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Part XXXVI Airport (Amendment 3 1962)

The above-mentioned New Plymouth Airport By-law 1962 being Amendment No. 3, 1962 (Part XXXVI Airport) to the New Plymouth City Consolidated By-law 1958, Division I General, was duly made by the New Plymouth City Council by Special Order passed at a special meeting of the Council held on the 21st May 1962 and (in the meanwhile having been publicly notified) confirmed at a subsequent meeting of the Council held on the 18th June 1962.

THE COMMON SEAL OF THE MAYOR COUNCILORS AND CITIZENS OF THE CITY OF NEW PLYMOUTH was hereto affixed to the above printed Special Order and by-law at the offices of and pursuant to a resolution of the New Plymouth City Council in the presence of:

A. G. HONNOR, Mayor.
F. P. GRUNDY, Councillor.
W. J. CONNOR, Town Clerk.

The above-mentioned Airport By-law 1962 was approved pursuant to section 46 of the Statutes Amendment Act 1936 by the Minister in Charge of Civil Aviation on the sixth day of September 1962.

JOHN McALPINE,
Minister in Charge of Civil Aviation

In pursuance and exercise of the powers, authorities and provisions contained in the New Plymouth Airport Act, 1961, the Local Authorities Empowering (Aviation Encouragement) Act, 1929, the Municipal Corporations Act, 1954, and all other powers authorities and provisions enabling it in that behalf, the New Plymouth City Council hereby makes by way of special order the following By-law.

1. Amendment

The New Plymouth City Consolidated By-law 1958, Division I – General is herby amended by adding this By-law thereto as Amendment No. 3, 1962 (Part XXXVI Airport).

2. By-law incorporated with Consolidated By-law, 1958

This By-law which may be cited as the “New Plymouth Airport By-law 1962” shall be read together with and form part of the New Plymouth City Consolidated By-law, 1958, Division I – General.

3. Date of coming into force and citation

This By-law shall come into force 28 days after this By-law has been approved by the Minister in Charge of Civil Aviation pursuant to section 46 of the Statutes Amendment Act 1936.Return to top

4. Interpretation

In this By-law, or in any By-law made in substitution therefore or in amendment thereof, unless the context otherwise requires:

“Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air.

“Airport” means the area of land described in the Schedule to the New Plymouth Airport Act, 1961, and any other area of land which may at any time be appropriated by the Council for the purposes of an Airport or Aerodrome.

“Airport official” means any person authorised by the Council to act for the Council in the management or administration of the Airport and has on the outside of his cap, hat or any other part of his clothing a badge, sign or other indication that he is an officer or servant of the Council.

“Council” means the New Plymouth City Council.

“Hangar” includes any building used for the storage, shelter or repair of aircraft.

“Manoeuvring area” means that part of an Aerodrome or Airport to be used for the take off and landing of aircraft and for the movement of aircraft associated with take off and landing.

“Minister” means the Minister of Civil Aviation.

“Officer in charge” means and includes any person for the time being appointed by the Council to control or supervise activities at the Airport.

“Vehicle” does not include an aircraft.

5. Admission to prescribed areas

The Council may from time to time by resolution prescribe areas or places in the Airport to which access by the public shall or shall not be permitted.Return to top

6. Charges for admission

(1) The Council may at any time and from time to time, subject to the precedent approval of the Minister, by resolution prescribe charges to be payable by members of the public for admission to the Airport, or any grandstand, building, structure, or erection or any enclosure or area at the Airport at any time by resolution set apart or defined by the Council, or to any lands the property of or controlled by the Council that may be adjacent to the Airport.

(2) No member of the public shall enter or attempt to enter the Airport or any such grandstand, building, structure, erection, enclosure or area without paying the charge prescribed under sub-clause (1) of this clause.

(3) Any member of the public who shall be on the airport, or any such grandstand, building, structure, erection, enclosure or area who shall not have paid the charge prescribed under sub-clause (1) of this clause shall on the request of an Airport official forthwith leave the Airport or such grandstand, building, structure, erection, enclosure, or area, as the case may be.

(4) In any proceedings for a breach of sub-clause (3) of this clause the onus of proving that the prescribed admission fee has been paid shall rest on the person charged with such breach.

7. Trespassing

(1) No member of the public shall without the consent of an Airport official enter or remain upon any part of the Airport or any hangar, building, structure, or erection at or on the Airport in respect of which a notice is exhibited in a conspicuous place that entry thereon is prohibited.

(2) Any member of the public who, on being requested by an Airport official to leave any landing area, or any part of the Airport, hangar, building, structure or erection mentioned in sub-clause (1) of this clause refuses to do so shall be guilty of an offence.Return to top

8. Offences

No person shall while on the Airport:

(1) Obstruct, hinder or interfere with the conduct or use of the Airport or any part thereof.

(2) Obstruct, hinder or interfere with any Airport official acting in the execution of his duty in relation to the Airport.

(3) Remain on the Airport or any part thereof after having been required to leave the Airport or such part by any Airport Official because of any breach of this By-law committed by such person.

