Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Offences and penalties - Safety offences

45: Court may disqualify holder of aviation document or impose conditions on holding of document

You could also call this:

“Court can take away or limit your flying permissions if you break aviation rules”

If you break certain aviation safety rules, a court can do more than just give you a punishment. The court can also stop you from having or getting an aviation document for up to 12 months. An aviation document is something that shows you’re allowed to do certain things in aviation.

The court can also put special rules or limits on your aviation document for up to 12 months. They decide what these rules or limits should be based on what you did wrong.

Even if the court does these things, the Director of Civil Aviation can still use their own powers to do things about your aviation document. The court’s decision doesn’t stop the Director from doing this.

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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=DLM216912.

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Part 5 Offences and penalties
Safety offences

45Court may disqualify holder of aviation document or impose conditions on holding of document

  1. In addition to any penalty the court may impose under section 43 or section 43A or section 44 or section 44A, the court may, on convicting any person of an offence against either of those sections,—

  2. disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document; or
    1. impose on any aviation document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit—
        1. for such period not exceeding 12 months as the court thinks fit.

      1. Nothing in subsection (1) shall affect or prevent the exercise by the Director of his or her powers under section 9.

      Notes
      • Section 45(1): amended, on , by section 18 of the Civil Aviation Amendment Act 1996 (1996 No 91).
      • Section 45(1): amended, on , by section 24 of the Civil Aviation Amendment Act 1992 (1992 No 75).
      • Section 45(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).