NEW ZEALAND GAZETTE

12 APRIL

1285

Summary of Bills Introduced

Civil Aviation Law Reform Bill

This Bill effects significant changes to the law relating to the New Zealand civil aviation system and replaces the Civil Aviation Act 1964. The Bill has its origins in the Swedavia-McGregor Report of 1988, which is a comprehensive review of the civil aviation safety regulations and the resources, structure, and functions of the Civil Aviation Division of the Ministry of Transport.

SUMMARY OF CHANGES

The Bill overhauls the Civil Aviation Act 1964 and includes the following principal changes:

(a) The Ministry of Transport will be the Civil Aviation Authority for New Zealand:

(b) The Minister of Transport will have the principal function of promoting safety in civil aviation:

(c) The Secretary for Transport will assume the functions formerly carried out by the Director of Civil Aviation, where these are carried forward by the Bill:

(d) The Ministry will carry out a monitoring function rather than an inspectional function in relation to civil aviation:

(e) The participants in the civil aviation system will be primarily responsible for ensuring their own compliance with the requirements of the Act and of the regulations and rules made under it:

(f) Much of the content of the present regulations and all of the various forms of tertiary legislation relating to aviation safety (such as CASO’s and NOTAM’s) will be gradually replaced by rules made by the Minister of Transport:

(g) The Secretary for Transport will have power to make emergency rules:

(h) Different levels of safety may apply to different types of operations within the civil aviation system, so long as New Zealand meets the relevant international obligations in this area:

(i) The Bill specifies the persons who require civil aviation documents and allows the rules to specify activities that can be performed only by persons holding such documents:

(j) Applicants for certain civil aviation documents will have to satisfy a “fit and proper person” test.

Education Amendment Bill

This Bill amends and inserts new parts into the Education Act 1989.

Part I of the Bill covers Miscellaneous Amendments relating to such matters as foreign students, school holidays, payment of teacher salaries and powers of entry into schools.

Part II of the Bill relates to tertiary education and training and covers such matters as councils and their constitutions, duties, and functions and charters, corporate plans, staffing, bulk funding, finance and the National Education Qualifications Authority.

Part III of the Bill relates to student allowances and early childhood education and home-based care and covers such matters as funding, charters and licensing of Education Centres and the provision of student allowances.

The Title, Part I, (clauses 2 to 16), and provisions relating to the interpretation of terms which come into force when the Act receives the Royal assent. Provisions relating to the establishment of tertiary institutions and the Councils of those institutions and provisions establishing new authorities in connection with tertiary education and training come into force on 1 July 1990. Other provisions relating to tertiary institutions come into force on 1 September 1990. Certain amendments of the Access Training Scheme Act relating to Regional Employment and Access Councils come into force on 1 October 1990. Certain amendments of the Apprenticeship Act 1983 relating to the constitution of New Zealand Apprenticeship Committees come into force on 1 November 1990. Some of the provisions that amend regulations come into force on 1 January 1991 and others on 1 February 1991.

Health Research Council Bill

This Bill—

(a) Establishes the Health Research Council of New Zealand and defines its functions and powers; and

(b) Dissolves the Medical Research Council of New Zealand; and

(c) Provides for matters incidental thereto.

The provisions of the Bill have their origins in the recommendations of the committee established by the Cabinet in July 1988 to review the organisation and public funding of biomedical and health systems research in New Zealand.

The report of that committee was publicly released on 29 June 1989 under the title of Research for Health.

The Bill is to come into force on 1 July 1990.

State Insurance Bill

This Bill provides for the State Insurance Office to be constituted as a company under the Companies Act 1955 owned by the Crown. The Bill authorises the Minister of Finance and the responsible Minister, on behalf of the Crown, to form a public company under the Companies Act 1955 and to subscribe for and hold shares in the company, and provides that on a date to be appointed by the Governor-General by Order in Council, the property, rights, and liabilities of the State Insurance General Manager and the State Insurance Office shall vest in that company. The Bill contains a number of provisions that are consequential on the vesting of that property, and those rights and liabilities in the company.

The Bill makes consequential amendments to the Export Guarantee Act 1964.