[This Bill was formerly Part V of the Transport Safety
Bill (125-2) as reported from the Transport Committee.
[As REPORTED FROM THE TRANSPORT COMMITTEE]
Howe of Representatives, 12 November 1992.
Words struck out are shown in italics within bold
round brackets, or with black rule at beginning and after
last line; words inserted are shown in roman underlined
with a single rule, or with single rule before first line and
after last line.
[As REPORTED FROM THE COMMITTEE OF THE WHOLE HOUSE]
House of Representattoes, 2 December 1992.
Words struck out are shown with double black rule at
beginning and after last line; words inserted are shown
in roman underlined with a double rule, or with double
rule before first line and after last line.
Hon. W. Rob Storey
TRANSPORT ACCIDENT INVESTIGATION
COMMISSION AMENDMENT
ANALYSIS
Title
105A. Commission to notify Secretary of
accidents and incidents not being
1. Short Title and commencement
investigated
103. Interpretation
103A. Membership of Commission
108B. Appointment of assessors
106. Powers oi entry and investigation
107. Accidents to be investigated
107A. Conduct of investigation
104. Functions of Commission
105. Commission may make reports to Secretai-y
and
give
notice
where
appropriate
A BILL INTITULED
An Act to amend the Transport Accident Investigation
Commission Act 1990
BE IT ENACTED by the Parliament of New Zealand as follows:
Price Code: J
No. 125-SE
Transport Accident Investigation
2
Commission Amendment
1. Short Title and commencement-(1) This Act may be
cited as the Transport Accident Investigation Commission
Amendment Act 1992, and shall be read together with and
deemed part of the Transport Accident Investigation
Commission Act 1990 (hereinafter referred to as the principal 5
Act).
(2) Except as provided in section 103A (2) of this Act, this Act
shall come into force on the 1st day of April 1993.
[Part I of the Transport Safety Bill ( 125-2), as reported 10
from the Transport Committee, is now the Transport
Amendment Bill (No. 8) (125-SA), as reported from the
Committee of the whole House.
[Part II of the Transport Safety Bill (125-2), as
reported, is now the Transport Services Licensing 15
Amendment Bill (No. 3) (125-38), as reported.
[Part III of the Transport Safety Bill (125-2), as
reported, is now the Transport (Vehicle and Driver
Registration and Licensing) Amendment Bill (125-Sc), as
reported.
20
[Part IV of, and the Schedules to, the Transport Safety
Bill (125-2), as reported, are now the Railway Safety and
Corridor Management Bill (125-31)), as reported.]
Struck Out
1
1
103. Interpretation-(1) Section 2 of the principal Act is 25
hereby amended by repealing the definition of the term
"accident", and substituting the following defmition:
" 'Accident',-
"(a) In relation to aviation, has the same meaning
as in section 2 of the Civil Aviation Act 1990; and 30
"(b) In relation to a rail service, means any accident
that involves a rail service vehicle and results in
serious injury or death to any person or results in
serious damage to any rail service vehicle:".
(2) Section 2 of the principal Act is hereby further amended 35
by repealing the defmition of the term "incident", and
substituting the following definition:
1
1
Transport Accident Investigation
3
Commission Amendment
Struck Out
Incident',-
"(a) In relation to aviation, has the same meaning
as in section 2 of the Civil Aviation Act 1990; and
5 "(b) In relation to a rail service, means any
occurrence, other than an accident, that is associated
with a rail service vehicle and affects or could affect
the safety of the operation of any rail service
vehicle:".
10 (3) Section 2 of the principal Act is hereby further amended
by inserting, after the defmition of the term "Minister", the
following definition:
Rail service vehicle' has the same meaning as in section
2 of the Transport Services Licensing Act 1989:".
