5 of the attached consultation document for details about this proposal
(Appendix Two).
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…and also includes a proposal to clarify the ability of parking wardens to use
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publicly provided evidence to enforce parking requirements
We have provided Minister Wood with previous advice about the impact of legislative change
38
In June 2021, we provided Minister Wood with advice about the legal status of publicly
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provided evidence for parking enforcement (OC210535 refers).
39
Section 139(6) of the Land Transport Act 1999 states that if a parking warden has
“reason to believe” that a parking offence has been committed, they “may issue an
infringement notice in respect of the alleged offence”. The legislation does not describe
the specific types of evidence that a warden must use, or the considerations they need
to have, when forming their “reason to believe”.
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40
Current legislation allows RCAs to use evidence provided by the public to enforce
parking offences. RCAs have raised concerns that legislative changes would not
RELEASED
change the operational difficulties they face when determining the validity of this kind
of evidence.
We have included a proposal to clarify the legislation in the attached consultation document
41
As requested, we have included a proposal in the attached consultation document to
clarify that RCAs can use evidence provided by the public when forming their “reason
to believe” an offence has been committed.
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42
Please see Part 3 of the attached consultation document for details about this proposal
(Appendix Two).
There are several risks associated with progressing this proposal
s 9(2)(f)(iv), s 9(2)(h)
43
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s 9(2)(f)(iv), s 9(2)(h)
44
45
46
Consultation will provide us will an opportunity to better understand the impacts of this
proposal.
47
Details about this proposal are included in Part 3 of the consultation document.
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Key risks
Negative public and media interest is expected if consultation goes ahead
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48
Proposals to amend parking penalty levels and towage and storage fees are expected
to receive a level of public and/or media interest, given that they would impose greater
costs to the public should they commit a parking offence, when compared to the status
quo.
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49
Officials are preparing a consultation strategy, which includes consideration of
approaches to feedback or media interest that proposals may receive.
There could also be increased dissent and abuse directed at parking enforcement
50
One key risk of consulting on the proposed changes is that it will increase verbal and
physical abuse directed at parking wardens if members of the public are angered by
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the proposed changes.
RELEASED
51
Having said this, RCA parking teams are already experiencing this kind of response
from the public, and are broadly very supportive of the proposed changes, in particular,
to parking penalty levels.
Key risks of not progressing with changes to parking regulation
52
De-prioritisation or termination of this work could exacerbate existing pressure on the
integrity of the parking system. For example, with fewer and fewer people opting to pay
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for their parking, the ability of the system to fairly and efficiently allocate scarce parking
resources will continue to be undermined.
53
This could lead to worsening outcomes for safety, equitable access, economic
prosperity, environmental sustainability, and overall efficiency of the transport system.
Key risks of not progressing with changes to towage and storage
54
Prior advice, which was forwarded to the Minister of Justice’s office (OC221046 refers)
outlines that, given the proposed changes to penalties for failing to stop for Police in
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the draft Road Safety Bill and the increased seizure powers being introduced by the
CAIL Bill, we will see a significant increase in the number of Police-ordered
impoundments. We reasonably expect that this could be up to 16,000 extra 28-day
impoundments (or equivalent) which is a 50-70% increase on the current rate.
55
While the Ministry is working to provide advice on how long-term impoundment could
be implemented, we know that even with the Crown investing in the system, it is likely
to take time for the system to grow sufficiently to undertake the required towage and
storage. Feedback received from industry during the Select Committee process for the
CAIL Bill outlined that there was a strong demand for towage and storage regulated
fees to be reviewed and increased, to alleviate the financial burden that operators are
facing. s 9(2)(g)(i)
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We are seeking your and Cabinet’s agreement to consult publicly on proposed
changes
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We have allowed time for you to consult with your Ministerial colleagues and for us to
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incorporate feedback from other government agencies
56
We are seeking your agreement to consult the general public on the proposals set out
in the consultation document. We will make stylistic and editorial changes to the
consultation document before the document is released for formal consultation.
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57
We have built in two weeks for you to consult with your Ministerial colleagues prior to
seeking Cabinet agreement to consult. We may also receive further comments from
relevant agencies during this period, and any agency or Ministerial feedback will be
included in the revised draft for lodging.
58
The attached draft regulatory impact statement (RIS) is awaiting final review from the
Ministry’s regulatory impact analysis review panel. We will provide a final revised
version of the RIS in time for lodgement.
