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Popgun
3rd Feb 2013, 20:28
Does anyone know the legality of privately operating a ZK-registered aircraft in Australia?

I've searched Google and the CASA website for several hours but can't find any reference.

Can a NZ-licensed pilot operate a private NZ-registered aircraft in Australia indefinitely? Or is there a time limit beyond which the aircraft has to be transferred to the Australian register?

I'll try calling CASA later but many thanks for any info in the meantime.

PG

Frank Arouet
4th Feb 2013, 00:01
Please let us know how you get on with CAsA.

I believe, but I was wrong once before, that both Aust and NZ are ICAO signatories. You may as well ask the NZ CAA.

waren9
4th Feb 2013, 05:41
TTMRA?

….

hiwaytohell
4th Feb 2013, 10:13
I think you will find the key will be ensuring compliance with its NZ system of maintenance whilst in Aus

Lasiorhinus
4th Feb 2013, 10:54
You're not going to get anything intelligent out of CASA - they will simply tell you to transfer it to the Australian register so that they can get your registration fees from you. Forget CASA. It is not an Australian registered aircraft, so it is none of their business.

From an aviation law perspective, there is no restriction on how long a foreign registered aircraft may remain in Australia. Licensing for the pilot, being a New Zealand registered aircraft, is covered by NZ CAR 61.5 Requirement for pilot licence and ratings

(b) Pilot licence – New Zealand aircraft operating outside New
Zealand: Except as provided in paragraph (n), a pilot of a New Zealand
registered aircraft operating outside New Zealand must hold an appropriate
current pilot licence—
(1) issued in accordance with this Part; or
(2) issued or validated by the pilot licensing authority of the country
in which the aircraft is operated; or


The bit you'll need to be careful of is Australian Customs law. If you are deemed to have imported the aircraft to Australia, you will need to pay import duty on it. Be careful here - because the aviation law makes reference to importing and exporting of aircraft broadly equating to adding or removing an aircraft from the Civil Aircraft Register.
But Customs do not care under which state you've registered the aircraft; if you bring it to Australia permanently, you have deemed to have imported it, and they want their tax.
(Note; importing for a period of less than 12 months with the intention to re-export it within that time can be exempt, but you will need to pre-purchase a Carnet du Passage ).

Fact Sheet for importing aircraft (Australian Customs) (http://www.customs.gov.au/webdata/resources/files/ImportingAircraftFactSheet.pdf)


Maintenance is quite straightforward:
NZ CAR 43.101 Persons to certify release-to-service
(a) Except as provided in paragraph (b), and subject to paragraph (c) and
rule 43.54, a person must not certify an aircraft or component for release-toservice
after maintenance unless that person—

(5) for maintenance performed outside New Zealand, holds an
appropriate current maintenance engineer licence or approval
issued under the authority of an ICAO Contracting State,
acceptable to the Director, for the type of aircraft or component;

So, if you're an Australian LAME, in Australia, you're allowed to carry out maintenance on a New Zealand registered aircraft.

However - The following two items can neither be performed nor certified by a foreign LAME; they must be performed by the holder of a NZ CAA Inspection Authorisation Certificate holder (IA)
Annual Review of Airworthiness (ARA) - see CAR 43.151
Major modifications or major repairs - see CAR 43.103

Frank Arouet
5th Feb 2013, 09:49
Thanks warren9 for the PM;

Trans Tasman Mutual Recognition Agreement sounds about right.

I am interested in this subject because, and depending the outcome after 14 SEP, I may indeed become a KIWI.

Be nice to fly my MU2 where and when I want. (small problem with Lotto is the only hurdle- lest I sail).

Lasiorhinus
5th Feb 2013, 12:17
depending the outcome after 14 SEP, I may indeed become a KIWI.

Care to put your money where your mouth is?

Which outcome of the election would prompt you to become a Kiwi?

How soon after the election will you emigrate?


$100 says you won't do it, no matter who wins.

Frank Arouet
5th Feb 2013, 23:34
As I said, there is a minor matter of a Lotto win before I can afford to gamble on future habitats. However my aircraft is for sale and the funds will go a long way toward my new abode which will be a 36' Sloop. Where I moor that then becomes my home I guess.

I may elect to live in Vanuatu.

If you know something about upcoming Lotto results, I would gladly take your bet. Alas unless you can tell me the numbers, I may just as well piss it up against a wall.

