1004
THE NEW ZEALAND GAZETTE
No. 32

Order Prescribing Standard Terms and Conditions in Respect
of Licences for Aerial Work Services

PURSUANT to section 26A of the Air Services Licensing Act
1951, the Air Services Licensing Authority hereby orders that
there be terms or conditions applicable in licences for aerial
work services to the extent as are set out hereunder:

1. Unless otherwise ordered by the Licensing Authority in
   respect of a particular licence, the following standard terms and
   the meaning thereof shall be applicable in all licences for aerial
   work services in so far as they may apply to the type or types
   of such services as are authorised in the licences:

(i) “Aerial topdressing service” means any service by air-
craft (whether fixed-wing or rotary-wing) for hire
or reward whereby any fertiliser or lime, insecticide
pellet or dust is released from aircraft during flight
in such a manner as to provide for the direct appli-
cation of the material to the soil or to plant life
thereon, or whereby any poisonous agricultural
chemical whether alone or with any other substance
is released from aircraft during flight for the
purpose of destroying or repelling noxious animals.

(ii) “Aerial liquid topdressing service” means any service
by aircraft (whether fixed-wing or rotary-wing) for
hire or reward whereby any liquid fertiliser is
released from aircraft during flight in such a manner
as to provide for the direct application of the liquid
to the soil or to the plant life thereon.

(iii) “Aerial spraying service” means any service by aircraft
(whether fixed-wing or rotary-wing) for hire or
reward whereby any agricultural chemical in the
form of a liquid spray is released from aircraft
during flight in such a manner as to provide for the
direct application of the chemical to the soil or to
plant life thereon.

(iv) “Miscellaneous aerial work service” means any aerial
work service by rotary-wing aircraft for hire or
reward other than an aerial topdressing service, an
aerial liquid topdressing service, or an aerial spray-
ing service.

2. In these Standard Terms and Conditions—

(i) “Fertiliser” means any non-liquid substance, other than
an agricultural chemical, but including lime, which
is in a state suitable for application to land or
plants for the purpose of increasing the growth or
productivity of beneficial plants.

(ii) “Liquid fertiliser” means any substance (other than an
agricultural chemical) in the form of a liquid suita-
ble for application to land and plants for the
purpose of increasing the growth or productivity of
beneficial plants.

(iii) “Agricultural chemical” means any substance (other
than a fertiliser or a liquid fertiliser), whether
mixed with any other substance or not, sold for the
purpose of protecting any form of plant life from
injury caused by any organism or virus, or for the
purpose of curing any such injury or any disorder
of plant life of a physiological nature, or for the
purpose of destroying, preventing, or in any other
way influencing the growth of any form of plant
life, and includes any animal poison.

3. Categorisation of licences and replacement of aircraft:

(a) Licences for aerial topdressing services will be categorised
in the following manner—

Category I Licence—Granted to operators utilising aircraft
with a payload not exceeding 4,480 pounds.

Category II Licence—Granted to operators utilising aircraft
with a payload exceeding 4,480 pounds.

(b) Within the above categories the Authority will approve
in respect of each licence granted a maximum fleet
payload capacity in pounds.

(c) An operator may use any number or type of aircraft
appropriate to the category of licence to achieve the
fleet capacity authorised by the licence, but the aggre-
gate payloads of the aircraft used shall not exceed the
prescribed maximum fleet capacity.

(d) An operator may replace any aircraft in his fleet within
the category for which the licence is granted, provided
that the maximum fleet capacity is not exceeded.
Written notice of any replacement shall be made to
the Authority within 7 days of such replacement being
effected.

(e) For the purpose of this paragraph—
“Payload” means the maximum agricultural hopper
load permissible as provided by the Ministry of Trans-
port for the particular aircraft, with fuel sufficient for
1 hour’s operation, plus pilot (170 lb) and oil.

(f) Nothing in this section shall apply to helicopters.

(g) Licences current at the date of this order will be
amended in accordance with the above procedure on
1 July 1969. All operators affected are required to
submit to the Authority within 30 days of the date of
this order notification of such details of their autho-
rised fleet as will enable the Authority to establish the
category of the licence and the maximum fleet capacity
applicable to it.

4. Boundaries:

(a) As from the date of this order, where any boundary
of the area authorised for an aerial topdressing service
or an aerial liquid topdressing service passes through
any part of a farming property, the licensee may enter
into an agreement with the owner of such property
for the carrying out of aerial topdressing services or
aerial liquid topdressing services on the whole or any
part of that property provided a substantial part
thereof is within the licensee’s licensed area.

(b) Where in any aerial topdressing licence or aerial liquid
topdressing licence a boundary is defined inter alia,
as being a line running from the mouth of a river or
other waterway, such line shall be deemed to run
from the northern side of the mouth of such river
or other waterway unless the licence otherwise
provides.

(c) Any zone, or limitation of area, of operation which the
Authority shall impose on an aerial topdressing service
or on an aerial liquid topdressing service shall
not apply to the release from aircraft during flight of
poisonous agricultural chemicals for the purpose of
destroying or repelling noxious animals.

5. Insurance:

(a) It shall be a condition of all aerial work service licences
that the licence holder shall maintain during the cur-
rency of the licence:
In respect of all aircraft a minimum insurance cover
of $50,000 against all liability for third party personal
injury or death, or for property damage in respect of
any one accident.

(b) Notwithstanding that the licence may authorise the carry-
ing on of an aerial work service as from a specific
date, such service shall not be commenced until there
has been deposited with the Licensing Authority a
certificate endorsed by the insurers of due insurance
in accordance with the requirements in paragraph (a)
herein.

(c) Within 1 week from the due date of the renewal, or on
the replacement of any such insurance policy, or
within such extended time as the Licensing Authority
may permit, there shall be deposited with the Licensing
Authority a like certificate as is required under para-
graph (b) herein. If the certificate, as aforesaid, is not
deposited within the period as stated, the licence shall
be deemed to be suspended until such certificate is
deposited.

6. Transfer of interest in licences:

(i) Where:

(a) The holder of a licence is an individual and by any
means whatever his controlling interest in the
business in respect of which the licence applies
passes to any other person or persons; or

(b) The holder of a licence is a company and by any
means whatever the controlling interest in that
company passes to any person or persons other
than those named as shareholders or intending
shareholders when the application for a licence
was made

then, in either such event, the licence shall be deemed to be
suspended as from the date of such passing unless the prior
approval of the Authority has been obtained, or unless and
until full details of the transaction or proposed transaction
involving the passing of the controlling interest, as aforesaid,
have been given to the Authority and its approval to such
passing has been granted.

(ii) Where by reason of transmission on death the pro-
visions of subparagraph (i) herein would apply,
the licence shall not be deemed to be suspended
until after the expiration of 3 calendar months from
the date of death.

This order shall come into effect on the 1st day of June 1969.
Dated this 28th day of May 1969.
For and on behalf of the Air Services Licensing Authority:
G. H. LUSK, Chairman.