Part 1 Entry into the civil aviation system
9Grant or renewal of aviation document
After considering any application for the grant or renewal of an aviation document, the Director shall, as soon as is practicable, grant the application if he or she is satisfied that—
- all things in respect of which the document is sought meet the relevant prescribed requirements; and
- the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—
- either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director under subsection (2); and
- is a fit and proper person to have such control or hold the document; and
- meets all other relevant prescribed requirements; and
- either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director under subsection (2); and
- in the case of a New Zealand AOC with ANZA privileges,—
- the requirements in section 11G(2) are met; and
- the applicant meets or will meet the conditions in section 11G(4); and
- the requirements in section 11G(2) are met; and
- it is not contrary to the interests of aviation safety for the document to be granted or renewed.
For the purpose of granting or renewing an aviation document, the Director may, subject to any provisions in the rules, accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case.
It shall be a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document continue to satisfy the fit and proper person test specified in subsection (1)(b)(ii)
.Where the Director declines to grant an application for the grant or renewal of an aviation document under this section, the applicant may appeal against that decision to the District Court under section 66.
Notes
- Section 9(1): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(1)(b)(i): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(1)(b)(iii): amended, on , by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(1)(ba): inserted, on , by section 6 of the Civil Aviation Amendment Act 2004 (2004 No 8).
- Section 9(1)(c): added, on , by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(3): amended, on , by section 6 of the Civil Aviation Amendment Act 1996 (1996 No 91).
- Section 9(3): amended, on , by section 6(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(4): substituted, on , by section 6(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).
- Section 9(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).