Mutual Recognition of Aviation-Related Certification with Australia
On Friday 30 March 2007, diplomatic notes were exchanged between the New Zealand and Australian governments advising the other country that the necessary legislative requirements and supporting arrangements were in place, and accordingly mutual recognition of aviation certification came into effect in both countries.
Mutual recognition stems from commitments entered into by the Australian and New Zealand governments in the context of the air services arrangements between the two countries of 1996, carried over into the arrangements of 2000 and 2002.
The commitment regarding mutual recognition is now contained in the Arrangement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification signed in Wellington on 13 February 2007.
It relies upon the acceptance of each country's safety regulatory system as delivering equivalent safety outcomes, even though there are some individual differences in safety standards.
The regime will permit an airline eligible under the 2002 Air Services Agreement to carry out an aviation activity within both Australia and New Zealand, and between the countries if desired, based on an Air Operator's Certificate (AOC) issued by the aviation safety regulator of the 'home' country - either the Civil Aviation Safety Authority (Australia) or the Civil Aviation Authority (New Zealand). The first aviation-related safety certificates to be mutually recognised will be AOCs covering aircraft with more than 30 seats, or more than 15,000kg MCTOW. Acceptance of AOCs for air transport services by smaller aircraft will follow, subject to determination of the equivalence of the respective safety regimes.
Further extension to other aviation-related certification not covered by other mutual recognition arrangements such as the Trans-Tasman Mutual Recognition Arrangement is anticipated, but requires the prior agreement of the two governments.
Amending legislation to provide for the implementation of mutual recognition by New Zealand was passed in 2004. Part 1A of the Civil Aviation Act 1990 and consequential changes to Civil Aviation Rules were brought into force on 30 March 2007 by Order-in-Council. Corresponding legislation was passed in the Australian Parliament in September 2006 and was proclaimed on 30 March 2007.
Implementation of the mutual recognition regime is supported by an Operational Arrangement between the Civil Aviation Authority of New Zealand and the Civil Aviation Safety Authority of Australia.
Holders of Australian AOCs
To conduct operations to, from, or within New Zealand, you must comply with s 11B of the Civil Aviation Act 1990. That means you must provide the Director of Civil Aviation with:
- a copy of your Australian AOC with ANZA privileges;
- the details of all conditions imposed by CASA in relation to your AOC;
- your Australian business address, telephone and fax numbers, and email address;
- your New Zealand business address or address for service, telephone and fax numbers, and email address;
- any other prescribed information; and
- your consent, in writing, to allow the Director to make inquiries to and exchange information with CASA regarding your civil aviation activities.
Holders of New Zealand AOCs
The Director must follow the instructions of s 11F of the Civil Aviation Act 1990 and s 11G of the Civil Aviation Act 1990 when determining whether or not to grant an AOC with ANZA privileges. Additionally, holders of New Zealand AOCs with ANZA privileges must comply with all conditions in 11G, especially ss 11G(2) and 11(G)(4).
For additional information on ANZA privileges, please contact Mark Hughes of the Airlines Unit.