Civil Aviation Act 1990

Offences and penalties - Disqualification

61: Retention and custody of document

You could also call this:

"Keeping and looking after aviation documents when you're not allowed to use them"

When a court orders you to be disqualified from holding or getting an aviation document, you must give up that document right away. You don't need to wait for someone to ask for it. You can give it to the court that made the order or to the Authority.

After you give up your document, it will be sent to the Director. The Director will write the details of your disqualification on the document and keep it. They will hold onto it until your disqualification is over or cancelled. When that happens, you can ask in writing to get your document back.

If you're someone who needs to pass tests and meet certain requirements to get your document back, as mentioned in section 59(2), you won't get your document until you've done those things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216988.


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"How to ask the court to remove a ban on getting aviation documents"

Part 5Offences and penalties
Disqualification

61Retention and custody of document

  1. Where by an order of a court the holder of an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—

  2. the court where the order was made; or
    1. to the Authority.
      1. Where an aviation document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.

      2. If the person entitled to the document is a person to whom section 59(2) applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision.

      Compare
      • 1964 No 68 s 24D
      • 1975 No 34 s 6
      Notes
      • Section 61(1)(b): substituted, on , by section 28 of the Civil Aviation Amendment Act 1992 (1992 No 75).
      • Section 61(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).