時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Section 30(e): added, on 13 August 1996, by section 13 of the Civil Aviation Amendment Act 1996 (1996 No 91). 31 Power of Director to make emergency rules (1) Subject to subsection (2), the Director may from time to time, in accordance with section 35, make such emergency rules as may be necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property. (2) The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned. (3) The Minister may revoke any emergency rule made under subsection (1), and the revocation shall be notified as if it were an emergency rule. (4) An emergency rule is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. Section 31(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 32 Procedures relating to rules (1) Every ordinary rule shall— (a) be signed by the Minister; and (b) contain a statement specifying the objective of the rule and the extent of any consultation under section 34; and (c) set out fully the requirements of the rule, except where certain information is, under section 36, incorporated in the rule by reference. (2) Every emergency rule shall— (a) be signed by the Director; and (b) contain a statement specifying the objective of the rule and the extent of the consultation under section 35 that took place before the making of the rule; and (c) set out fully the requirements of the rule, except where certain information is, under section 36, incorporated in the rule by reference. Section 32(1)(c): substituted, on 1 June 2004, by section 18(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 32(2)(c): substituted, on 1 June 2004, by section 18(2) of the Civil Aviation Amendment Act 2004 (2004 No 8). 33 Matters to be taken into account in making rules (1) The ordinary rules made by the Minister and the emergency rules made by the Director shall not be inconsistent with the following: (a) the standards of ICAO relating to aviation safety and security, to the extent adopted by New Zealand: (b) New Zealand’s international obligations relating to aviation safety and security. (2) In making, or recommending the making of, a rule the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following: (a) the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by New Zealand: (b) the level of risk existing to aviation safety in each proposed activity or service: (c) the nature of the particular activity or service for which the rule is being established: (d) the level of risk existing to aviation safety and security in New Zealand in general: (e) the need to maintain and improve aviation safety and security, including (but not limited to) personal security: (f) whether the proposed rule— (i) assists economic development: (ii) improves access and mobility: (iii) protects and promotes public health: (iv) ensures environmental sustainability: (fa) the costs of implementing measures for which the rule is being proposed: (g) the international circumstances in respect of— (i) aviation safety and security; and (ii) mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: (h) such other matters as the Minister or the Director considers appropriate in the circumstances. Section 33(2): amended, on 1 August 2010, by section 6 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 33(2)(e): substituted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 33(2)(f): substituted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 33(2)(fa): inserted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 33(2)(g): substituted, on 30 March 2007, by section 19 of the Civil Aviation Amendment Act 2004 (2004 No 8). 34 Procedure for making ordinary rules (1) Before making any ordinary rule, the Minister must, as the Minister in each case considers appropriate,— (a) publish a notice of his or her intention to make the rule; and (b) consult— (i) the persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies; and (ii) the Environmental Protection Authority, established by section 7 of the Environmental Protection Authority Act 2011, about the contents of any rules that relate to the transportation of hazardous substances as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996. (2) Subject to subsection (3), every ordinary rule shall be notified in the Gazette and be made available by the Authority for purchase by members of the public at a reasonable price, and the notification shall specify a place where the rule is available for inspection free of charge and for purchase. (3) Where for reasons of security it is inappropriate to notify a rule under subsection (2), the Minister shall notify such persons as he or she considers appropriate or necessary in the circumstances and service of notification may be effected in such other manner as the Minister considers appropriate or necessary in the circumstances, and the rule shall apply only to each person so notified (with effect from service of the rule on the person). (4) [Repealed] Section 34(1): substituted, on 1 August 2010, by section 7(1) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 34(1)(b)(ii): substituted, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14). Section 34(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 34(3): amended, on 1 August 2010, by section 7(2) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 34(4): repealed, on 1 August 2010, by section 7(3) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). 34A Governor-General may make ordinary rules (1) Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part. (2) The Minister must have regard to the criteria specified in section 3 3(2) before making a recommendation under subsection (1). (3) Sections 32(1)(a) and 34(1) do not apply to an ordinary rule made by Order in Council under subsection (1). (4) An ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) must be published as part of the rules as if the Minister had made the rule or the amendment to the rule. (5) The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part. (6) An Order in Council made under subsection (1) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the |
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