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Civil Aviation Act 1990

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

21: Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions

You could also call this:

"The Director can stop unsafe planes from flying and set rules to keep people safe"

The Director can take action if they think an aircraft or aeronautical product might be dangerous. If a judge gives permission, the Director can stop aircraft from flying, take away aeronautical products, or set rules about how they're used.

If there's an emergency and the Director needs to act quickly to keep people safe, they can do these things without asking a judge first. They can stop aircraft from flying, take away aeronautical products, or set rules about how they're used.

The Director can only keep aircraft or products for as long as needed to keep people safe. But if they need to use them as evidence in court, they can keep them for longer.

If the Director takes away an aircraft or product, they must explain why in writing if the owner or person in charge asks.

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

The Director must tell people about any rules or bans. They can use any way of communicating that they think is best for the situation.

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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=DLM216122.

Topics:
Transport and travel > Air travel
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Part 2Functions, powers, and duties of participants in the civil aviation system

21Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions

  1. Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property, the Director may, if authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following:

  2. detain the aircraft or any aircraft of that class:
    1. seize the aeronautical product or any aeronautical products of that class:
      1. prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class.

        1. Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following:

        2. prohibit or impose conditions on the operation of the aircraft or all aircraft of that class:
          1. prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class:
            1. detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use.

              1. Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.

              2. The Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.

              3. 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.

              4. For the purpose of subsections (1) and (2), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.

              5. Repealed
              Notes
              • Section 21(1)(c): amended, on , by section 14(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
              • Section 21(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 21(6): amended, on , by section 14(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
              • Section 21(7): repealed, on , by section 14(c) of the Civil Aviation Amendment Act 1992 (1992 No 75).