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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - General provisions relating to proceedings

385: State of mind of employees and agents attributed

You could also call this:

"What staff think can be used to figure out what a company or person was thinking."

Illustration for Civil Aviation Act 2023

When you are in court because of something you did related to aviation, the court might need to know what you were thinking. If the court needs to figure out what you were thinking, it is enough to show that someone working for you, like an employee, was thinking that way. This is as long as the employee was doing something they were allowed to do.

If a company or organisation, not an individual, is in court for something related to aviation, the same rule applies. The court can look at what an employee or agent of the company was thinking to figure out the company's state of mind. You can think of a person's state of mind as what they know, intend, believe, or want to do, and why they want to do it.

The law about this is similar to a law from 2015, which you can find on the legislation website. This law helps courts understand what people or companies were thinking when they did something related to aviation. It makes it easier for courts to make decisions in these cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS184669.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
General provisions relating to proceedings

385State of mind of employees and agents attributed

  1. Subsection (2) applies in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to which civil aviation legislation applies.

  2. If it is necessary to establish the state of mind of the individual, it is sufficient to show that an employee or agent of the individual acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind.

  3. Subsection (4) applies in any civil or criminal proceedings under this Act in respect of any conduct engaged in by a person other than an individual, being conduct in relation to which civil aviation legislation applies.

  4. If it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind.

  5. In this section, state of mind, in relation to a person, includes the knowledge, intention, opinion, belief, or purpose of the person and the person’s reasons for that intention, opinion, belief, or purpose.

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