12 SEPTEMBER
THE NEW ZEALAND GAZETTE
3039

The Civil Aviation (Cargo Agents’ Commission Regime) Notice
1983

PURSUANT to section 29A (6) of the Civil Aviation Act 1964, the
Minister of Civil Aviation and Meteorological Services hereby gives
the following notice.

ANALYSIS

1. Title and commencement

2. Interpretation

3. Application

4. Payment of commission to approved
   agents

5. Overriding commissions

6. Commissions generally

7. Payment of commission provisional
   initially

8. Disbursement of commission

9. No commission payable in certain
   circumstances

10. Payments pursuant to interline
    agreements

11. Beneficial services, fees, charges, etc.

12. Payments by carriers to officers,
    employees, etc.

13. Payments in respect of subcontracted
    functions of carriers

14. Retrospective payments

NOTICE

1. Title and commencement—(1) This notice may be cited as the
   Civil Aviation (Cargo Agents’ Commission Regime) Notice 1983.
   (2) This notice shall come into force on the day after the date of
   its publication in the Gazette.

2. Interpretation—(1) In this notice, unless the context otherwise
   requires,—
   “The Act” means the Civil Aviation Act 1964:
   “Approved agent” means a person who or which is an approved
   cargo agent or an approved general cargo agent:
   “Approved cargo agent” means a person—
   (a) Whose name (whether or not it appears on any other
   such list) for the time being appears on a single list of agents
   and locations maintained by a carrier within New Zealand
   for the purpose (in this notice referred to as approved
   cargo agents’ names and locations list); and
   (b) Who or which is not an unsuitable person; and
   (c) Who or which is not a carrier or an approved general
   cargo agent; and
   (d) Who or which neither has, nor has any right to, 30
   percent or more of the ownership, property, management,
   or profits, of a carrier or an approved general cargo agent
   (not being an approved general cargo agent engaged in the
   provision of surface transportation); and
   (e) Of whose ownership, property, management, or profits,
   no person or group of persons (being a person or group of
   persons, in the opinion of that carrier having, or having a
   right to, 30 percent or more, in the opinion of that carrier,
   has, or has a right to, 30 percent or more, whether directly
   or indirectly); and
   (f) Not more than 30 percent of the cargo consigned or
   to be consigned through whom or which is owned by that
   agent; and
   (g) Who or which has at least one suitable location in
   New Zealand occupied by that person (whether as a direct
   agent or as a subcontracted agent of a direct agent) on a
   single list of agents and locations maintained by a carrier
   within New Zealand for the purpose (in this notice referred
   to as approved general cargo agents’ names and locations
   list); and
   (h) Who or which is not engaged, directly or indirectly, in
   the sale of carriage on charters operated under agreements
   that provide for some arrangement other than the charter
   by the operator of the aircraft concerned of all the capacity
   of that aircraft to one or more shippers for the carriage of
   the goods of that shipper or those shippers only; and
   (i) Who or which has a current cargo sales agency
   agreement with that carrier;

“Approved general cargo agent” means a person—
(a) Whose name (whether or not it appears on any other
such list) for the time being appears (whether as a direct
agent or as a subcontracted agent of a direct agent) on a
single list of agents and locations maintained by a carrier
within New Zealand for the purpose (in this notice referred
to as approved general cargo agents’ names and locations
list); and
(b) Who or which is not an unsuitable person; and
(c) Who or which is not an approved passenger agent or
an approved cargo agent; and
(d) Who or which neither has, nor has any right to, 30
percent or more of the ownership, property, management,
or profits of an approved passenger agent or approved cargo
agent; and

(e) Of whose ownership, property, management, or profits,
no approved passenger agent or approved cargo agent has,
or has a right to, 30 percent or more; and
(f) Of whose ownership, property, management, or profits,
no person or group of persons (being a person or group of
persons, in the opinion of that carrier having, or having a
right to, 30 percent or more of the ownership, property,
management, or profits of an approved cargo agent or
approved passenger agent, whether directly or indirectly),
in the opinion of that carrier, has, or has a right to, 30
percent or more, whether directly or indirectly;
(g) Who or which is neither employed by nor associated
with any other person (not being a person engaged directly
in the provision of transportation of some kind) who or
which is, in the opinion of the carrier concerned, likely to
generate or control more than one quarter of the total sales
of carriage in the defined territory or proposed defined
territory concerned; and
(h) Who or which has a current general cargo agency
agreement with that carrier; and
(i) Where that agreement contains any provision to the
effect that the agent is to, or is employed to, arrange carriage
on his services of the carrier, who or which has at least
one suitable location in New Zealand;—
and, in relation to any carrier, means an approved general
cargo agent of that carrier:

“Approved passenger agent” and “approved passenger location”
have the meanings assigned to them by clause 2 (1) of the
Civil Aviation (Passenger Agents’ Commission Regime)
Notice 1983:

“Arrangement”, in relation to any carriage and any approved
agent, means—
(a) The sale of that carriage by that agent; and
(b) The making of reservations relating to that carriage,—
(i) By that agent; or
(ii) By a carrier on whose services that carriage or any
part of it is to take place, at the request of that
agent; and
(c) The completion and verification of a waybill in relation
to that carriage,—
(i) By that agent; or
(ii) By a carrier on whose services that carriage or any
part of it is to take place, at the request of that
agent; and
(d) The delivery, or arrangement of the delivery, by that
agent, of the cargo concerned to the appropriate airport
when ready for carriage; and
(e) The retention by that agent of all accounting documents
relating to that carriage;—
and “to arrange” has a corresponding meaning:

“Cargo” means any goods carried, or intended to be carried,
by air that do not comprise—
(a) Mail or other goods carried under the terms of any
international postal convention; or
(b) Passenger baggage; or
(c) The property of the carrier concerned:

“Cargo sales agency agreement” means a sales agency agreement
relating to the arrangement by the agent concerned of
carriage on the services of the carrier concerned, and
containing (inter alia) provisions to the effect that—
(a) The agent is at all times to maintain a bond, guarantee,
or other such device, that, in the opinion of the carrier,
adequately protects the carrier and the agent’s customers
against the insolvency of the agent; and
(b) Until any waybill forms supplied to the agent by or
on behalf of the carrier or the management of a standard
cargo plan are issued to a customer in respect of carriage
that has been sold by the agent to that customer,—
(i) Those documents are to remain the property of the
carrier or, as the case requires, the management
of the standard cargo plan; and
(ii) The agent is to have no proprietary rights in respect
of those documents; and
(c) All carrier identification plates supplied by the carrier
to the agent are to remain the property of the carrier and
the agent is to have no proprietary rights in respect of those
plates; and
(d) The agent is to take such steps as the carrier specifies
in respect of the safekeeping of waybill forms and carrier
identification plates so supplied; and
(e) The agent is to verify every waybill completed by the
agent in respect of carriage on the services of the carrier
with a stamp bearing a numerical code that identifies that
agent; and
(f) The agent is not to pay money received in respect of
carriage arranged by the agent into any bank account into
which there is at any time paid any money that is not
received in respect of carriage arranged by the agent; and
(g) All money received by the agent in respect of carriage
on the services of the carrier, or in respect of any related
services (including any commission withheld by the agent