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Subpart A - General
Subpart C - General Flight Rules
Subpart E - Instrument Flight Rules
Subpart F — Instrument and Equipment Requirements
Subpart I — Foreign Registered Aircraft Operations and Operation of New Zealand Registered Aircraft Outside New Zealand
(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).
(a) A person must not act as a crew member while carrying out a specified function necessary for the purpose of an operation, without an air operator certificate, unless—
(1) the specified function is one determined by the Director and specified in a notice under rule 91.227E(a)(1); and
(2) the circumstances under which the specified function is carried out are determined by the Director and specified in a notice under rule 91.227E(a)(2); and
(3) the person complies with all the conditions relating to the specified function as determined by the Director and specified in a notice under rule 91.227E(a)(2).
(b) This rule applies to a person acting as a crew member for the purposes of paragraph (5) of the crew member definition in rule Part 1 Definitions and Abbreviations.
A pilot-in-command of an aircraft operating under IFR, must in the event of an inadvertent departure from the current flight plan—
(1) advise an appropriate ATS unit of—
(i) any deviation from track; and
(ii) any variation of 5% or more of the true airspeed or any variation of 0.02 or more of the Mach number given in the flight plan; and
(iii) a revised ETA when the estimated ETA to the next reporting point notified to the ATS unit is found to be in error by more than two minutes; and
(2) regain track as soon as practicable.
(a) A pilot-in-command of an aircraft within the New Zealand FIR operating under IFR in level cruising flight must, unless otherwise authorised by at ATC unit for flights in controlled airspace, maintain the following altitude or flight levels:
(1) when operating at or below 13 000 feet AMSL and—
(i) on a magnetic track of 270° clockwise to 089°, any odd thousand foot altitude AMSL; or
(ii) on a magnetic track of 090° clockwise to 269°, any even thousand foot altitude AMSL:
(2) when operating at or above flight level 150 up to and including flight level 410 and—
(i) on a magnetic track of 270° clockwise to 089°, any odd flight level beginning at and including flight level 150; or
(ii) on a magnetic track of 090° clockwise to 269°, any even flight level beginning at and including flight level 160:
(3) when operating above flight level 410 and—
(i) on a magnetic track of 270° clockwise to 089°, any odd flight level, at 4000 foot intervals beginning at and including flight level 450; or
(ii) on a magnetic track of 090° clockwise to 269°, any odd flight level at 4000 foot intervals beginning at and including flight level 430.
(b) Except as provided in paragraph (c), a pilot-in-command of an aircraft within the New Zealand FIR operating under IFR must not maintain level cruising flight—
(1) at any level between 13 000 feet AMSL and flight level 150, unless authorised to do so by an ATC unit for flights in controlled airspace; and
(2) at any flight level below flight level 160 when the area QNH zone setting is 980 hPa or less; and
(3) below flight level 160 when operating in IMC within a 20 NM radius encompassing Aoraki/Mount Cook centred on S 43.36.00.0, E 170.09.00.0.
(c) A pilot-in-command of an aircraft within the New Zealand FIR operating under IFR outside controlled airspace may maintain level cruising flight between 13 000 feet AMSL and flight level 150 if the pilotin command—
(1) is unable to operate the aircraft in level cruising flight at or below 13 000 feet AMSL or at or above flight level 150; and
(2) has established that there is no conflict with other aircraft at the altitude to be flown; and
(3) has given to the relevant ATS unit prior notification of the altitude to be flown.
A person must not operate an aircraft unless—
(1) the aircraft is equipped with the type and number of instruments and equipment required by this Subpart; and
(2) the instruments and equipment installed in the aircraft comply with—
(i) the applicable specifications and airworthiness design standards listed in the following:
(A) Appendix A to this Part or:
(AA) a transport instrument to this Part:
(B) Appendix C to Part 21:
(C) Part 26:
(D) for an aircraft that has a special category airworthiness certificate, the aircraft manufacturer’s design specifications; or
(ii) an alternative specification and design standard—
(A) approved by the Director; or
(B) for an aircraft that has a special category airworthiness certificate, that is acceptable to the Director following a flight evaluation; and
(3) the instruments and equipment installed in the aircraft have been installed in accordance with the aircraft manufacturer’s instructions or other equivalent instructions acceptable to the Director; and
(4) except as provided in rule 91.537, the instruments and equipment installed in the aircraft are in an operable condition.
(a) A powered aircraft with an airworthiness certificate, except a powered glider, must be equipped with a means of—
(1) indicating airspeed; and
(2) indicating Mach number, if the speed limitation specified in the aircraft flight manual is expressed in terms of Mach number; and
(3) indicating altitude in feet using equipment specified in a transport instrument which may be identified as CATI 91.509; and
(4) indicating magnetic heading; and
(5) indicating fuel tank contents, other than auxiliary fuel tank contents; and
(6) indicating engine revolutions of each engine; and
(7) indicating oil pressure of each engine using a pressure lubricating system; and
(8) indicating coolant temperature of each liquid-cooled engine; and
(9) indicating oil temperature of each engine rated at over 250 brake horsepower using a pressure lubricating system; and
(10) indicating manifold pressure of each supercharged or turbocharged piston engine, and each piston engine fitted with a constant speed propeller; and
(11) indicating cylinder head temperature of each air-cooled piston engine rated at over 250 brake horsepower; and
(12) indicating flap position, if flaps are fitted, unless the position of the flaps can be determined visually by the flight crew member; and
(13) indicating landing gear position, if the aircraft has retractable undercarriage; and
(14) indicating the correct functioning of electrical power generating equipment; and
(15) indicating the presence of carbon monoxide in the cabin if the aircraft is fitted with an exhaust manifold cabin heater or a combustion cabin heater.
