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New Zealand law explained for everyone

Civil Aviation Act 1990

Fees and charges

41: Suspension or revocation of aviation document where prescribed fees or charges unpaid

You could also call this:

"Your flying papers can be taken away if you don't pay your fees on time"

If you don't pay a fee or charge for your aviation document by the due date, the Director can suspend your document. This means you can't use it for a while.

If you still haven't paid after six months, the Director can cancel your document completely. This is called revoking it.

Before the Director suspends or cancels your document, they must tell you two things:

  1. That they plan to suspend or cancel it
  2. That you have the right to appeal their decision

If you need to apply for something or get a service under this Act, you usually need to pay a fee. If you haven't paid, the Authority, Director, or other person in charge might not process your application or give you the service. They will only do this if it's safe for everyone involved.

If your aviation document gets suspended or cancelled because you didn't pay, you can appeal this decision to the District Court.

The Authority or Director might agree to other payment arrangements if you can't pay the full fee right away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216387.

Topics:
Transport and travel > Air travel
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Part 4Fees and charges

41Suspension or revocation of aviation document where prescribed fees or charges unpaid

  1. Where any fee or charge payable under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the aviation document to which the unpaid fee or charge relates.

  2. Where any fee or charge payable under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the fee or charge relates.

  3. Before suspending an aviation document under subsection (1), or revoking an aviation document under subsection (2), the Director shall notify the holder of that document of—

  4. the Director's intention to suspend or revoke the document; and
    1. the right of appeal available to the holder of that document in the event of the document being suspended or revoked.

      1. Where a fee or a charge is payable in respect of an application under this Act or the provision of a service under this Act, the Authority or the Director or other person asked to process the application or provide the service, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

      2. The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to the District Court under section 66.

      Notes
      • Section 41: substituted, on , by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).
      • Section 41(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).