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PART 2
ENTRY INTO THE CIVIL AVIATION SYSTEM

 

25. Requirement to register aircraft - (1) Except as otherwise provided in this Act or rules made under this Act, every person lawfully entitled to the possession of an aircraft for a period of 28 days or longer of an aircraft which flies to, from, within, or over Cook Islands territory must register that aircraft and hold a valid certificate of registration for that aircraft from-

 

(a) The Director; or

 

(b) The appropriate aeronautical authorities of a contracting State of ICAO; or

 

(c) The appropriate aeronautical authorities of another state that is party to an agreement with the Government of the Cook Islands which provide for the acceptance of each other's registrations.

 

(2) No aircraft may be registered in the Cook Islands it is registered in any other country.

 

(3) The Director may decline to register any aircraft in accordance with the rules.

 

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to the High Court under section 73.

 

26. Requirement for aviation document - (1) The rules may specify that an aviation document is required by or in respect of all or any of the following:

 

(a) Cook Islands registered aircrafts;

 

(b) Aircraft pilots;

 

(c) Flight crew members;

 

(d) Air traffic service personnel;

 

(e) Aviation security services personnel;

 

(f) Aircraft maintenance personnel;

 

(g) Air services;

 

(h) Air traffic services;

 

(i) Aerodromes and aerodrome operators;

 

(j) Navigation installation providers;

 

(k) Aviation training organisations;

 

(l) Aircraft design, manufacture, and maintenance organisations;

 

(m) Aeronautical procedures;

 

(n) Aviation security services;

 

(o) Aviation meteorological services;

 

(p) Aviation communications services;

 

(q) Any persons, services, or things within any of the classes specified in paragraphs (a) to (p) of this subsection;

 

(r) Such other persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the rules.

 

(2) The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, must be prescribed by the rules.

 

(3) Subject to any rules, an aviation document may be issued by the Director for such specified period and subject to such condition as the Director considers appropriate in each particular case.

 

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to the High Court under section 73.

 

27. Application for aviation document - (1) Every application for the grant or renewal of an aviation document must be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.

 

(2) Every applicant for an aviation document must include in the application the applicant's address for service in the Cook Islands including, where applicable, telephone and facsimile numbers.

 

(3) The Secretary must ensure that a record of all information order this provided under this section is maintained at the Civil Aviation Registry.

 

(4) Every holder of an aviation document must maintain the currency of the information provided under subsection (2) by promptly notifying the Secretary of any changes to the address, telephone number, or facsimile number.

 

(5) Service of any notification under this Act on a holder of, or applicant for, an aviation document is effective service if served on the address last provided by that holder or applicant under this section.

 

28. Grant or renewal of aviation document - (1) After considering any application for the grant or renewal of an aviation document, the Director must, as soon as is practicable, grant the application if he or she is satisfied that-

 

(a) All things in respect of which the document is sought meet the relevant prescribed requirements; and

 

(b) The applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document-

 

(i) Either holds the relevant prescribed qualifications and experience or holds such foreign qualification as are acceptable to the Director under subsection (2); and

 

(ii) Is a fit and proper person to have such control or hold the document; and

 

(iii) Meets all other relevant prescribed requirements; and

 

(c) It is not contrary to the interests of aviation safety or security for the document to be granted or renewed.

 

(2) In considering any application for the grant or renewal of an aviation document, the Director-

 

(a) Must have regard to, and give such weight as the Director considers appropriate to, the advice and recommendations provided by approved organisations contracted by the Minister under section 6(2)(b); and

 

(b) May, subject to any provisions in the rules, accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case.

 

(3) It is a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document continue to satisfy the fit and proper person test specified in subsection (1)(b)(ii).

 

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to the High Court under section 73.

 

 


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