A Notice of Proposed Rule Making (NPRM) asks for comments on the proposed rule changes during a consultation period where anyone can make a submission.

About the consultation process

Public consultation on proposed rules is provided for in section 34(1) of the Civil Aviation Act 1990. The CAA drafts civil aviation rules and carries out public consultation on draft rules on behalf of the Minister of Transport.

Submissions received on draft rules are summarised and analysed. The results are published as a summary of public submissions, with a copy of the NPRM, under:

NPRMs closed for submissions

The proposed rules will be reconsidered to take into account the submissions received. If necessary, we undertake further consultation with key groups before submitting proposed rules to government.

How to make a submission

Electronic (form below, or PDF) submissions are preferred to assist in compiling, but submissions can still be sent by post, or delivered in person.

Official Information Act

Submitters should note that subject to the Official Information Act 1982, any information attached to submissions will become part of the docket file and will be available to the public for examination at the CAA offices in the Asteron Centre, 55 Featherston Street, Wellington.

Submitters should state clearly if there is any information in their submission that is commercially sensitive, or for some other reason the submitter does not want the information to be released to other interested parties. The CAA will consider this in making a decision in respect of any Official Information Act requests. It should be noted that the CAA cannot guarantee confidentiality in respect of any specific submissions.

Open for comment

Performance-based navigation (PBN) regulatory framework

The existing regulatory framework for PBN is based on Civil Aviation Rules (CARs) that are unclear, out of date and do not fully support all aspects of PBN operations.

This creates an unnecessary regulatory burden that affects operators in terms of their understanding of requirements and their ability to maximise the benefits of PBN operations. It also affects the Civil Aviation Authority because of the additional resource needed to administer the requirements and the lack of a clear framework for implementing new and amended PBN specifications.

To address this problem, we are proposing a package of regulatory changes and associated guidance material that will create a modern, fit for purpose regulatory framework that enables the potential benefits of PBN to be achieved.

This package includes new and revised CARs, detailed technical and operational requirements contained in notices, and acceptable means of complying with requirements.

This package is made up of:

  • Civil Aviation Notices that prescribe operational and technical specifications for a range of navigation types (i.e. what the requirements are to operate using a given navigation specification)
  • CARs that require PBN operations to be carried out in accordance with the specifications prescribed in those Notices. (i.e. who must comply, and when)
  • An Advisory Circular (AC) that sets out how operators can comply with the requirements prescribed in the Notices and CARs.
  • CARs that require PBN flights to be operated with an appropriate means of navigating and landing the aircraft safely in the event of a loss of the primary means of navigation (referred to as “extraction and recovery”).
  • An AC that sets out a means by which operators can meet extraction and recovery requirements, and criteria for assessing alternative means of compliance.
  • The revocation of several existing CARs that will be superseded by requirements set out in new CARs and associated Notices.

We are seeking feedback on:

  • Three Civil Aviation Notices that prescribe operational and technical specifications for a range of navigation types (i.e. what the requirements are to operate using a given navigation specification). These notices will cover the RNP1, RNP4 navigation specifications and legacy GNSS navigation procedures. This is a subset of a larger suite of notices that will complete the PBN Regulatory Framework when it comes into effect in mid-2021, with the remaining notices to be released for public consultation in early 2021. 
  • A Notice of Proposed Rule Making (NPRM), which sets out proposed amendments to Civil Aviation Rules (CARs). This includes CARs that require PBN operations to be carried out in accordance with the specifications prescribed in the notices referred to above (i.e. who must comply, and when), and CARs that require PBN flights to be operated with an appropriate means of navigating and landing the aircraft safely in the event of a loss of the primary means of navigation (referred to as “extraction and recovery”). The NPRM also proposes the revocation of some existing CARs.
  • Advisory Circular AC91-21 Revision 2, which sets out means of complying with the operational and technical requirements prescribed in Notices (i.e. how operators can comply with requirement). This is drafted to reflect the regulatory framework as it would be with the proposed CARs and all navigation specification notices in force. As such, it refers to a number of notices that have not yet been drafted, but which will be consulted on separately in early 2021.
  • Advisory Circular AC91-XX, which sets out an acceptable means of compliance with extraction and recovery requirements.

Existing provisions within Parts 19D and 91 of the CARs will be replaced with an entirely new rule structure, and there is no simple one-to-one translation of existing requirements to equivalent new ones.

  • CAR 91.246, for operations in RNP airspace, is effectively replaced by new Notices setting out requirements for the PBN specifications that are in use in that airspace. Where an operator flying in RNP airspace would previously have been required to comply with all of the requirements of CAR 91.246, under the new regulatory framework, they would be required to operate according to the relevant RNP specification (i.e. RNP10 or RNP4) for the route being flown.
  • Training and operational requirements currently set out in CAR 19.205, 19.207 and 19.209(b) will be incorporated into Notices for each individual navigation specification
  • Equipment standard requirements set out in Appendix A, A9 and A10 are replaced by functional requirements prescribed in Notices
  • CAR 19.209(a) will be replaced by a performance-based CAR requirement that flights must be operated with an alternative means of navigation that enables the aircraft to navigate and land safely.
  • CAR 19.211 relating to supplementary GPS equipment is to be revoked without replacement. This provision is redundant as it does not enable or preclude anything that is not addressed elsewhere in the regulatory framework.
  • CAR 91.519 is to be replaced by CARs requiring aircraft to be equipped with appropriate navigation equipment (as specified in Notices), and CARs specifying how compliance with Notice requirements must be demonstrated.

In early 2021, we will be releasing the remaining navigation specification notices for public consultation. These, in conjunction with the three notices included in this consultation, will form a complete set of technical and operational requirements for all navigation specifications that have been implemented in New Zealand or that may be used by New Zealand registered aircraft.

    • RNP10
    • RNAV5
    • RNAV2
    • RNP2
    • RNAV1
    • RNP-APCH
    • RNP-AR
    • RNP0.3(H)

 

More information

If you require more information about a current NPRM, please contact the CAA representative listed in the NPRM.

For general enquiries about our consultation process, contact us.