Return to main section for Part 139
The following new rule is inserted after rule 139.19:
(a) A transport instrument may be made for the purposes of this Part, subject to any requirements specified in a rule referring to the instrument.
(b) In accordance with section 431 of the Act a transport instrument made for the purposes of this Part may be made by the Director.
(c) Before making a transport instrument the Director must have regard to any relevant standards, guidance and practice.
(d) The transport instrument must specify dates for compliance.
(e) The Director may amend or replace a transport instrument when necessary.
(f) A transport instrument is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Rule 139.51 is revoked and replaced by the following rule:
(a) An applicant for the grant of an aerodrome operator certificate must ensure that the physical characteristics of the aerodrome, the obstacle limitation surfaces, the visual aids for navigation and for denoting obstacles and restricted areas, and the equipment and installations for the aerodrome are commensurate with –
(1) the characteristics of the aircraft that the aerodrome is intended to serve; and
(2) the lowest meteorological minima intended for each runway; and
(3) the ambient light conditions intended for the operation of aircraft on each runway.
(b) An applicant for the grant of an aerodrome operator certificate must ensure that a RESA that complies with the physical characteristics prescribed in Appendix A.1 is provided at each end of a runway at the aerodrome if –
(1) the runway is used for regular services operating to or from New Zealand; or air transport
(2) the aerodrome operator certificate is first issued after 12 October 2006 and the runway is used for regular air transport services by aeroplanes that have a seating configuration of more than 30 seats excluding any required crew member seat; or
(3) the runway is commissioned after 12 October 2006 to be used for regular air transport services by aeroplanes that have a seating configuration of more than 30 seats excluding any required crew member seat; or
(4) the runway is used for regular air transport services by aeroplanes that have a seating configuration of more than 30 seats excluding any required crew member seat and –
(i) either the landing distance available or the length of the runway strip is extended to a distance or length that is more than 15 metres greater than the respective distance or length that was published for the runway immediately before 12 October 2006; or
(ii) the runway is upgraded to an instrument runway after 12 October 2006.
(ba) RESA lengths specified in Appendix A.1 may be reduced if an applicant for the grant of an aerodrome operator certificate installs an arresting system in accordance with the design specifications and requirements specified in a transport instrument which may be identified as CATI 139.51.
(c) The RESA provided at the aerodrome (including an arresting system if applicable) must be acceptable to the Director.
(d) An applicant for the grant of an aerodrome operator certificate must ensure that the physical characteristics, obstacle limitation surfaces, visual aids, equipment and installations, provided at the aerodrome are–
(1) compliant with –
(i) Appendices C, D, F, G, and H; and
(ii) Appendices E.1, E.2, E.3 and E.4; and
(e) Paragraph (d) applies only to areas on an aerodrome that are used by 1 or more aeroplanes –
(1) engaged in regular air transport operations where –
(i) the aeroplane’s point of take-off that immediately precedes the aeroplane landing at the aerodrome, is an aerodrome outside New Zealand; or
(ii) the aeroplane’s point of landing that immediately follows the aeroplane taking off from the aerodrome, is an aerodrome outside New Zealand:
(2) having a certificated seating capacity of more than 30 passengers that are engaged in regular air transport operations for the carriage of passengers.
Rule 139.103 is revoked and replaced by the following rule:
(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 –
(1) provide for the surface of paved manoeuvring areas to be kept clear of any loose objects or debris that might endanger aircraft operations; and
(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
(2a) provide for an arresting system to be maintained, if applicable, as specified in a transport instrument which may be identified as CATI 139.51; and
(3) provide for an assessment of runway condition and provision of runway condition report as specified in rule 139.107.
Rule 139.107 is revoked and replaced by the following rule:
(a) A holder of an aerodrome operator certificate must ensure that the assessment of the runway condition and the provision of a runway condition report –
(1) is in accordance with –
(i) chapter 4 of 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;
(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 –
(i) when there is a change in the conditions since the last report was made; and
(ii) immediately before an aircraft takes off or lands at the aerodrome; and
(3) is issued in a timely manner to operators.
(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 the aircraft takes off or lands at the aerodrome; and
(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.
(d) For the purposes of paragraph (b)(2)(i), a change in the conditions includes –
(1) when the runway conditions have changed significantly due to meteorological conditions but excluding a change from dry to wet runway, or wet to dry runway; or
(2) following a report of poor braking action and further assessment of runway condition resulting in different runway condition codes.
The heading of rule 139.131 is revoked and replaced by the following heading:
Rule 139.203 is revoked and replaced by the following rule:
Barrier requirements
(a) A holder of an aerodrome operator certificate issued for a tier 1 security designated aerodrome must, in addition to complying with the requirements in rule 139.69 (Public Protection), provide safeguards to prevent inadvertent unauthorised access and to deter intentional unauthorised access, to any airside security area or security enhanced area within the aerodrome.
(b) The safeguards required by paragraph (a) must –
(1) consist of fences, gates, doors and other barriers between public and airside security areas or security enhanced areas with adequate locking or control systems; and
(2) ensure control of any duct, drain or tunnel giving access to any airside security area or security enhanced area.
(c) The construction and height of each barrier required by paragraph (b)(1) must, considering the surrounding topography, provide an effective measure against penetration of any airside security area or security enhanced area and must in no case be less than 2440 millimetres in height.