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59
Two elements of the consultation, the draft parking-related rule amendments and the
RELEASED
proposal in relation to publicly provided evidence, have received regulatory impact
analysis exemptions due to limited impacts.
With your agreement your Office will then lodge the final Cabinet paper in March
60
Following your agreement and Ministerial consultation, you will need to take the final
Cabinet paper and consultation package to the Cabinet Economic Development
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Committee (DEV), scheduled for Wednesday 17 May 2023.
61
You will then need to seek Cabinet confirmation the following Monday, 22 May 2023.
With approval, public consultation will commence for six weeks
62
Public consultation is planned for six weeks starting on 29 May until 7 July 2023.
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63
Along with a consultation document on our website, we intend to meet with a range of
key stakeholders during the consultation period and are currently developing a
communications and engagement strategy to support the consultation approach.
64
We also intend to undertake engagement with Māori groups, such as local Marae, to
better understand the impacts that proposed changes could have on Māori.
Following consultation, we will provide you with a summary of submissions and
finalised proposals for Cabinet’s final policy decisions
65
Following consultation, we will work to summarise the submissions received and collect
views in a summary of submissions document. We will also suggest any amendments
to proposed changes in response to public feedback.
66
We will then provide information to support report back to Cabinet for final policy
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decisions in July 2023.
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All annexes to this briefing are withheld under Section 9(2)(f)(iv)
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Meeting with Debbie Francis and Mahanga Maru: Air Navigation System Review
Phase 2 Report
Key points
•
You are meeting for the first time with Debbie Francis, Chair of the Air Navigation
System Review Panel, who wil present to you the Panel’s final Phase 2 report. A near final
draft of the report is attached to this briefing at
Annex 1.
• Debbie wil be accompanied by Mahanga Maru, Chair of Ngā Rau o te Ao Hou, the Panel’s
Māori reference group. Their biographies are attached at
Annex 2.
• Last month, we provided a progress update on the review, and
you agreed to release the
report once it has been presented to you [OC230170 refers]. Te Manatū Waka Ministry of
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Transport (the Ministry) will arrange for this to be released on our website following final
design work and stakeholder briefings.
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•
The report recommends a system-wide reset to the overarching policy and regulatory,
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institutional and funding settings. In the Panel’s view, the system lacks leadership and
strategic direction in service of system-level (as well as national-level) goals and priorities.
•
Agency and industry stakeholders are fully engaged and supportive of the case for
change and recommendations.
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• The report also notes that
te ao Māori perspectives are absent in the current system
and Māori rights and interests are a fundamental live issue.
•
The Ministry’s initial view is that the report’s recommendations to lift system-wide
performance, capability and accountability, seize the opportunities and resolve long-
standing policy and regulatory challenges
deserve further consideration.
• We will undertake work to provide a government response towards the end of the year, in
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consultation with other government agencies, with a view to
reporting to Cabinet
Ministers. RELEASED
•
Annex 3 provides
talking points for your meeting with Ms Francis and Mr Maru.
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The Panel was established to undertake a review of the Air Navigation System
1
We have previously provided you with background on the Air Navigation System
Review, which has been undertaken by an independent Panel chaired by Debbie
Francis [OC230170 refers].
2
The Panel’s terms of reference included examining a broad scope of the system
components, enablers and authorising environment, with a view to the medium to long-
term horizon and the roles and responsibilities of key agencies and actors within the
system. Technical and operational policy matters were out of scope.
3
Ngā Rau o te Ao Hou (in English, ‘Feathers of the New World’) is a Māori reference
group formed to support the Panel and Secretariat to weave these aspects into the
review, including advice on engagement in good faith with iwi Māori. The members of
Ngā Rau o te Ao Hou do not claim to speak on behalf of iwi, hapū or rūnanga but as
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individuals with expertise in air navigation, aviation and te ao Māori, with a shared
commitment to upholding Te Tiriti for the benefit of all Māori.
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The Panel recommends an urgent reset to future-proof the system settings
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4
The Phase 2 report builds on conclusions from the review’s first phase. The Panel found
that the system is not currently in crisis. It is safe, reliable, efficient and well regarded
by international standards. However, the current settings are not fit for the future.
