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Niue Act 1966 - Niue Airports Charges Regulations 1992

NIUE

NIUE AIRPORT' CHARGES REGULATIONS 1992

At the Cabinet Chambers at Alofi this 25th day of February 1992

Present:

The Ministers of Cabinet

PURSUANT to the Niue Act 1966, the Ministers of Cabinet hereby make the following regulations.

REGULATIONS

1. Title and commencement - (1) These regulations may be cited as the Niue Airport Charges Regulations 1992.

(2) These regulations shall come into force on the 1st day of April 1992.

PART 1
PRELIMINARY

2. Interpretation - (1) In these regulations, unless the context otherwise requires:

"Airport" means any aerodrome in Niue at which facilities, available to the public, are provided for the shelter, servicing, or repair of aircraft, and for receiving or discharging passengers or cargo:

"Gross Weight", in relation to an aircraft, means the maximum take-off weight as specified in the certificate of airworthiness issued in respect of the aircraft calculated to the nearest 1,000kg, but with the last exact 500kg deemed to be 501kg for the purposes of the calculation:

"Hirer", in relation to an aircraft, includes any person, other than the owner, lawfully entitled to possession of the aircraft:

"Operator", in relation to an aircraft, means the person who, as owner or hirer, is making use of the aircraft, either personally or through his employees or agents:

"Secretary" means the Secretary to the Government.

(2) Expressions defined in the Niue Act 1966 have the meanings so defined.

3. Application of regulations - (1) Subject to subclause (2) of this regulation, these regulations shall apply to all aircraft, which use Niue Airport.

(2) Nothing in these regulations shall apply to -

(a) Any aircraft used for the purposes of Her Majesty's naval, military, or air force:

(b) Aircraft operated by the New Zealand Ministry of Transport and used for the purposes of the Ministry:

(c) Aircraft used for the military, diplomatic, or ceremonial purposes of any Government.

PART II
LANDING CHARGES

4. Landing charge Payable - Every operator of any aircraft to which these regulations apply shall pay landing charges accordance with clause 5 of these regulations for each landing at Niue Airport of an aircraft operated by him:

Provided that landing charges shall not be payable in any of the following instances:

(a) A test flight carried out before the impending departure of an aircraft for the purpose of a proving test of an aircraft or of its equipment or the airport:

(b) A flight undertaken in connection with the issue, amendment, reinstatement, validation, or renewal of a certificate of airworthiness:

(c) A flight undertaken solely in connection with the training or checking of a person as a member of the flight crew of an aircraft:

(d) A route familiarisation flight:

(e) A flight in connection with a search and rescue operation:

(f) The return of a flight to the airport due to mechanical failure, meteorological conditions, or other reason affecting the safety of the flight.

5. Rate of charge - The landing charge payable shall be $8 for every 1,000kg of the gross weight of the aircraft. Provided however that in no case shall the charge in respect of any particular landing be less than $50.

PART III
PARKING AND OTHER CHARGES

6. Parking charces - Every operator of every aircraft to which these regulations apply shall pay a parking charge of $2 for every hour that an aircraft operated by him shall be parked at Niue Airport.

Provided also that no charge shall in any case be made in respect of aircraft which remain parked for less than 3 hours, or remain parked when take-off is delayed by weather conditions.

7. Runway lighting - Every operator of every aircraft to which the regulations apply shall pay in addition to any other charge under these regulations, a runway lighting charge of $20 for each landing at Niue Airport of an aircraft operated by him.

8. Other charges - In addition to landing, parking and runway lighting charges, operators may be charged for any available special services or privileges which may be required by operators by way of airport terminal space or facilities, communications facilities, security, and similar services. The amount charged for such service or privileges shall be such amount as may be negotiated between the operator and the Secretary.

PART IV
PAYMENT OF CHARGES

9. Payment of charges - (1) All charges payable pursuant to these regulations shall be paid before take-off unless the operator has made arrangements, approved in writing by the Secretary, for furnishing returns of landing during a period of time and for periodic payment of the charges.

(2) All such returns of landings shall be made on the forms provided for the purpose by the Secretary and certified as correct by the manager, owner, director or agent of the operator.

PART V
OFFENCES AND GENERAL

10. Offences - (1) Any person who contravenes, or fails comply with, any provision of these regulations commits offence against these regulations.

(2) Any person who makes a false or misleading statement or declaration in, or in connection with, any return to be furnished under these regulations commits an offence against these regulations.

(3) Where a return is required to be made by an operator under these regulations, whether pursuant to an arrangement with the operator or otherwise, and the return is necessary for the assessment of charges or dues under these regulations, failure to make the return in accordance with these regulations or with any arrangement authorised by these regulations shall constitute a continuing offence against these regulations, and the operator shall be liable on conviction to a fine not exceeding $50 for every day during which the offence has continued, or to imprisonment for a term not exceeding 6 months:

Provided that nothing in this subclause shall authorise the imposition of any fine exceeding in total the sum of $1,000 in respect of one continuing offence.

(4) If, having been convicted of an offence under subclause (3) of this regulation or under this subclause, an operator fails to make any return in respect of which he was convicted or as the case may require, to which a direction under this subclause, as and when directed to do so by the convicting court, he commits a further offence against these regulations and shall be liable accordingly.

(5) Where any offence against these regulations has been committed by a corporate body of persons, every person who at the time of the commission of the offence was a director, general manager, secretary, or other similar officer, of such body corporate, or was acting, or purporting to act, in any such capacity, shall also be guilty of such offence unless he proves that such offence was committed without his consent or knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in such capacity and in all the circumstances.

(6) Any person who commits an offence against these regulations for which no penalty is otherwise prescribed shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.

11. Negotiated charges - Where pursuant to clause 8 of these regulations the amount of any charge is to be negotiated, any such negotiations are not successful, the matter may be referred to Cabinet by either party to the negotiations, and the Cabinet (whose decision shall be final), may make such decisions as Cabinet considers equitable in the circumstances.

12. Delegation by Secretary - (1) The Secretary from time to time by writing under his hand, either generally or particularly, delegate to any member of the public service as he thinks fit all or any of the powers exercisable by him under these regulations, but not including the power of delegation conferred by this regulation.

(2) Subject to any general or special directions given or conditions attached by the Secretary to the person to whom any powers are delegated under this regulation may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3) Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the Secretary by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding office as Secretary.

(4) Where any person purports to act pursuant to a delegation made under this clause, that person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(5) Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder, or holders for the time being of a specified office or appointment, or class or offices or appointments.

(6) Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Secretary.

13. Repeal - The Niue Airport Charges Regulations 1971 (SR 1971/203) are hereby revoked.

These regulations are administered by the Department of Administration

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