The Parties acknowledge that there are risks to the Airport Operator (Kapiti Coast Airport Holdings Limited), aircraft using the Airport, and other airport users when operating a Remotely Piloted Aircraft System (RPAS) within 4km of the Airport Operational boundary.
In these Standard Conditions:
- a) "HSW Act" means the Health and Safety at Work Act 2015.
- b) "Operation" means the operation of the RPA and "Operate" shall be construed accordingly.
- c) "Permitted Area" means the locations(s) within 4km of the Airport Operational Boundary for Operation under the terms of this agreement, as described in the Agreement.
- d) "Permitted Times" means the permitted dates and times for Operation within the Permitted Area under the terms of this agreement, as described in the Agreement.
- e) "Rules" means Part 101 of Civil Aviation Rules.
STANDARD CONDITIONS
- 1. The RPA Operator shall only Operate or permit Operation within the Permitted Area, at the Permitted Times and after providing the Airport with any period of prior notice as described in the Agreement;
- 2. The RPA Operator has and will maintain the necessary certification required under the Rules and will maintain the appropriate levels of training, qualification, skill and experience to Operate, or otherwise instead will have a suitably qualified safety observer required under the Rules;
- 3. The RPA Operator will comply with all applicable laws (including the HSW Act), rules (including the Rules), regulations, bylaws, standards, codes of practice and the Airport's reasonable policies and procedures in relation to the Operation;
- 4. The RPA Operator will co-operate with the Airport in all matters related to the Operation and comply with any reasonable directions given from time to time by the Airport;
- 5. The RPA Operator will provide the airport with any information required in relation to the Operation, including identifying or technical information relating to the RPA and the flight path of the RPA;
- 6. The RPA and associated equipment utilised for Operation shall be properly maintained and serviced in accordance with best practices and the RPA Operator shall not Operate the RPA if aware of any defects or malfunction in relation to the RPA or associated equipment;
- 7. Where required by the Airport Operator, the RPA Operator will maintain two-way VHF radio communication with aircraft traffic using the airport immediately before, at all times during, and immediately after the Operation;
- 8. If there is any change that may affect the Operation in any way, the RPA Operator must notify the Airport Operator immediately. This includes any changes in weather or any changes in functionality of the RPAS that occur before or during the Operation.
- 9. So far as is reasonably practicable, no act or omission of the Operation shall cause a risk / hazard, serious harm or a notifiable event to any employee of either party or any person lawfully at any site owned or operated by either party;
- 10. The RPA Operator shall not do anything that will, or is likely to, give rise to the issue of an improvement or prohibition notice, enforcement proceedings or a prosecution under the HSW Act against either party;
- 11. The RPA Operator is primarily responsible for the safe Operation of the RPA and will continue to take all reasonably practicable steps during the operation to minimise risks to the health and safety of all persons;
- 12. Should the RPA Operator be required to notify WorkSafe of a notifiable event under the HSW Act, it shall advise the Airport Operator as soon as possible;
- 13. To the greatest extent permitted by law, the RPA Operator shall indemnify and keep indemnified the Airport Operator from all costs, damages, fines, penalties, loss and expense incurred or suffered by the Airport (including in relation to claims, allegations or proceedings instigated by third parties against the Airport) arising directly or indirectly as a result of any breach by the RPA Operator of any of the provisions set out in the Agreement;
- 14. The Operation is carried out at the RPA Operator's sole risk and the Airport Operator accepts no liability whatsoever for any losses, damages, claims or expenses (whether under contract, tort, negligence, statute or otherwise) to the RPA Operator or any third party in relation to:
- a. loss of or damage to the RPA; or
- b. any third party claims suffered by the RPA Operator in relation to the Operation.
- 15. If the RPA Operator commits a breach (or the Airport Operator has reasonable suspicion of any breach) of any term of the Agreement, the Airport Operator may (in its absolute discretion), upon written notice to the RPA Operator:
- a. suspend Operation within the Permitted Area with immediate effect, such suspension to persist for so long as the Airport deems reasonably necessary; or
- b. at any time thereafter (including after or during any period of suspension in accordance with clause 9(a)), terminate the Agreement with immediate effect.
- 16. The Airport Operator may, upon written notice to the RPA Operator, terminate the Agreement with immediate effect if it is entitled to do so under the Rules or if the Rules no longer require the Airport to maintain this agreement in place;
- 17. Upon termination of the Agreement or suspension of Operations within the Permitted Area in accordance with the Agreement, the RPA Operator shall immediately cease all Operations within the Permitted Area;
- 18. The RPA Operator may not assign nor transfer its rights or obligations under the Agreement to any person, without first obtaining the Airport's prior written consent. Without limiting the previous sentence, the RPA Operator is liable for the acts or omissions of any third party Operating with the permission or to the knowledge of the RPA Operator, as if such acts or omissions of such third party were acts or omissions of the RPA Operator;
- 19. The Agreement constitutes the entire understanding between the Parties with respect to its subject matter and may be amended only in writing signed by both Parties;
- 20. The terms of the Agreement are intended to be legally binding and are governed by New Zealand law and the Parties submit to the non-exclusive jurisdiction of New Zealand courts;
- 21. Any notice or other communication to be given under the Agreement shall be in writing and delivered by hand, registered mail or email to the relevant party at the contact details provided by each party to the other party from time to time. Receipt will be deemed on delivery by hand, 3 business days after posting within New Zealand or on the sending of an email (provided that no delivery failure notice has been received by the sender) (whichever is applicable);
- 22. Any right expressed to be for the benefit of the Airport Operator under the Agreement shall be deemed to be for the benefit of each of the Airport's related companies (as defined under the Companies Act 1993), agents, representatives and employees under the Contracts (Privity) Act 1982.