(4) Bring any vehicle or animal on the Airport or any part thereof if the bringing of such vehicle or animal on the Airport or such part thereof is prohibited by a notice exhibited at the entrance to the Airport or such part or in some other conspicuous position.

(5) Allow any vehicle or animal to be or remain on the Airport or any part thereof the presence of which on the Airport or such part is prohibited under this By-law.

(6) Fail to remove any vehicle or animal from the Airport or any part thereof after being required by any Airport Official to remove such vehicle or animal from the Airport or such part thereof.

(7) Fail to keep any animal in his charge under proper control.

(8) Smoke or bring or make any naked light in or into:
(a) Any place where a notice prohibiting smoking or bringing or making any naked light in or near such place is exhibited in a conspicuous position.
(b) Any place within fifty feet of any aircraft or store of liquid fuel or explosives.

(9) Light a fire in any place other than a fire constructed for that purpose.

(10) By any act or omission cause or tend to cause an outbreak of fire.

(11) Board or attempt to board any aircraft without the authority of the person in charge thereof.

(12) Interfere or tamper with any aircraft or any part thereof or anything used in connection with any aircraft.

(13) Throw, drop or leave anything in any place where such throwing, dropping, or leaving may cause injury to any person or property.

(14) Climb or attempt to climb any building, wall, fence, barrier, railing or pose.

(15) Wilfully give a false fire or ambulance alarm.

(16) Walk on or damage any flower-bed, garden, lawn, or grass-plot or anything growing therein.

(17) Remove, pick or damage any tree, shrub or plant.

(18) Use any language likely to cause offence or annoyance to any person.

(19) Behave in an indecent or disorderly manner.

(20) Be intoxicated.

(21) Drop or leave any litter except in a receptacle provided for the purpose.Return to top

9. Prohibitions

No person shall unless he has previously been given permission to do so by the Officer in charge or any Airport official:

(1) Enter or leave the Airport otherwise than by a gate or entrance for the time being provided for the purpose.

(2) Remove, displace, damage, deface, or alter any building, structure, erection or other property on the Airport, whether movable or immovable (including any notice or sign) forming part of or provided for or in connection with the Airport.

(3) Dig, cut or remove any soil or turf on the Airport.

(4) Graze any animal on the Airport.

(5) On the Airport, sell, hire or distribute anything or offer to sell, hire, or distribute anything, or make any offer of services.

(6) On the Airport exhibit any notice, sign or advertisement except on premises which the person exhibiting such notice, sign or advertisement is authorised to occupy, in which case the exhibiting shall be in accordance with the terms of such occupation.

(7) Fill or discharge from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for the purpose.

(8) Take any motor vehicle into any hangar on the Airport owned by the Council or under its control and used for the maintenance or storage of aircraft.

(9) Run an aircraft engine in any hangar owned by or under the control of the Council.Return to top

10. Traffic

(1) No person shall drive or place any vehicle on the Airport negligently, carelessly, dangerously, or without due consideration for persons using the Airport.

(2) No person shall drive a vehicle on the Airport elsewhere than in any place provided for the passage of such vehicle.

(3) Any person driving a vehicle on the Airport shall comply with any direction for the regulation of traffic given by a constable, Airport official or any traffic sign exhibited in a prominent position.

(4) Any person driving a vehicle on the Airport shall stop when required by any Airport official to do so.

(5) The driver of any vehicle which is involved in an accident on the Airport shall forthwith:
(a) Report such accident to an Airport official.
(b) Give him his name and address and the name and address of the owner of such vehicle; and
(c) On demand give his name and address and the name and address of the owner of such vehicle to any other person having reasonable grounds for making such demand.Return to top

11. Suspected persons

Any person on the Airport who is suspected by any constable or Airport official of having committed an offence against any of the provisions of this By-law shall, on being requested so to do by such constable or Airport official, correctly state his name and address and the purpose of his being on the Airport.

12. Parking of vehicles

(1) The Council may at any time and from time to time subject to the precedent approval of the Minister by resolution prescribe charges to be payable for the parking of vehicles on the Airport or any part or parts of the Airport or on any lands the property of or controlled by the Council that may be adjacent to the Airport.

(2) No person shall park any vehicle on the Airport or any part thereof or on any adjacent lands as aforesaid excepting in a place provided for the parking of vehicles.

(3) The person in charge of any vehicle which is parked on the Airport or any part thereof or on any adjacent lands as aforesaid shall, if required by any constable or Airport official to do so, forthwith remove any such vehicle to some authorised place.

13. Fees for housing aircraft

The Council may at any time and from time to time subject to the precedent approval of the Minister by resolution prescribe charges to be payable for the housing of aircraft at the Airport.

14. Authorised person under Civil Aviation Act 1948 or regulations not to be obstructed

Nothing in this By-law shall be read or construed as authorising or justifying the obstruction or impeding of any authorised person from acting at the Airport in the exercise or performance of any powers or duties conferred on him by the Civil Aviation Act 1948 or any regulations made thereunder.Return to top