As this is an aviation forum, I won't enter into my politics, but I will say neither side show any promise with encumbant or Opposition Ministers for things flying.:)

T28D
5th Feb 2013, 23:51
The last company we set up is in N.Z. Auckland, really easy process helpful regulator took 48 hours.

peterc005
6th Feb 2013, 05:27
Frank, let me know if you decide to emigrate. Very decent of you to do your bit to improve the country.

I'll contribute $100 towards the cost of a taxi fare to get you to the airport.

Right now there is no better place to live in the world that I can think of. This is unlikely to change in the foreseeable future.

I get the impression that grumpy old men with whacko conspiracy theories are fashionable in Texas, you might also want to consider this as an option as well.

thorn bird
6th Feb 2013, 07:19
"Right now there is no better place to live in the world that I can think of."

Couldn't agree with you more Pete, unless you wanted to be involved in aviation.
How long will it stay the "Lucky Country" though? Once corruption becomes institutionalized and apparently condoned, and the rule of law subverted, its a short slippery slope to banana republic.

RadioSaigon
6th Feb 2013, 07:42
Once corruption becomes institutionalized and apparently condoned...

No need to wait. Just take off the rose-tinted glasses and have an honest look around you :ok:

Returning to the OP's query however: VH-CAT flew (essentially commercially) in NZ for quite some time, some years ago now, after CAA NZ had a brain-fart over 1st of type certifications, commercial ops, adventure aviation et al. She stayed on the AUS register throughout, offering aerobatic adventure flights aroun NZQN. if memory serves, pax had to join a "club" prior to their flight, making the operation "aerial work" rather than the "air transport" it strictly was. Took it all back to PVT ops as I recall. Someone else will remember better.

Frank Arouet
6th Feb 2013, 08:31
"Right now there is no better place to live in the world that I can think of."

Yes NZ is a beautiful place to live. I lived there for two years.

I'll contribute $100 towards the cost of a taxi fare to get you to the airport.

Why don't you just give it to Lasiorhinus to cover his/ my wager. PS. did it escape your attention that if I do go, it will be by boat not via the airport.

This is unlikely to change in the foreseeable future

Or better perhaps put your money where your mouth is and we can divide the $100 after 14 SEP.

I've also been to Texas. Overnight stop in what can basically be called the end of the world. Missed chinchilla by that much. Didn't see any grumpy old men, but had a grand time with the local squatters daughter.

E&OE due to time warp you live in.

LeadSled
7th Feb 2013, 01:04
However - The following two items can neither be performed nor certified by a foreign LAME; they must be performed by the holder of a NZ CAA Inspection Authorisation Certificate holder (IA)
Annual Review of Airworthiness (ARA) - see CAR 43.151
Major modifications or major repairs - see CAR 43.103

Folks,
NZ LAME license issue, based on Australian LAME licenses held, is simple, straightforward and cheap.
There are a number of NZ CAA IAs in Australia, any LAME who wants IA authorization needs to do a short course with NZ CAA, from memory three days.

In short, there will be no major obstacle to operation of a ZK- aircraft in Australia on private operations, for considerable periods of time,as long as it returns to NZ from time to time. In practice, the periods involved are not rigid, unlike a few other countries.

Tootle pip!!
Tootle pip!!

baron_beeza
10th Feb 2013, 12:03
any LAME who wants IA authorization needs to do a short course with NZ CAA, from memory three days.

Not quite as easy as this but what you are saying is essentially correct.

There are several prerequisites for attendance of the IA course and I recall it was having held a NZ LAME Licence for 5 years. They will be pretty strict on this as the IA is basically doing the Annual Review on behalf of the CAA. They will want a senior LAME known to the system and it is a completely different function to the LAME content of the annual.
For what it is worth I have never used a NZ licence within Oz but I have operated the A&P.

Once again you would need to be a FAA IA in this case to certify the annual on a 'N' reg machine.

It will be the Annual / Annual Review that may cause the issues. As mentioned there are any number of NZ IA operating within Aussie already... the difference may be that they are currently certifying on their CASA licence.

I am sure some are certifying NZ reg machines already of course. Vincent comes to mind but they are operating on a Operators System of Maintenance, not at all the same as the Annual Review. Private operators will be operating under Parts 91 and 43.

The IA needs to attend a refresher course every 5 years also, again just a requirement to keep the certificate current.