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Civil Aviation Act 1990

Offences and penalties - Disqualification

64: Appeals against disqualification

You could also call this:

"You can challenge a decision that stops you from working in aviation"

If you're disqualified from holding or getting an aviation document, you can appeal against this decision. The District Court's disqualification order is treated like a sentence, so you can appeal it as you would a sentence. If you file a notice of appeal, the court might pause the disqualification until your appeal is heard, but otherwise, it starts right away.

If you ask for your disqualification to be removed and the District Court says no, you can appeal to the High Court. If the High Court disqualifies you and then says no to removing it, you can appeal to the Court of Appeal. These appeals follow the same rules as appealing a sentence.

When you apply to appeal a High Court disqualification to the Court of Appeal, the High Court might pause the disqualification while they decide whether to let you appeal, and during the appeal if they do.

If your appeal to the High Court or Court of Appeal is successful, even partly, the court will tell the Director about it. The Director can then speak about the matter in court.

If your disqualification is paused during an appeal, that paused time doesn't count towards your disqualification period. This means your disqualification period only includes the time when the order was actually in effect.

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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=DLM216995.

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Part 5Offences and penalties
Disqualification

64Appeals against disqualification

  1. For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of the District Court by which any person is disqualified from holding or obtaining an aviation document shall be deemed to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect.

  2. Any person who is disqualified by an order of the District Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

  3. Any person who is disqualified by an order of the High Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal to the Court of Appeal against the refusal in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

  4. Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.

  5. Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter.

  6. In determining the expiration of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section shall be disregarded.

Compare
  • 1964 No 68 s 24G
  • 1975 No 34 s 6
Notes
  • Section 64(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 64(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 64(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 64(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 64(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 64(5): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).