15
New
1
1
108. Interpretation-Section 2 of the principal Act (as
amended by section 39 of the Civil Aviation Amendment Act
1992) is hereby amended by repealing the definitions of the
terms "accident" and "mcident", and substitutmg in their
20 appropriate alphabetical order the following definitions:
"' Accident',-
"(a) In relation to aviation, has the same meaning
as in section 2 of the Civil Aviation Act 1990; and
"(b) In relation to a rail service, has the same
25 meaning as in section 2 of the Transport Services
Licensing Act 1989:
Incident',-
"(a) In relation to aviation, has the same meaning
as in section 2 of the Civil Aviation Act 1990; and
30 "(b) In relation to a rail service, has the same
meaning as in section 2 of the Transport Services
Licensing Act 1989:
Rail service vehicle' has the same meaning as in section
2 of the Transport Services Licensing Act 1989:
1
4
Transport Accident Investigation
Commission Amendment
New
New
1
Secretary' means the chief executive of the Ministry of
Transport."
103A. Membership of Commission-(1) Section 5 (2) of 5
the principal Act is hereby amended(a) By omitting the word "expertise", and substituting the
words "qualifications and experience":
(b) By omitting the words "in such matters".
(2) This section shall be deemed to have come into force on 10
the 1 st day of September 1990.
1038. Appointment of assessors-(1) The principal Act is
hereby amended by inserting, after section 5, the following
section:
"SA. (1) The Commission may from time to time appoint, on 15
such terms as the chief executive and the appointee may agree,
any suitably qualified person to be an assessor for the purposes
of any investigation under this Act.
"(2) The Commission may co-opt for such term as it thinks fit
any assessor to be a member of the Commission. 20
"(3) A co-opted member of the Commission shall be entitled
to attend and speak at any meeting of the Commission, but
shall not be entitled to vote on any question unless authorised
to do so by resolution of the Commission."
(2) Every appointment of an assessor made by or on behalf of 25
the Commission before the commencement of this section is
hereby declared to be and always to have been lawful, and no
decision or act of the Commission shall be called into question
by reason only that such an assessor was present at the meeting
of the Commission that made the decision or authorised the 30
act.
1
Transport Accident Investigation
5
Commission Amendment
Struck Out
1
104. Functions of Commission-Section 8 (2) (f) of the
principal Act is hereby amended by insertin, after the words
'section 27 of the Civil Aviation Act 1990 ', the words
or
5 section 39c of the Transport Services Licensing Act 1989".
105. Commission may make reports to Secretary and
give notice where appropriate-Section 9 of the principal
Act is hereby amended by omitting the word "aviation' in both
places where it occurs, and substituting in each case the word
10
"transport".
6
1
New
104. Functions of Commission-Section 8 (2) (f) of the
principal Act is hereby amended-
(a) By inserting, after the expression " 1990", the words "or
15 section 39c of the Transport Services Licensing Act
1989":
(b) By inserting, after the word "Authority" (as substituted by
section 39 of the Civil Aviation Amendment Act
1992), the words "or the Secretary, as the case may
20 require,".
105. Commission may make reports to Secretary and
give notice where appropriate-(1) Section 9 (1) of the
principal Act is hereby amended by inserting, after the word
"Authority" (as substituted by section 39 of the Civil Aviation
25 Amendment Act 1992), the words "or the Secretary".
(2) Section 9 of the principal Act is hereby further amended
by omitting the word "aviation" in both places where it occurs,
and substituting in each case the word ' transport".
105A. Commission to notify Secretary of accidents and
30
incidents not being investigated-Section 10 of the
principal Act is hereby amended by inserting, after the word
"Authority" (as substituted by section 39 of the Civil Aviation
1
1
Transport Accident Inuestigation
6
Commission Amendment
New
1
1
Amendment Act 1992), the words "or the Secretary, as the case
may require,".
1
1
106. Powers ofentry and investigation-(1) Section 12 of
the principal Act is hereby amended by inserting, after the 5
wora "aircraft," wherever it occurs, the words "rail service
vehicle,".
New
1
1
(2) Section 12 (1) (c) of the principal Act is hereby amended
by inserting, after the word "Where", the words "the 10
Commission believes on reasonable grounds that it is".
