Civil Aviation Act 1990

Offences and penalties - Disqualification

62: Removal of disqualification

You could also call this:

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

If you are disqualified from holding or getting an aviation document for more than 6 months by a court order, you can ask the court to remove this disqualification. You need to wait at least 6 months after the disqualification started before you can ask.

When you ask, the court will look at your character, how you've behaved since the order, what offence you committed, and any other important details. The court can then decide to remove the disqualification from a specific date or say no to your request.

If the District Court made the disqualification order, you need to ask a District Court Judge in the same court to remove it.

You must tell the Director about your request to remove the disqualification. The Director has the right to come to court and share their thoughts about your request.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216991.

Topics:

Transport and travel > Air travelCrime and justice > Courts and legal help

61: Retention and custody of document, or

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

63: Particulars of disqualification orders, etc, to be sent to Director, or

"The court tells the Director about changes to someone's flying permission"

Part 5Offences and penalties
Disqualification

62Removal of disqualification

Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification.
On an application under this section the court may, having regard to the character of the applicant and the applicant's conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application.
Where the disqualification was ordered by the District Court, every application under this section shall be made to a District Court Judge exercising jurisdiction in the court by which the order was made.
Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter.

Compare

1964 No 68 s 24E
1975 No 34 s 6

Notes

Section 62(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 62(4): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).