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Civil Aviation Act 1990

Rights of appeal

66: Appeal to District Court

You could also call this:

"You can challenge decisions about aviation rules in court if you disagree"

If you're not happy with a decision made by the Director under this Act, you can appeal to the District Court. You can do this if:

  1. You're the person the decision was about and you don't like the decision, or
  2. You own, operate, or are in charge of the aircraft or aeronautical product that the decision is about.

The court can agree with, change, or reverse the Director's decision. While your appeal is being decided, you still have to follow the rules in this Act.

Even if you win your appeal, the Director can still make a new decision about your aviation document if they find new information. They can do this even after the court has decided in your favour.

You can appeal decisions about:

  • Giving, taking away, or suspending aviation documents
  • Putting conditions on aviation documents
  • Using powers under section 21
  • Not registering an aircraft
  • Giving medical certificates
  • Changing conditions on medical certificates
  • Stopping someone from using their licence
  • Taking away a medical certificate
  • Dealing with reports about medical issues
  • Changing or taking away ANZA privileges

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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=DLM217153.

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Part 6Rights of appeal

66Appeal to District Court

  1. A person may appeal to the District Court against a specified decision made under this Act by the Director if another section of this Act gives that person a right of appeal under this section, and—

  2. the person—
    1. is a person in respect of whom the decision was made; and
      1. is dissatisfied with the decision; or
      2. the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.

        1. The court may confirm, reverse, or modify the decision appealed against.

        2. Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

        3. Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

        4. In this section, a specified decision is a decision—

        5. concerning the grant, issue, revocation, or suspension of an aviation document:
          1. to impose conditions on an aviation document:
            1. to exercise powers under section 21:
              1. to decline to register an aircraft under section 6.
                1. concerning the issue of a medical certificate under section 27B (other than a decision under subsection (5)(b) of that section):
                  1. to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a):
                    1. to disqualify a licence holder under section 27I(7)(c):
                      1. to revoke a medical certificate under section 27I(7)(d) and (11):
                        1. concerning the implementation of the results of a report by the convener under section 27L or section 27M:
                          1. to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3).

                            Notes
                            • Section 66: substituted, on , by section 14 of the Civil Aviation Amendment Act 2002 (2002 No 15).
                            • Section 66(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                            • Section 66(5)(e): added, on , by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 66(5)(f): added, on , by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 66(5)(g): added, on , by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 66(5)(h): added, on , by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 66(5)(i): added, on , by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 66(5)(j): added, on , by section 29(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).