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Civil Aviation Act 1990

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

19: Criteria for action taken under section 17 or section 18

You could also call this:

"Rules for deciding if someone can keep their flying permissions"

This section explains how the Director decides whether to suspend, add conditions to, or revoke an aviation document under sections 17 or 18.

When making this decision, the Director can look at:

  1. How well you've followed transport safety rules in the past.
  2. Any transport safety crimes you've been found guilty of, even if they happened in another country or before this law was made.
  3. Any proof that you've broken transport safety rules or haven't followed the rules made under this law.

The Director isn't limited to just these things and can consider other relevant information too. They can ask for and use information from any source they think is helpful.

If the Director wants to use information that might be bad for you, they usually have to tell you about it and give you a chance to respond. But if they suspend your document or add conditions, they have 5 working days to tell you.

The Director doesn't have to share information if it would put someone in danger. They also don't have to tell you about information before they suspend your document or add conditions to it.

If the Director decides not to share information with you, they must tell you that they're keeping something secret. If it's information about you, they have to tell you that you can complain to the Privacy Commissioner. If it's other information, they have to tell you that you can ask an Ombudsman to review their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216106.

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

"The Director can remove or add rules to your flying permit to keep everyone safe"

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20: Power of Director to amend or revoke aviation document in other cases, or

"Director can change or cancel aviation documents if needed"

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

19Criteria for action taken under section 17 or section 18

  1. The provisions of this section shall apply for the purpose of determining whether an aviation document should be suspended or made subject to conditions under section 17 or revoked or made subject to conditions under section 18.

  2. Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

  3. the person's compliance history with transport safety regulatory requirements:
    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. The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

          2. The Director may—

          3. seek and receive such information as the Director thinks fit; or
            1. consider information obtained from any source.

              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), as soon as is practicable, but, in the case of the suspension of an aviation document or the imposition of conditions under section 17, no later than 5 working days after suspending the aviation document or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

              2. Nothing in subsection (5) or subsection (7) requires the Director to disclose—

              3. any information, the disclosure of which would endanger the safety of any person; or
                1. any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17.

                  1. 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,—

                  2. in the case of non-disclosure to an individual of information about the individual,—
                    1. inform the individual that the individual 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 19(1): amended, on , by section 8(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                          • Section 19(2): amended, on , by section 13(1)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(2): amended, on , by section 13(1)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(3): amended, on , by section 13(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(4): amended, on , by section 13(3)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(4)(a): amended, on , by section 13(3)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(5): amended, on , by section 8(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                          • Section 19(5): amended, on , by section 13(4)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                          • Section 19(6): substituted, on , by section 8(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
                          • Section 19(7): substituted, on , by section 12 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                          • Section 19(7)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                          • Section 19(7)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).