Pending and Draft Final Rules

Pending rules have been signed by the Minister for Transport Safety and will come into force on the prescribed date. Draft final rules are published to keep the aviation community and other interested parties informed of the proposed rule amendments that have been developed through the CAA rule development process.  The Draft Final Rules are reviewed by the Ministry of Transport before being referred to the Minister for Transport Safety for his consideration and signature.  Although editorial changes may be made to the Draft Final Rule proposals prior to being signed by the Minister, the technical requirements are unlikely to change.

Pending Rules

There are currently no rules pending

Draft Final Rules

NPRM 07-03: Part 21 Certification of Products and Parts. Docket 5/CAR/2

This new Rule proposes to amend Subpart H, Airworthiness Certificates, by expanding the types of special category airworthiness certificates that may be issued under Part 21 to adequately cover the range of vintage, ex-military, and other non-type certificated aircraft that are presently certificated as special category aircraft.  The amendments to Part 91 detail the limitations and prohibitions on the use of special category aircraft.  Amendments to other rule Parts are consequential to the amendments to Parts 21 and 91.

Part 109 - Regulated Air Cargo Agent - Certification

This new Rule proposes a certification process for air cargo agents who handle cargo or mail for carriage on international passenger flights. These regulated air cargo agents will provide a secure processing path for cargo or mail from the shipper to the air operator, and provide a means for air operators to accept cargo or mail for transportation on the understanding that the required security controls have been applied to the consignment by the regulated air cargo agent. Additional rules are also being made for air operators to ensure that cargo and mail carried on international passenger flights are subjected to appropriate security controls.


Part 173 Instrument Flight Procedure Service Organisation - Certification and Operation, and Part 95 Instrument Flight Procedure - Registration.

The objective of this rulemaking proposal is to ensure the design, maintenance, and promulgation of instrument flight procedures intended for use by aircraft operating under instrument flight rules meets or exceeds the International Civil Aviation Organisation standards and recommended practices for instrument flight procedures and to prescribe requirements for instrument flight procedures to be given legal effect for use in New Zealand.

The proposed new rule:
Part 173 - Instrument Flight Procedure Service Organisation—Certification and Operation provides for the regulatory control and monitoring (entry certification and auditing) of organisations that provide services for the design, certification, and maintenance of instrument flight procedures, and who make aeronautical data available for aircraft using instrument flight procedures.

The proposed new rule Part 95 - Instrument Flight Procedures—Registration prescribes rules governing the registration and promulgation of instrument flight procedures for use by aircraft operating under instrument flight rules.

Rule Part 1 - Definitions and Abbreviations & Part 12 - Accidents, Incidents, and Statistics will, as a result of the proposed new rules coming into force, be updated with new definitions and to cover the service provisions in the new rules.

The introduction of the proposed new rule Part 95 will supersede the requirements in
Parts 19: Transition Rules Subpart C which will be revoked

 The following rules will be editorially updated when the proposed new rules come into force:


Part 135 Air Operations - Helicopters and Small Aeroplanes: Terrain Awareness and Warning Systems

The objective of this rulemaking proposal is to amend Part 135 to require holders of air operator certificates conducting air operations under instrument flight rules (IFR) under Part 135 with aeroplanes, to progressively equip those aeroplanes with a terrain awareness and warning system (TAWS) with effect from various dates prescribed in the rule.

The draft final rule has been replaced to include an Addendum to the Summary of Submissions to cover an issue inadvertently omitted from the previously published documents.   The Addendum is highlighted at the end of the Summary of Submissions.

Part 135 Air Operations - Helicopters and Small Aeroplanes