1474
THE NEW ZEALAND GAZETTE.
[No. 41

not, if the pilot is also a member of the same club, be deemed to be a passenger carried for hire or reward, notwithstanding that payment is made to the club in respect of such carriage :

Provided further, that for the purpose of this clause members of the Aero Clubs affiliated to the New Zealand Aero Club shall be regarded as members of the same club.

For the purpose of these regulations references to “aircraft” shall not be deemed to include references to “gliders,” unless specially stipulated in the context.

NATIONALITY OF AIRCRAFT.

3. (1) An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered.

(2) Aircraft registered in any part of His Majesty’s dominions other than New Zealand shall be deemed to be British aircraft.

AIRCRAFT TO WHICH REGULATIONS APPLY.

4. The provisions of these regulations apply (unless the contrary intention appears) to all New Zealand aircraft registered in the Dominion of New Zealand, and to all British and foreign aircraft when in or over the Dominion of New Zealand.

GENERAL CONDITIONS OF FLYING.

5. (1) No person shall fly an aircraft unless the following general conditions are complied with :—

(i) The aircraft shall be registered and bear the prescribed nationality and registration marks painted on the aircraft in the prescribed manner.

(ii) The aircraft shall be certified as airworthy in the prescribed manner, and any terms or conditions on or subject to which the certificate of airworthiness was granted shall be duly complied with.

(iii) The personnel of the aircraft shall be of the prescribed number and description, and shall be provided with the prescribed certificates of competency and licenses.

(iv) There shall be carried in the aircraft the prescribed documents kept up to date in the prescribed form and manner provided that—

(a) Conditions (i), (ii), and (iv) shall not apply to aircraft flown for the purpose of experiment or test only within three miles of a licensed aerodrome or a New Zealand Air Force aerodrome, or to aircraft flown in accordance with directions or special permission in writing given by the Minister under this article, and subject to any conditions or limitations which may be laid down in such directions or permission.

(b) Condition (iii), in so far as it relates to certificate of competency and licences, shall not apply in the case of candidates undergoing official tests for the purpose of obtaining a licence, or within three miles of a licensed aerodrome or a New Zealand Air Force aerodrome in the case of personnel whilst under instruction or whilst engaged in a flight in accordance with such directions as aforesaid for the purpose of becoming eligible for the issue of a licence.

(c) Condition (ii) shall not apply to balloons or kites when being flown within New Zealand and not carrying passengers for hire or reward.

(2) In this clause “prescribed” in relation to aircraft other than New Zealand aircraft registered in the Dominion of New Zealand means prescribed by the law of the State on whose register the aircraft is entered, and in relation to New Zealand aircraft has the meaning assigned to it by clause 2 of these regulations.

FURTHER CONDITIONS OF FLYING IN NEW ZEALAND.

6. (1) Save as hereinafter expressly provided, no person shall fly an aircraft within the Dominion of New Zealand unless the following further conditions are complied with :—

(i) The aircraft shall possess the nationality of a contracting State.

(ii) The provisions of these regulations as to general safety, and as to the dropping of articles from aircraft shall be duly complied with.

(iii) Such members of the personnel of the aircraft as are British subjects shall be provided with certificates of competency and licences issued or rendered valid by a duly competent authority within His Majesty’s dominions.

(iv) The prescribed conditions as to the maintenance of airworthiness shall be complied with, and the prescribed certificate as to airworthiness shall be carried in the aircraft.

(v) The aircraft shall conform to such orders as may be lawfully given in regard to it by officers of Police or of Customs. Provided that—

(a) Condition (i) shall not apply to the aircraft of a State with which a special convention relating to air navigation entered into by or on behalf of the Government of the Dominion of New Zealand is for the time being in force, so long as the conditions of the special convention are complied with.

(b) Conditions (i) and (iv) shall not apply to aircraft flown for the purpose of experiment or test only within three miles of a licensed aerodrome or a New Zealand Air Force aerodrome, or to aircraft flown in accordance with directions or special permission in writing given by the Minister under this clause, and subject to any conditions or limitations which may be laid down in such directions or permission.

(c) Condition (iii) shall not apply in the case of candidates undergoing official tests for the purpose of obtaining a licence or within three miles of a licensed aerodrome, or a New Zealand Air Force aerodrome in the case of personnel whilst under instruction or whilst engaged in a flight in accordance with such directions as aforesaid, for the purpose of becoming eligible for the issue of a licence.

(2) A fixed balloon shall not be flown by any person within the Dominion of New Zealand except with the special permission in writing of the Minister and subject to any conditions that may be attached to such permission, and the Minister may on the granting of such permission or subsequently, direct that the provisions of these regulations or any of them shall not apply to the balloon in question, or shall apply subject to such modifications as he thinks fit.