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Air Services Agreement between the Government of New Zealand and the Government of the Independent State of Samoa [1973] PITSE 3 (19 April 1973)

AGREEMENT BETWEEN THE GOVERNMENT OF NEW AND THE GOVERNMENT OF WESTERN SAMOA CONCERNING CIVIL AVIATION

(Apia, 19 April 1973)

ENTRY INTO FORCE: 19 APRIL 1973

THE GOVERNMENT OF NEW ZEALAND AND THE GOVERNMENT OF THE INDEPENDENT STATE OF WESTERN SAMOA (hereinafter referred to as the 'Government of Western Samoa'),

DESIRING to continue and strengthen the tradition of mutual cooperation and the friendly relations which exist between them,

CONSIDERING that the Government of New Zealand, at the request of the Government of Western Samoa, has expressed its willingness to provide assistance in the maintenance and development of civil aviation facilities in Western Samoa by means of certain financial assistance, advice, technical training facilities, personnel and equipment,

CONSIDERING also that the Government of Western Samoa is desirous of giving de facto effect in its territory so far as practicable to the provisions of Part I of the Convention on International Civil Aviation signed at Chicago on 7 December 1944 and to the International Standards, Recommended Practices and Procedures adopted as Annexes to the said Convention,

HAVE AGREED AS FOLLOWS:

Article I

Definition of Terms

For the purposes of this Agreement the term

(1) 'Act’ means the Civil Aviation Act 1963 enacted by the Parliament of Western Samoa;

(2) Convention' means the Convention on International Civil Aviation signed at Chicago on 7 December 1944;

(3) 'Director of Civil Aviation' means the Director of Civil Aviation in New Zealand;

(4) ‘Minister’ means the Minister of Civil Aviation for Western Samoa;

(5) ‘Western Samoa’, where used as a territorial description, means the land area of Western Samoa and the territorial waters adjacent thereto.

Article II

Application of the Convention on International Civil Aviation

(1) The Provisions, International Standards, Recommended Practices and Procedures contained in Part I of the Convention and in the Annexes to the Convention together with any amendments to Part I of the Convention or to any such Annexes which are made in accordance with the terms of the Convention, shall, as far as is practicable, be applied in the administration of Civil Aviation in Western Samoa.

Article III

Responsibilities of the Government of New Zealand

The Government of New Zealand agrees:

(1) that the services of the New Zealand authorities shall be available to the Government of Western Samoa for consultation and advice on civil aviation matters generally;

(2) that the Director of Civil Aviation will exercise the powers delegated to him under the Act as set out in the Instrument of Delegation as Annex A to this Agreement;

(3) that it will provide training facilities for officers recruited into the Western Samoan Public Service and required for the administration and operation of civil aviation in Western Samoa in accordance with the provisions of Article 5(2) of this Agreement;

(4) that, pending the availability of staff recruited locally in Western Samoa and capable of performing the particular duties required, it will make available for duty in Western Samoa and to the maximum practicable extent, suitable officers of the New Zealand Public Service.

Article IV

Responsibilities of the Government of Western Samoa

The Government of Western Samoa agrees:

(1) that the Minister, in exercising his powers set out in Part VII of the Act, shall consult with the Director of Civil Aviation to ensure that the safety of operation of aircraft shall in no way be prejudiced;

(2) that the Minister will, on the request of the Director of Civil Aviation in pursuance of his responsibilities under this Agreement, recruit into the Western Samoan Public Service, such officers, not being members of the New Zealand Public Service, as may be required for the safety of operation of civil aviation in Western Samoa. Officers so recruited will be responsible to the Director of Civil Aviation in matters of duty and technical control, but in matters of discipline, terms of service, salary scale, allowance and leave shall be subject to the Western Samoan Public Service Commission provided that the latter shall have regard to the advice of the Director of Civil Aviation in respect of hours of duty and working conditions where these, in his opinion, may affect the safety of operation of aircraft;

(3) that the maximum possible use shall be made in Western Samoa of Western Samoan nationals for the administration and operation of civil aviation to the extent that the staff required are available and capable of performing the particular duties required. To this end the Government of Western Samoa will make available staff for training in New Zealand or elsewhere to the extent agreed from time to time by the Governments of Western Samoa and New Zealand;

(4) that it will make available living accommodation to the satisfaction of the Government of New Zealand for staff of the New Zealand Public Service seconded for the time being to Western Samoa for the administration and operation of civil aviation.