1
107. Accidents to be investigated-(1) The principal Act is
hereby amended by repealing section 13, and substituting the
following section:
"13. (1) As soon as practicable after an accident has been 15
notified to the Commission under section 27 of the Civil
Aviation Act 1990 or under section 39c of the Transport Services
Licensing Act 1989, the Commission shall investigate the
accident if-
"(a) In the case of an aviation accident,- 20
"(i) The accident involves a foreign aircraft (being
an accident that is required by the Convention to be
investigated); or
"(ii) The accident is at the interface of the civil
and military aviation systems; or 25
"(iii) The accident involves an aircraft that is used
principany for (the t*ransport Of passengers oT goods Jo*r
hire or reward) air transport operations; or
"(iv) The accident involves an aircraft exceeding a
weight of 2250 kg maximum certified take-off mass; 30
or
"(v) The accident involves the death of any
person; or
"(vi) The accident involves a missing aircraft; or
Transport Accident Investigation
7
Commission Amendment
"(b) In the case of a rail service accident, the accident
involves the death of any person.
"(2) The power conferred by subsection (1) (a) (ii) of this section
shall include the power to investigate any aviation accident or
5 incident that involves any combination of military and non-
military persons, aircraft, aerodromes, aeronautical products,
or aviation related services.
"(3) The Commission may investigate such additional
accidents or incidents referred to it in accordance with section
10 27 of the Civil Aviation Act 1990 or section 39c of the Transport
Services Licensing Act 1989 as it deems necessary.
Struck Out
1
1
"(4) If an accident or incident has not been notified to the
Commission in accordance with section 27 of the Civil Aviation
15 Act 1990 or section 39c of the Transport Services Licensing Act
1989, and the accident or incident is required to be investigated
under subsection (1) of this section, the Commission shall, after
requesting information from the Secretary under section 8 (2)
(f) of this Act, commence such investigation of the accident or
20 incident as it considers appropriate.
1
1
New
1
1
"(4) If an accident or incident has not been notified to the
Commission in accordance with section 27 of the Civil Aviation
Act 1990 or section 39c of the Transport Services Licensing Act
25 1989, and the accident or incident is one that would be
required to be investigated under subsection (1) of this section ifit
were so notified, the Cornmission,-
"(a) In the case of an aviation accident or incident, shall
commence an investigation of the accident or
30 incident:
"(b) In the case of a rail service accident or incident, may
commence an investigation of the accident or
incident.
1
1
"(5) Where the Comrnission proposes to undertake an
35 investigation under this section, the Commission shall notify the
(Secretary) Authority or the Secretary, as the case mav require,
of its proposal as soon as is practicable.
8
Transport Accident Investigation
Commission Amendment
"(6) For the purpose of subsection (2) of this section, 'military'
means, with respect to any aircraft or facility, an aircraft or
facility operated by the New Zealand Defence Force or a
visiting force."
5
New
(2) The Civil Aviation Amendment Act 1992 is hereby
amended by repealing so much of the Second Schedule as
relates to section 13 of the prmcipal Act.
Struck Out
107A. Conduct of investigation-Section 14 (3) of the
10
principal Act is hereby amended by inserting, after the words
"the consent of the Comrnission," the words "which consent
shall not be unreasonably withheld,".
1
New
1
1
107A. Conduct of investigation-Section 14 (3) of the
15
principal Act is hereby amended(a) By inserting, after the words "the consent of the
Commission,", the words "which consent shall not be
unreasonably withheld":
(b) By inserting, after the word "Authority" (as substituted by
section 39 of the Civil Aviation Amendment Act
1992), the words "and the Secretary".
1
1
20
9
T'ransport Accident Investigation
Commission Amendment
[Part VI of the Transport Safety Bill (125-2), as
reported from the Transport Committee, is now the
Local Government Amendment Bill (No. 6) (125-SF), as
reported from the Committee of the whole House.
5 [Part VII of the Transport Safety Bill (125-2), as
reported, is now the Road User Charges Amendment Bill
(125-BG), as reported.]
WEUINGTON, NEW ZEALAND: Published under the authority of the
New Zealand Government-1992
38435D -92/NS