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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Protections in relation to accident and incident notifications under subpart 5 of Part 2 - Limitations on Director’s powers to take law enforcement action

341: When Director may take law enforcement action

You could also call this:

"When can the Director take action against someone who breaks aviation rules?"

Illustration for Civil Aviation Act 2023

The Director can take law enforcement action against you if you are involved in a notified incident. This can only happen if the Director thinks it is in the public's best interest to take action, and that it will not stop people from reporting accidents or incidents in the future. The Director will consider the potential impact of taking action on you and others.

If the Director is considering taking law enforcement action against you, they might think it is a good idea if your behaviour was very different from what a reasonable person would do in the same situation. They might also think it is a good idea if you put someone or something in danger on purpose, or if you did something that put someone or something in danger and you have done something similar before.

The Director has to be careful when deciding whether to take law enforcement action against you, and they have to think about what is best for everyone involved. They will look at what you did and decide if taking action against you is the right thing to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS166161.

Topics:
Transport and travel > Air travel
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342: Interpretation, or

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Part 9Monitoring, investigation, and enforcement
Protections in relation to accident and incident notifications under subpart 5 of Part 2: Limitations on Director’s powers to take law enforcement action

341When Director may take law enforcement action

  1. The Director may take law enforcement action, in relation to a notified incident, against a person who is a qualifying person in relation to the incident only if the Director is satisfied that the public interest in taking action in the circumstances outweighs any adverse impact that the action will have on further accident or incident notifications.

  2. Without limiting subsection (1), the Director may be satisfied as to the matter in subsection (1) if the Director is satisfied that any 1 or more of the following apply:

  3. the behaviour of the person in respect of which enforcement action would be taken is, or appears to be, a major departure from the standard of care expected of a reasonable person in the circumstances:
    1. the person recklessly caused unnecessary danger to any other person or to any property:
      1. the behaviour of the person in respect of which enforcement action would be taken caused unnecessary danger to any other person or to any property, and that behaviour repeats previous behaviour of the same or of a similar kind by the person.