Other requirements
(d) The holder of an aerodrome operator certificate issued for a tier 1 security designated aerodrome must –
(1) designate an isolated aircraft parking position at the aerodrome for the parking of an aircraft that is known or believed to be the subject of unlawful interference, or which for other security reasons needs isolation from normal aerodrome activities; and
(2) provide and maintain lighting, and emergency lighting in the event of failure of the normal lighting system, on any parking areas at the aerodrome used at night by aeroplanes having a certified seating capacity of 30 or more passengers that are engaged in air transport operations for the carriage of passengers; and
(3) provide lighting, or have portable lighting available within 30 minutes, on any designated isolated aircraft parking area at the aerodrome intended to be used at night; and
(4) provide (see paragraph (d) in the definition of 'space requirement' in section 218 of the Act) the following areas at the aerodrome for the searching of passengers, crew and baggage:
(i) screening points for the searching of international passengers, crew, and baggage, before aircraft boarding:
(ii) sterile areas where international passengers and crew subject to searching are prevented from having access to unauthorised articles or contact with unsearched persons:
(iii) areas for the separation of arriving passengers and crew from departing passengers and crew during international deplaning to prevent arriving, transit, and transfer passengers and crew having contact with any person who has been subject to searching; and
(4A) when considered necessary by the Minister or the Director, provide (see paragraph (d) in the definition of 'space requirement' in section 218 of the Act) screening points at the aerodrome for the searching of persons, items, substances, and vehicles entering and within security enhanced areas; and
(5) when considered necessary by the Minister, or the Director in any case to respond to a security threat, provide (see paragraph (d) in the definition of 'space requirement' in section 218 of the Act) screening points at the aerodrome of the kind required by paragraph (d)(4) (for the searching of international passengers, crew and their baggage) for the searching of domestic passengers, crew and their baggage; and
(6) ensure that concession areas at the aerodrome that are situated in an area accessible to searched passengers are designed in such a way that they provide access control measures sufficient to prevent delivery to any searched person of–
(i) any firearm; or
(ii) any other dangerous or offensive weapon or instrument of any kind; or
(iii) any ammunition; or
(iv) any explosive substance or device, or any injurious substance or device of any kind that could be used to endanger the safety of an aircraft or of the persons in an aircraft; and
(7) design all areas required by paragraphs (d)(4), (d)(4A), (d)(5), and (d)(6) in such a way that they provide access control measures sufficient to prevent any unauthorised persons from entering the area; and
(8) establish a security training programme and procedures for ensuring that every person who is employed, engaged, or contracted by the certificate holder has the appropriate level of security awareness applicable to the person’s function; and
(9) establish procedures for identifying, reporting to the Director, and dealing with, breaches of and deficiencies in, any security procedures established by the holder and any enactment relating to security at the aerodrome; and
(10) make provision for the security of services including, but not limited to, energy supplies, communications, sewerage and water supplies, in order to minimise the risk of such services being used to interfere unlawfully with aviation operations; and
(11) when so required by the Director, affix signs at the perimeter of airside security areas or security enhanced areas within the aerodrome; and
(12) establish procedures for ensuring that –
(i) unauthorised vehicles do not enter airside security areas or security enhanced areas; and
(ii) unauthorised vehicles, or vehicles that appear suspicious, that are found within an airside security area or security enhanced area are appropriately dealt with.
(e) The training programme required by paragraph (d)(8) must include–
(1) applicable segments for initial training and recurrent training; and
(2) knowledge testing or competency assessment as appropriate for the training conducted.
(f) The holder of an aerodrome operator certificate must ensure that each segment required by paragraph (e)(1) –
(1) includes a syllabus that is acceptable to the Director; and
(2) is conducted in a structured and coordinated manner by a person authorised by the certificate holder.
(g) The holder of an aerodrome operator certificate must ensure that every person who is required to be trained under paragraph (d)(8) undertakes the recurrent training segment of the training programme at an interval of not more than 3 years.
The heading of rule 139.209 is revoked and replaced by the following heading:
The heading of rule 139.351 is revoked and replaced by the following heading:
The heading of rule 139.353 is revoked and replaced by the following heading:
The heading of rule 139.355 is revoked and replaced by the following heading:
Paragraph (a) of Appendix A.1 is revoked and replaced by the following paragraph:
(a) A RESA must extend from the end of the runway strip –
(1) to at least 90 metres; or
(2) if practicable –
(i) for a runway that has a code number 3 or 4 to at least 240 metres; or
(ii) for an instrument runway that has a code number 1 or 2 to at least 120 metres.
The following new paragraphs are inserted after paragraph (a):
(ab) Despite paragraph (a), if a RESA is required for a non-instrument runway that has a code number 1 or 2, the RESA must extend if practicable from the end of the runway strip to at least 30 metres.
(ad) Factors which may be relevant to the practicability of a particular RESA length may include but are not limited to –
(1) any physical or other difficulties that may affect or constrain the proposal or site;
(2) whether and if so at what expected cost such difficulties may be overcome;
(3) whether the costs are proportionate to the benefits a holder of an aerodrome operator certificate may expect from any development of which the RESA forms part;
(4) the results of a cost benefit analysis; and
(5) the results of an aeronautical study.
