No. 95 2067

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, 30 JUNE 1983

Published by Authority

WELLINGTON: FRIDAY, 1 JULY 1983

CIVIL AVIATION (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

PART I
PASSENGERS

4. Payment of commission to approved passenger agents
5. Payment of commission to approved general sales agents
6. Inclusive tour support
7. Passenger commissions generally
8. Payment of passenger commission provisional initially
9. Disbursement of passenger commissions
10. Involuntary changes of routing

PART II
CARGO

11. Payment of commission to general cargo agents and approved cargo agents
12. Payment of commission to general cargo agents
13. Cargo commissions generally
14. Payment of cargo commission to be provisional initially
15. Disbursement of cargo commissions

PART III
GENERAL

16. No commission payable in certain circumstances
17. Payments pursuant to interline agreements
18. Beneficial services, and fees, charges, etc.
19. Payments by carriers to officers, employees, etc.
20. Payments in respect of subcontracted functions of principals
21. Retrospective payments
22. Transitional

NOTICE

1. Title and commencement—(1) This notice may be cited as the Civil Aviation (Agents’ Commission Regime) Notice 1983.
   (2) This notice shall come into force on the 1st day of July 1983.

2. Interpretation—(1) In this notice, unless the context otherwise requires,—
   “The Act” means the Civil Aviation Act 1964:

“Agent” means any person (not being a carrier) carrying on business in New Zealand, whether or not in conjunction with any other business and whether or not his or its business is accessible to members of the general public, by arranging carriage:

“Approved agent” means a person who or which is an approved cargo agent, an approved general cargo agent, an approved general sales agent, or an approved passenger agent:

“Approved cargo agent”, in relation to any person, means an agent—
(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 that carrier within New Zealand for the purpose; 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 a 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 carrier or approved general cargo agent (not being an approved general cargo agent engaged in the provision of surface transportation) has, or has a right to, 30 percent or more; and
(f) Not more than 30 percent of the cargo consigned or to be consigned through that agent is owned by that agent; and
(g) Who or which has at least one suitable cargo sales location in New Zealand at which there are employed sufficient qualified full-time employees capable of providing the facilities specified in the definition in this subclause of the expression “suitable cargo sales location”; and
(h) Who is not engaged, directly or indirectly, in the sale of carriage of cargo on charters operated under agreements, that provide for some arrangement other than the charter