Civil Aviation Rules are sometimes supported by a transport instrument, which sets out detailed or technical requirements that can be updated faster than rules. This helps us remain responsive and adapt to changes or emerging risks in the civil aviation system.
See the Rule projects in progress page to find out about upcoming rule projects, which may include transport instruments.
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Current transport instruments can be viewed alongside their empowering rule parts that enable them.
Section 430 of the Civil Aviation Act 2023 (the Act) allows for any matter that could be included in a regulation or rule to be dealt with in a transport instrument, so long as the person making the rule is satisfied that the subject matter is appropriate to be in a transport instrument rather than the rule itself.
In most cases, regulations and rules are made by the Minister of Transport. However, section 431 of the Act specifies that a transport instrument must be made by the Director of Civil Aviation or the Secretary for Transport. This means the Minister does not make transport instruments directly but still retains responsibility for the broader aviation regulatory framework.
Transport Instruments allow the system to be more flexible. They allow technical or operational requirements to be updated more quickly than formal rules or regulations to better meet the demands and challenges of the fast-changing aviation sector.
A transport instrument can contain specific provisions, requirements or details would otherwise sit in a rule or regulation. To be considered for a transport instrument, the subject matter should:
Transport instruments have a similar look and format to a rule and may also be supplemented by guidance.
Transport instruments have the same legal effect as rules. A breach of a transport instrument is a breach of the rule that enables it.
Transport instruments are a form of secondary legislation. They must meet publication requirements set out in Part 3 of the Legislation Act 2019. Transport instruments cannot exist in isolation and only have legal effect when enabled by a rule or regulation which allows for the Director or Secretary of Transport to create them.
Unlike rules, transport instruments:
They are intended for technical or operational details, such as thresholds, procedures and conditions, that may need regular updates due to changes in technology, risk or international standards.
Rules require frequent maintenance to remain fit for purpose and respond to constant change (i.e., new technologies, innovations, advancements or emergencies). However, sometimes the rule-making process cannot progress rule changes fast enough to keep pace with these changes.
Transport instruments have been developed to better enable regulators to respond to the sector and keep rules up to date and fit for purpose. In particular, they support and ensure:
Transport instruments are also used in the wider transport system by Maritime New Zealand and the New Zealand Transport Agency.
No. Transport instruments are secondary legislation made by the Director of Civil Aviation or the Secretary for Transport under section 431 of the Civil Aviation Act. They set detailed requirements for purposes specified in rules or regulations made under section 430.
CAA Notices, by contrast, are not legislation. Section 64(5) of the Act allows the Minister of Transport to make rules that ‘empower the Director, the Authority, or any other person’ to issue approvals, determinations, requirements, conditions or procedures for purposes specified in a rule. These provisions can be set out in an additional document, which is where CAA Notices are introduced.
CAA Notices can be updated quickly without the formal legislative process, whereas transport instruments follow a statutory process and have legal status as secondary legislation. Both aim to make regulation more agile rules, but they differ in legal form, authority and update process.
Transport instruments have a different function and effect to advisory circulars (ACs). ACs detail possible non-mandatory means for achieving compliance. Transport instruments specify details that must be complied with, and form part of the rule which enables them.
ACs are advisory in nature and provide advice, guidance and information. They advise on an acceptable means of compliance with the legislation and other good practice, without limiting other acceptable ways of doing so.
The enabling rules define the transport instrument’s scope. For example:
The development of transport instruments follows the normal policy development processes (problem identification and definition, options analysis, consultation, and evidence-based decision-making).
Yes. Section 432 of the Act requires all appropriate persons or organisations are consulted before the Transport Instrument is made.
