Cape Town Convention – Protocol Specific to Aircraft Equipment

Introduction

New Zealand is a signatory to the Convention on International Interests in Mobile Equipment and Protocol Thereto on Matters Specific to Aircraft Equipment, also known as the Cape Town Convention (“Cape Town”).  Cape Town’s main goal is to stabilise the rights and interests of lenders and lessors of aircraft equipment, which includes but is not limited to aircraft, aircraft engines and airframes, across national boundaries.

Cape Town allows lenders and lessors to register an Irrevocable De-registration and Export Request Authorisation (“IDERA”).  An IDERA is a creditor’s remedy in case of default by the lessee.  An IDERA must be recorded with the registry authority – the Civil Aviation Authority of New Zealand for all New Zealand registered aircraft.

Does My Aircraft Qualify Under Cape Town?

Only the following aircraft and aircraft equipment are covered by the Cape Town Convention:
  1. aircraft engines powered by jet propulsion or turbine or piston technology and
    1. in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent
    2. in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent
    together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto
  2. airframes means airframes that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport:
    1. at least 8 persons including crew; or
    2. goods in excess of 2750 kilograms
    together with installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto
  3. helicopters means heavier-than-air machines supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport:
    1. at least 5 persons including crew; or
    2. goods in excess of 450 kilograms
    together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto

How to Record an IDERA

To record an IDERA a lender or lessor must correctly complete and submit the IDERA forms (24047/09 and 24047/09A) and fee. Once the CAA receives the completed IDERA forms, we will record and acknowledge receipt of the IDERA within 5 business days.

Authorised Party or Certified Designee

Only one party may enforce an IDERA (“authorised party”). Either the lessor or its certified designee may be the authorised party.  If a certified designee will have the power to exercise the IDERA, a certified designee confirmation letter must be included with the certified designee completed as the authorised party on the IDERA form (24047/09A).

How to Remove an IDERA

An IDERA may be removed only with the written consent of the authorised party using the revocation form (24047/10). The CAA will act on the removal request and send a confirmation letter to the submitter.  At this point the aircraft can be deregistered or the possession of the aircraft can change.

How to Deregister an Aircraft

To deregister an aircraft under an IDERA, the authorised party must submit a deregistration form (24047/05). The CAA will act on the deregistration request and send a confirmation letter to the submitter.  At this point, the aircraft is no longer on the New Zealand register and it does not possess an airworthiness certificate.  Before the aircraft may be flown out of New Zealand, the aircraft must be registered and have an airworthiness certificate issued by an authorised registry authority.  The registry authority does not need to be the New Zealand CAA.

IDERA registration requests and questions should be emailed to the Aircraft Registration Clerk.

The CAA will acknowledge receipt of IDERA applications, registrations and revocations.

Please see the IDERA chart to see a visual presentation of the IDERA registration, removal and deregistration processes.