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Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

17: Power of Director to suspend aviation document or impose conditions

You could also call this:

"The Director can pause or limit your flying permissions for safety"

The Director has the power to suspend your aviation document or put conditions on it for safety reasons. This can happen if:

  1. You need to follow the rules better.
  2. You didn't follow the conditions of your document or the requirements in section 12.
  3. You didn't follow section 49.
  4. You're not being careful or skilled enough when using your document.
  5. For some special documents, if the Australian authority gives a stop notice.

The Director can also suspend or put conditions on documents if there are doubts about how safe an aircraft, product, or service is.

When the Director suspends a document or puts conditions on it, this lasts for up to 10 working days. The Director can make it last longer if needed.

After this, the Director can do different things like keep the conditions, remove them, suspend the document for a set time, or take away the document completely.

If the Director wants to take away your document or put permanent conditions on it, they must tell you first. Your document stays suspended until the Director makes a final decision.

If your document is suspended or has conditions, you must give it to the Director right away so they can mark it.

The Director can suspend all or part of a document.

If you don't agree with the Director's decision, you can appeal to the District Court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM215790.

Topics:
Transport and travel > Air travel
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18: Power to revoke aviation document or impose conditions, or

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Part 2Functions, powers, and duties of participants in the civil aviation system

17Power of Director to suspend aviation document or impose conditions

  1. The Director may suspend any aviation document issued under this Act or rules made under this Act or impose conditions in respect of any such document, if he or she considers such action necessary in the interests of safety, and if he or she—

  2. considers such action necessary to ensure compliance with this Act or rules made under this Act; or
    1. is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12; or
      1. is satisfied the holder has contravened or failed to comply with section 49; or
        1. considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner; or
          1. in the case of a holder of a New Zealand AOC with ANZA privileges, has received from the Director of CASA a copy of an Australian temporary stop notice given to the holder.

            1. Without limiting the general provisions of subsection (1), the Director may suspend any aviation document relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates.

            2. The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) remain in force until the Director determines what action, if any, referred to in subsection (4) is to be taken; but any such suspension or conditions expire 10 working days after the date that the suspension or conditions are imposed unless, before the expiry of that 10-working day period, the Director extends the suspension or conditions for a further specified period.

            3. The Director may take 1 or more of the following actions:

            4. impose conditions for a specified period:
              1. withdraw any conditions:
                1. suspend any aviation document for a specified period:
                  1. revoke or partially revoke any aviation document under section 18.
                    1. impose permanent conditions under section 18.

                      1. If notice of a proposed revocation of an aviation document, or notice of the proposed imposition of permanent conditions, is given in accordance with section 11, either at the same time as the suspension of the document under this section is imposed or while the suspension is in force, the document to which the notice relates remains suspended until the Director finally decides whether to revoke the document or to impose permanent conditions on the document under section 18.

                      2. Any person whose aviation document has been suspended or made subject to conditions under subsection (4) shall forthwith produce that document to the Director for appropriate endorsement.

                      3. The whole or any part of an aviation document may be suspended under this section.

                      4. Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 66.

                      Notes
                      • Section 17(1)(c): substituted, on , by section 11 of the Civil Aviation Amendment Act 1992 (1992 No 75).
                      • Section 17(1)(d): amended, on , by section 10(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                      • Section 17(1)(e): added, on , by section 10(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                      • Section 17(3): substituted, on , by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                      • Section 17(4): substituted, on , by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                      • Section 17(4)(e): added, on , by section 10(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                      • Section 17(4A): inserted, on , by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                      • Section 17(4A): amended, on , by section 10(3)(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                      • Section 17(4A): amended, on , by section 10(3)(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                      • Section 17(5): amended, on , by section 6(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                      • Section 17(7): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).