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Civil Aviation Act 1990

Entry into the civil aviation system

11: Rights of persons affected by proposed adverse decisions

You could also call this:

“People get a chance to explain themselves before big decisions are made about them in flying”

When the Director of Civil Aviation thinks about making a decision that might not be good for you, they have to tell you about it first. This is called an ‘adverse decision’. It means the Director thinks you might not be right for doing something in civil aviation.

The Director must write to you and explain:

  • What they’re thinking of deciding
  • Why they’re thinking this way
  • When you can tell them what you think about it (you get at least 21 days)
  • When the decision might start (at least 28 days after they tell you)
  • That you can appeal their decision if you don’t agree with it

The Director might also need to tell other people about this, like someone whose character is part of the reason for the decision, or someone else who might be affected by it.

You can send information to the Director to help them decide. The Director will look at what you send if you get it to them in time.

After thinking about everything, the Director will make a final decision. They’ll write to you again to tell you:

  • What they decided
  • Why they decided it
  • When it will start
  • What it means for you
  • How you can appeal if you don’t agree

This process is to make sure you have a chance to explain your side before any big decisions are made about you in civil aviation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215720.

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Part 1 Entry into the civil aviation system

11Rights of persons affected by proposed adverse decisions

  1. In this section, unless the context otherwise requires,—

    adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act

      affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the aviation document

        person directly affected, in relation to any adverse decision, means the person who would be entitled under section 66 to appeal against that adverse decision

          person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 10, means the person whom the Director assesses as not being a fit and proper person.

          1. Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall—

          2. notify the person directly affected by the proposed decision of the proposed decision; and
            1. subject to subsection (4), inform that person of the grounds for the proposed decision; and
              1. specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and
                1. where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
                  1. notify the person of the person's right of appeal under section 66, in the event of the Director proceeding with the proposed decision; and
                    1. specify such other matters as in any particular case may be required by any provision of this or any other Act.

                      1. Where the Director gives a notice under subsection (2), the Director—

                      2. shall also supply a copy of the notice to—
                        1. any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and
                          1. any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
                          2. may supply a copy of the notice to any other affected document holder.

                            1. No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 10(1), except to the extent that—

                            2. the notice or copy is supplied to the person to whom the information relates; or
                              1. that person consents to the supply of that information to any other person.

                                1. Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

                                2. it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c), or within such further period as the Director may allow:
                                  1. the Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:
                                    1. the Director shall consider any submissions made in accordance with paragraph (a), other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b).

                                      1. After considering the matters referred to in subsection (5), the Director shall—

                                      2. finally determine whether or not to make the proposed adverse decision; and
                                        1. as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a), of—
                                          1. the Director's decision and the grounds for the decision; and
                                            1. the date on which the decision will take effect; and
                                              1. in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 9(4) or section 17(7) or section 18(4)).

                                              Notes
                                              • Section 11(1) adverse decision: substituted, on , by section 8(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(1) person on the basis of whose character the adverse decision arises: amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(2): amended, on , by section 8(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(2)(c): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(2)(d): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(2)(e): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(3): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(3)(a)(ii): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(5)(a): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(5)(b): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(5)(c): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(6): amended, on , by section 8(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(6): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(6)(b)(i): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                                              • Section 11(6)(b)(iii): substituted, on , by section 8(4) of the Civil Aviation Amendment Act 1992 (1992 No 75).