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New Zealand law explained for everyone

Civil Aviation Act 1990

Entry into the civil aviation system

10: Criteria for fit and proper person test

You could also call this:

"Rules for deciding if someone can work in aviation"

When deciding if you're a fit and proper person for any purpose under this Act, the Director will look at how much you'll be involved in New Zealand's civil aviation system. They will consider:

Your history of following transport safety rules.

Your experience in the transport industry.

How much you know about civil aviation rules.

Any history of physical or mental health issues or serious behaviour problems.

Any convictions for transport safety offences, no matter where or when they happened.

Any evidence that you've broken transport safety rules.

If you're applying for a New Zealand AOC with ANZA privileges, the Director will check if you meet the conditions in section 11G(4).

The Director can also consider other things not on this list. They can ask for and use information from any source, including medical reports. If they want to use information that might be bad for you, they'll usually tell you about it and let you respond.

If the Director thinks sharing information might put someone in danger, they don't have to tell you about it. But they must tell you they're keeping information secret. If it's about you, you can complain to the Privacy Commissioner. If it's not about you, you can ask an Ombudsman to review the decision.

These rules also apply to companies, with some changes. For companies, most of the checks apply to the company and its officers, but health and behaviour checks only apply to the officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215709.

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Part 1Entry into the civil aviation system

10Criteria for fit and proper person test

  1. For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, the Director shall, having regard to the degree and nature of the person's proposed involvement in the New Zealand civil aviation system, have regard to, and give such weight as the Director considers appropriate to, the following matters:

  2. the person's compliance history with transport safety regulatory requirements:
    1. the person's related experience (if any) within the transport industry:
      1. the person's knowledge of the applicable civil aviation system regulatory requirements:
        1. any history of physical or mental health or serious behavioural problems:
          1. any conviction for any transport safety offence, whether or not—
            1. the conviction was in a New Zealand court; or
              1. the offence was committed before the commencement of this Act:
              2. any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:
                1. in the case where a New Zealand AOC with ANZA privileges applies, the person's compliance with the conditions specified in section 11G(4).

                  1. The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

                  2. The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—

                  3. seek and receive such information (including medical reports) as the Director thinks fit; and
                    1. consider information obtained from any source.

                      1. Subsection (1) applies to a body corporate with the following modifications:

                      2. paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:
                        1. paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.

                          1. If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 11, give that person a reasonable opportunity to refute or comment on it.

                          2. Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

                          3. If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—

                          4. in the case of non-disclosure to an individual of information about the individual,—
                            1. inform the individual that he or she may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
                              1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) of that Act; and
                              2. in any other case,—
                                1. inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
                                  1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

                                  Notes
                                  • Section 10(1): amended, on , by section 7(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(1): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(1)(d): amended, on , by section 7(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(1)(g): added, on , by section 7(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                                  • Section 10(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(3): amended, on , by section 7(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(3): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(3)(a): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(4): substituted, on , by section 2 of the Civil Aviation Amendment Act 1991 (1991 No 116).
                                  • Section 10(4)(a): amended, on , by section 7(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                                  • Section 10(5): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(6): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                  • Section 10(7): substituted, on , by section 7(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                                  • Section 10(7)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                                  • Section 10(7)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).