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New Zealand law explained for everyone

Civil Aviation Act 1990

Medical certification

27M: Referral to convener by agreement

You could also call this:

"Agreeing to get advice from a special helper before a decision is made about your flying medical certificate"

You and the Director can agree to send your application for a medical certificate to a convener for advice before the Director decides. If this happens, the usual time limit for the Director to decide doesn't apply.

The convener will look at your application as soon as possible. They will get help from at least one expert to assess it. The convener might ask you to take tests or provide more medical information, which you'll need to pay for.

The convener will think about the purpose of the law when looking at your application. They will then write a report for the Director. You or the Director can give the convener information about any medical issues related to your application.

Within 10 working days of getting the convener's report, the Director will make a decision. The Director will give you a copy of the convener's report and the decision.

If you agree to this process, you can't ask the convener to review the Director's final decision.

The convener can't assess your application if they've been your aviation examiner or medical examiner for this application, or if they have any other conflict of interest.

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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=DLM216318.

Topics:
Transport and travel > Air travel
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27L: Review of decisions regarding medical certificates or applications, or

"How you can ask for a second look at decisions about your pilot medical certificate"

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27N: Delegation of Director's powers under this Part to medical practitioners who are employees of Authority, or

"The Director can let doctors who work for the Authority check if pilots are healthy enough to fly"

Part 2AMedical certification

27MReferral to convener by agreement

  1. An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application.

  2. If an application is referred to the convener under subsection (1),—

  3. the deadline imposed on the Director under section 27B(1) does not apply; and
    1. the convener must,—
      1. as soon as practicable, assess the application; and
        1. draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and
          1. require the applicant, at the applicant's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and
            1. have regard to the purpose and scheme of the Act and the Director's duties under the Act when making his or her assessment of the application; and
              1. as soon as practicable, report the results of his or her assessment to the Director in writing; and
                1. receive and consider the relevant evidence provided under subsection (5).

                2. The Director must, within 10 working days of receiving the convener's report,—

                3. consider the convener's report; and
                  1. make his or her decision in writing; and
                    1. provide to the applicant—
                      1. a copy of the convener's report; and
                        1. a copy of the Director's decision.

                        2. If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director's eventual decision.

                        3. The applicant or Director may, either directly or through his or her medical experts, participate in the convener's assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application.

                        4. The convener may not assess the application if the convener—

                        5. acted as an aviation examiner or medical examiner of the applicant with respect to that person's application for a medical certificate; or
                          1. has any other conflict of interest with respect to the person's medical certificate.

                            Notes
                            • Section 27M: inserted, on , by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).