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. (5) Any delegation under this section may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office. (6) Every delegation under this section must be given for a specified period but in any event must be revocable at will. (7) No delegation under this section may— (a) affect or prevent the exercise of any function or power by the Director; or (b) affect the responsibility of the Director for the actions of any person acting under the delegation. (8) Every delegation under this section continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office. (9) Every person purporting to act under any delegation under this section may, when reasonably requested to do so, produce evidence of his or her authority to so act. (10) The Director may not delegate under this section any of his or her functions or powers under section 27L or section 27M. Section 27O: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27P Right of appeal to District Court Any person affected by a decision of the Director under section 27B (other than a decision made under section 27B(5)(b)), section 27I(7), section 27I(11), section 27L, or section 27M has a right of appeal to a District Court under section 66. Section 27P: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27Q Transitional provisions (1) Part 67 of the rules (as it read immediately before the commencement of this Part) continues to apply to— (a) any application for a medical certificate lodged before the commencement of this Part: (b) any action begun with respect to a medical certificate before the commencement of this Part. (2) In the absence of rules providing for the issue of aviation documents to aviation examiners or medical examiners,— (a) the Minister must establish the selection criteria for the issue of aviation documents to aviation examiners or medical examiners or classes of aviation examiners or medical examiners that the Director must use to issue those aviation documents, including any reasonable requirements— (i) for examinations, training, and experience; and (ii) for ongoing training and development; and (iii) relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers; and (b) the Director must designate, by issuing an aviation document under section 9, 1 or more medical examiners to conduct examinations under section 27D; and (c) the Director may designate, by issuing an aviation document under section 9, 1 or more aviation examiners to conduct specified examinations that the Director may require under this Part. (3) In the absence of rules under section 30(b)(x) or section 30(b)(xi), the Minister must establish the criteria for the grant of delegations, including— (a) any requirements for the grant of delegations by the Director under section 27O(2); and (b) any requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2). Section 27Q: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27R Savings Any medical certificate issued under the rules before the commencement of this Part is deemed to be a medical certificate issued under this Part. Section 27R: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Part 3 Rules 28 Power of Minister to make ordinary rules (1) The Minister may from time to time make rules (in this Act called ordinary rules) for all or any of the following purposes: (a) the implementation of New Zealand’s obligations under the Convention: (ab) to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: (b) the provision of aviation meteorological services, search and rescue services, and civil aviation security programmes and services: (c) assisting aviation safety and security, including (but not limited to) personal security: (ca) assisting economic development: (cb) improving access and mobility: (cc) protecting and promoting public health: (cd) ensuring environmental sustainability: (ce) any matter related or reasonably incidental to any of the following: (i) the Minister’s objectives under section 14: (ii) the Minister’s functions under section 14A: (iii) the Authority’s objectives under section 72AA: (iv) the Authority’s functions and duties under section 72B: (v) the Director’s functions and powers under section 72I: (d) any other matter contemplated by any provision of this Act. (2) Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation related service in different circumstances. (3) Any ordinary rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand. (4) The commencement of any ordinary rule may be wholly suspended until it is applied by the Minister by notice in the Gazette. (5) An ordinary rule may, on any terms and conditions that are specified in the rule,— (a) require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or (b) empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed. (5A) To avoid doubt, the terms and conditions specified in an ordinary rule may provide for— (a) consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or (b) public notice to be given of the exercise of any powers; or (c) any other matter. (6) No breach of any ordinary rule shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act. (7) An ordinary 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. (8) So far as the bylaws of any local authority are inconsistent with or repugnant to any ordinary rule made under this Act in force in the same locality, the bylaws shall be construed subject to the rules. (9) Notwithstanding section 28 of the State Sector Act 1988, the Minister shall not delegate his or her power to make ordinary rules under this Act. Section 28(1)(ab): inserted, on 30 March 2007, by section 16 of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 28(1)(c): substituted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 28(1)(ca): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 28(1)(cb): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 28(1)(cc): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). |
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