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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of Minister to intervene on grounds of national security

360: Retention and custody of document following disqualification by Minister

You could also call this:

"What happens to your aviation document if the Minister takes it away from you"

Illustration for Civil Aviation Act 2023

If you have an aviation document and the Minister disqualifies you from holding it, you must give the document to the Director. You have to do this as soon as you get the notice, even if nobody asks you for it. The Director will then write on the document that you are disqualified from holding it. The Director keeps your document until your disqualification ends or is removed, and you ask for it back in writing. If a specific rule applies to you, the Director will not give you your document back until you pass some tests and meet certain requirements, as stated in section 345(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101288.

Topics:
Transport and travel > Air travel
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359: Commencement of period of disqualification by Minister, or

"When the Minister says you can't have a pilot's licence, it starts on the day you get the notice."

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361: Offences relating to breach of notice given by Minister on national security grounds, or

"Breaking national security rules made by the Minister can get you in trouble with fines or prison."

Part 9Monitoring, investigation, and enforcement
Powers of Minister to intervene on grounds of national security

360Retention and custody of document following disqualification by Minister

  1. If the holder of an aviation document is disqualified by a notice under section 355(2)(c) from holding or obtaining an aviation document, the person must immediately after the notice is served, whether or not demand is made, and if the document is capable of being produced (for example, if the document is in paper form), surrender the document to the Director.

  2. The Director must—

  3. endorse the terms of the disqualification on the document; and
    1. retain the document until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.

      1. If the person entitled to the document is a person to whom section 345(3) applies, the document must not be returned to the person until the person has passed the tests and fulfilled the requirements referred to in that provision.