(b) Subject to paragraph (c), the following New Zealand registered aircraft issued with an airworthiness certificate must be equipped with a means of automatically recording and accumulating the time-in-service for the aircraft:
(1) helicopter that is used for agricultural aircraft operations conducted in accordance with Part 137:
(2) a helicopter that is used for air operations conducted in accordance with Part 135:
(3) a helicopter, except a helicopter that has a special category— experimental airworthiness certificate or a special category— amateur-built airworthiness certificate, that is used for any other type of operation:
(4) an aeroplane that is used for agricultural aircraft operations conducted in accordance with part 137.
(c) Paragraph (b) comes into force on a date to be appointed by the Minister by notice; and 1 or more notices may be made bringing different provisions of paragraph (b) into force on different dates.
(d) An aircraft equipped with a lockable door leading to any compartment normally accessible to passengers must be equipped with a means for a crew member to unlock the door.
(e) For the purposes of this rule, CATI 91.509 is a transport instrument.
(a) An aircraft with a certificated seating capacity of 10 passenger seats or more must be equipped with—
(1) the number of first aid kits, location, distribution, and storage as specified in a transport instrument which may be identified as CATI 91.523; and
(2) the number, extinguishing agent, location and distribution of hand-held fire extinguishers which must be readily accessible, as specified in a transport instrument which may be identified as CATI 91.523.
(b) An aircraft with a certificated seating capacity of 20 passenger seats or more must be equipped with an axe that is readily accessible to the crew.
(c) An aircraft with a certificated seating capacity of 61 passenger seats or more must be equipped with the number and location of portable battery-powered megaphones—
(1) readily accessible from the flight attendant seat for the crew members who are assigned to direct emergency evacuations; and
(2) distributed as specified in a transport instrument which may be identified as CATI 91.523.
(d) Each item of equipment that is required under paragraphs (a)(2) and (c) must clearly indicate its method of operation.
(e) Each compartment or container that contains an item of equipment that is required under paragraph (a), must be marked to indicate its contents.
(f) Paragraph (c) does not apply when the aircraft is carrying cargo exclusively in any passenger compartment converted for the carriage of cargo.
(g) For the purposes of this rule, CATI 91.523 is a transport instrument.
(a) An aircraft that is operated on a flight over water must be equipped with 1 life preserver for each person on board and stowed in a position that is readily accessible from the seat or berth occupied by the person if—
(1) the aircraft is a single-engine aircraft and the flight distance to shore is more than gliding distance for the aircraft; or
(2) the aircraft is a multi-engine aircraft that is unable to maintain a height of at least 1000 feet AMSL with 1 engine inoperative, and the flight distance to shore is more than gliding distance for the aircraft; or
(3) the aircraft is a multi-engine aircraft that is capable of maintaining a height of at least 1000 feet AMSL with 1 engine inoperative and the flight distance to shore is more than 50 NM.
(aa) The life preserver required in paragraph (a) must meet the requirements specified in in a transport instrument which may be identified as CATI 91.525.
(b) A single-engine aircraft, or multi-engine aircraft that is unable to maintain a height of at least 1000 feet AMSL with 1 engine inoperative, that is operated on a flight over water that extends to more than 100 NM from shore must be equipped with the survival equipment specified in a transport instrument which may be identified as CATI 91.525.
(c) A multi-engine aircraft that is capable of continuing flight with 1 or more engines inoperative that is operated on a flight over water that extends to more than 200 NM from shore must be equipped with the survival equipment specified in a transport instrument which may be identified as CATI 91.525.
(d) An aircraft in excess of 5700 kg MCTOW that is operated on a flight over water that extends to more than 200 NM from shore must be equipped with—
(1) the survival equipment specified in a transport instrument which may be identified as CATI 91.525; and
(2) an additional ELT(S) or EPIRB.
(e) A manned balloon must be equipped with 1 life preserver for each person on board stowed in a position that is readily accessible from the position occupied by the person if—
(1) the flight crosses or might cross the shore of any lake or sea; or
(2) the flight takes off from or intends to land at a site where the takeoff or approach path is so disposed over water that in the event of a mishap there is a likelihood of a ditching; or
(3) the flight takes off from a site that is located within 1 NM of water at the ordinary high water mark and the wind is offshore or is less than 5 knots onshore.
(f) The life preservers, life-rafts, signalling devices, ELT(S), and EPIRB required under any of paragraphs (a) to (e) must be installed in conspicuously identified locations and must be easily accessible in the event of a ditching of the aircraft.
(g) For the purposes of this rule, CATI 91.525 is a transport instrument.
A person operating a New Zealand registered aircraft must—
(1) when over the high seas, comply with ICAO Annex 2; and
(2) when operating within a foreign State, comply with the operating and flight rules of that State; and
(3) comply with Part 91 so far as it is not inconsistent with applicable rules of the foreign country where the aircraft is being operated, or ICAO Annex 2; and
(4) if conducting commercial air transport operations under VFR between New Zealand and another State, or operating commercial air transport operations under VFR between other States, be fitted with a sensitive pressure altimeter that meets the requirements specified in a transport instrument which may be identified as CATI 91.509.