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5
The Panel highlights that global disruptive forces for change are placing increasing
demands on system agencies and actors to think and behave as a more interconnected
system. These include:
• airspace modernisation and integration of new and emerging technologies, such as
remotely piloted aircraft and advanced air mobility systems;
• advanced cyber technology and security capability requirements in response to
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increasing digitisation and automation;
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• decarbonisation of aviation and adaptation to the impacts of climate change;
• dynamic tensions and shifts in the geopolitical environment; and
• increasing global and regional interoperability.
6
The Panel contends that the system’s role as a critical national infrastructure is
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undervalued. They found that its broader role to deliver a range of economic, social,
environmental and cultural benefits is not well understood.
7
In the Panel’s view, a lack of system thinking and leadership means the system is failing
to keep pace with rapid technological and social change. The risk is loss of system
integrity and performance, security and resilience and benefit realisation. Aotearoa
New Zealand is falling behind comparable jurisdictions, which will affect our ability to
be a fast follower and integrate with other systems.
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The report makes 8 recommendations for the system
8
The Panel has made eight recommendations for the system:
i.
implement a national air navigation system strategy to set priorities and drive action;
ii.
establish an Aviation Council to steer system-wide transformation;
iii.
develop a shared set of system-level performance metrics to hold leaders to
account;
iv.
invest in critical system components to preserve and enhance national security and
resilience;
v.
maintain user-pays for current operations and explore new funding and investment
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streams for R & D and innovation;
vi.
develop robust international partnerships for economies of scale and innovation;
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vii.
engage proactively with iwi Māori to identify Māori rights and interests and
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opportunities for Māori-Crown partnership; and
viii.
build a diverse workforce with the full range of capabilities required for
transformation.
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9
These recommendations are similar to ones shared with Ngā Rau o te Ao Hou and the
stakeholder reference group, except recommendation viii. has been expanded from a
focus on regulatory approach to the need for capability across the workforce. Workforce
issues were a particular focus of the reference group.
The recommendations reflect the perspectives of stakeholders
10
The Panel engaged extensively with key system agencies and industry actors in the
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stakeholder reference group; with Ngā Rau o te Ao Hou from te ao Māori perspectives;
and with a range of international organisations. The Ministry was involved throughout
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the review process, including several stakeholder workshops. In our view, their
feedback is well reflected in the report and has informed the Panel’s recommendations.
11
The sector and aviation industry are supportive of the Panel’s recommendations and
have a strong appetite for change. They are looking for leadership and direction,
strategic thinking and investment, better coordination between agencies, and a more
responsive regulatory system to enable a future-fit system.
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12
The sector has high expectations that agencies will work with them to maintain the
momentum created by the review. They agree with the Panel’s concern that lack of
action now will lead to loss of system performance and benefit delivery in future.
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Introducing te ao Māori perspectives into the system
13
The report reiterates Phase 1’s key finding that te ao Māori values and perspectives
are conspicuously absent from system design and decision-making. Ngā Rau o te Ao
Hou particularly highlights that Māori rights and interests in airspace ownership and
management are a live and fundamentally underexplored issue.
14
The Panel sees ample opportunity to enhance engagement with iwi Māori across the
system to incorporate indigenous rights, interests, perspectives and approaches,
including tikanga and mātauranga Māori.
There will be ongoing work for government and the sector following the formal end of
the review
15
The review formally ends on 30 April 2023.
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16
The Panel will provide pre-release briefings to senior leaders from CAA, Airways, and
the Ministry of Transport on 5 May, Ngā Rau o te Ao Hou on 8 May and the sector
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stakeholder reference group during the week of 22 May. The report will be released
immediately after the sector reference group meeting on the review webpage:
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www.ansr.transport.govt.nz. We will work with your office to prepare talking points in
case you receive media enquiries following the release of the report.
17
The Ministry considers that the Panel’s key findings and recommendations constitute a
sound basis for consideration of a way forward. A national direction for aviation and a
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deliberate, system-wide approach have the potential to improve system performance.
18
The report also provides a basis for coordinated implementation of various related
government work programmes in your portfolios as Associate Minister of Transport and
Minister of Regional Development, including the Civil Aviation Act 2023, Enabling
Drone Integration, Integrated Airspace Trials Programme and the upcoming release of
the Aerospace Strategy. We also note the Panel’s recommendations on greater
emphasis of the system in the review of Civil Defence and Emergency Management
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legislation and designation of critical infrastructure.