Article V

Financial Arrangements

(1) Draft forecasts of expenditure and revenue shall be prepared annually by 1 August for the following three Western Samoan financial years and shall cover all expenditure proposed and revenue expected by the Government of Western Samoa relating to the administration and operation of civil aviation in Western Samoa.

(2) The Governments of New Zealand and Western Samoa will consult at the request of either Government and at least once a year on the extent to which New Zealand aid funds available for Western Samoa will be allocated to civil aviation purposes.

Article VI

Ownership of Assets

(1) Plant, equipment or other material made available to the Government of Western Samoa by the Government of New Zealand pursuant to Article 5 will be transferred to the ownership of the Government of Western Samoa unless arrangements to the contrary are made. The Government of Western Samoa agrees that such items shall be exempt from customs duties and other charges.

Article VII

Entry into Force and Amendment of Agreement

(1) This Agreement shall be deemed to have entered into force on 1 January 1973.

(2) Upon the entry into force of this Agreement, the Agreement between the Government of New Zealand and the Government of Western Samoa concerning Civil Aviation dated 24 January 1963 and subsequently renewed by exchange of notes shall cease to have any force or effect.

(3) The Government of New Zealand and the Government of Western Samoa agree to consult together at any time at the request of either Government regarding the operation, application or amendment of this Agreement.

(4) Either Government may at any time give to the other Government notice of intention to terminate this Agreement. In such case this Agreement shall terminate upon the expiration of twelve months from the date on which the notice is received.

(5) This Agreement shall not apply to the territories for whose international relations New Zealand is responsible.

IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed the present Agreement

DONE AT APIA, ON 19 APRIL 1973 in two original copies in the English language:

INSTRUMENT OF DELEGATION UNDER THE CIVIL AVIATION ACT 1963

IN ACCORDANCE with the terms of the Agreement Concerning Civil Aviation signed on behalf of the Government of New Zealand and the Government of the Independent State of Western Samoa on the 19^th day of April 1973 and the provisions of the Civil Aviation Act 1963 enacted by the Parliament of Western Samoa; I, Fiame Mata'afa Faumuina Mulinu’u II, Minister of Civil Aviation in Western Samoa, acting pursuant to the powers vested in me by virtue of my office and by virtue of Section 7 of the Civil Aviation Act 1963 HEREBY DECLARE AND APPOINT the person for the time being holding office as Director of the Civil Aviation Division of the Ministry of Transport in New Zealand referred to in the Ministry of Transport Act 1968 (New Zealand) to be an authorised person for the purpose of the Civil Aviation Act 1963; AND under the powers given to me by the said Section 7 of the Civil Aviation Act 1963 and in accordance with the terms agreed between the Government of New Zealand and the Government of the Independent State of Western Samoa in the Agreement Concerning Civil Aviation the authority to exercise responsibility for, and control of the safety of air navigation within Western Samoa, with a view to ensuring the proper implementation of Article II of the aforesaid Agreement Concerning Civil Aviation; AND IN PARTICULAR, without limiting the generality of the foregoing delegation, I HEREBY DELEGATE to the said Director of Civil Aviation the powers given to me by virtue of the following parts of the said Civil Aviation Act 1963;

(a) Part II, Section 9(3) - Issue of Notices, Instructions, Orders and Requirements;

(b) Part IV - Licensing of Personnel and Airworthiness;

(c) Part V - Conditions of Flying (excepting Section 25);

(d) Part IX - Offences and Sanctions

(e) Part X, Section 76 (insofar as it relates to the Civil Aviation Regulations 1953, New Zealand).

AND I HEREBY DIRECT that the Director of Civil Aviation in New Zealand aforesaid may, from time to time during the currency of this Instrument of Delegation, delegate certain of the powers set out above to persons for the time being holding the offices specified in the schedule hereto.

Signed by the said Fiame Mata'afa Faumuina Mulinu'u II at Apia this 19^th day of April 1973

INSTRUMENT OF DELEGATION UNDER THE CIVIL AVIATION ACT 1963

Officers to whom the Director of the Civil Aviation Division of the Ministry of Transport in New Zealand may, from time to time, delegate certain powers stated below, provided that where power, is delegated under regulation 8(A) of the Civil Aviation Regulations 1953 to issue CASO, NOTAM, NZAIP, NZCAR or CAIC such delegated power shall not be exercised by the officer except in relation to a specific power delegated to him under any other regulation or Regulations.

The following abbreviation refer to the stated officers of the New Zealand Ministry of Transport

Power to issue instructions by way of NOTAM under Regulation No. 8A will be delegated to Western Samoan Air Traffic Control Officers, when appointed.