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19
We acknowledge the absence of te ao Māori perspectives and consideration of Māori
rights and interests in the current system. We are actively working to build
organisational capability around te ao Māori and enhance iwi Māori engagement,
including through implementation of our Hei Arataki and He Waka Maiangi strategies
and work with the Kāhui advisory group. We will investigate options for ongoing advice
and support from Ngā Rau o te Ao Hou on air navigation and aviation matters.
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20
The Panel’s recommendations together form a comprehensive change programme
with resourcing implications for agencies, namely Te Manatū Waka Ministry of
Transport, the Civil Aviation Authority and Airways. Building agency capacity and
capability – particularly within the CAA as regulator – will require dedicated support and
sustained investment over time to resolve central funding challenges.
21
As the monitoring agency for Airways, Air New Zealand and MetService, the Treasury
has a key role in enabling a future-focussed air navigation system. We note the Panel’s
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observations of the need for a monitoring view that includes – but is not limited to –
narrow lag safety indicators and commercial performance measures.
22
We will coordinate with other agencies and the sector to provide further advice to
Ministers towards the end of the year. This advice would support a formal Government
response to the report, including proposals for whether, how and when the
recommendations should be operationalised.
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Annex 1. Final Air Navigation System Review Phase 2 Report
Note that design work will be completed prior to public release.
Refused under Section 18(d). The report is available here:
https://www.transport.govt.nz/assets/Uploads/Air-Navigation-System-
Review-phase-two-report-May-2023.pdf
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Annex 2. Biographies
Debbie Francis, Chair, Air Navigation System Review Panel
Debbie Francis (Chair) is an independent consultant
specialising in strategy development, organisational culture
and change management.
She was previously head of PwC New Zealand’s
Government and People and Change consulting practices
where she worked with public and private sector clients on
culture and organisational change. She was a lead reviewer
for the State Services Commission and undertook many
performance improvement reviews of public agencies.
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Debbie has undertaken similar reviews in a wide variety of private sector companies, from
small start-ups to large multinationals. Debbie has also spent time in a range of executive
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roles, including as Chief Executive for the New Zealand Correspondence School and a two-
star General equivalent in the New Zealand Defence Force. More recently, Debbie undertook
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a review of culture within New Zealand Police and led an independent review of the culture in
the New Zealand Parliamentary workplace.
Debbie lives on a truffle farm in Waipara, has six children, six grandchildren and three cats.
Her passions are military history, detective novels, fast cars and growing roses.
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Mahanga Maru, Chair, Ngā Rau o te Ao Hou
Mahanga (Ngāti Porou) is the director of Maru Consulting and
the founder of a scenic flight airline, Air Ruatoria.
He has previously held senior executive roles in the public
sector and post-settlement iwi organisations, including roles
as Director and Chair of a primary health organisation and a
INFORMATION
Māori SME business network. He has also led the
development of Māori strategies in several organisations and
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has designed and led successful consultation processes with
iwi.
Training has been part of Mahanga's professional life in one way or another since qualifying in
1990 as a flight instructor whilst a commercial pilot. He spends his time between Te
Whanganui-a-Tara and his home in Ruatoria.
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Annex 3. Talking Points
MEETING WITH DEBBIE FRANCIS AND MAHANGA MARU: AIR
NAVIGATION SYSTEM REVIEW PHASE 2 REPORT
You could acknowledge receipt of the report and thank the Panel and the reference
group for its work
• Thank you for all the hard work you have put in over the course of the review. I
understand that you have engaged actively with stakeholders.
• I have asked the Ministry of Transport to work with industry, stakeholders and other
government agencies in considering a response to your report. I anticipate that officials
will provide advice to Ministers later in the year.
1982
You may wish to ask Ms Francis:
THE
• In your view, how urgent is the case for change?
ACT
• What is the nature and/or scale of investment required for the system reset?
• How prepared are government agencies and the sector to deal with the risks of
disruption to the aviation sector described by the Panel?
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• The report refers to lack of direction and leadership. In your view, what are the one or
two things that will change that? What are the priority actions?
You may wish to ask Mr Maru:
• In your view, what are Māori rights and interests in the system now? What could they
be in future?
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• What is your experience of the air navigation sector’s ability and wil ingness to engage
with te ao Māori? What effect does this have?
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Document Outline
