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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Charging documents and burden of proof

380: Extension of time if Director needs longer to decide whether to bring prosecution

You could also call this:

"More time to decide if someone should go to court"

Illustration for Civil Aviation Act 2023

If you are the Director, you might need more time to decide if you should take someone to court. You can ask the District Court for more time before the first 12 months are up, as stated in section 379(1)(a). The court can give you up to 12 more months to make a decision.

The court will only give you more time if you really need it to decide what to do. You must be investigating something complex or time-consuming, and it must be good for everyone if you get more time. The court also wants to make sure the person you might take to court will not be treated unfairly.

Before the court makes a decision, you will get to say what you think, as will the person you might take to court and anyone else who is interested. The court wants to hear from everyone involved before making a decision about giving you more time. This way, the court can make a fair decision about whether to give you more time to decide what 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=LMS332595.

Topics:
Crime and justice > Courts and legal helpTransport and travel > Air travel
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379: Limitation period for prosecutions brought by Director, or

"Time limit for the Director to take you to court if you break aviation rules"

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381: Burden of proof of exceptions, etc, for offences, or

"Proving you didn't break an aviation rule: who has to show what"

Part 9Monitoring, investigation, and enforcement
Charging documents and burden of proof

380Extension of time if Director needs longer to decide whether to bring prosecution

  1. This section applies if the Director considers that the Director will not be able to file a charging document by the end of the 12-month period specified in section 379(1)(a).

  2. The District Court may, on application by the Director made before the end of the 12-month period specified in section 379(1)(a), extend the time available for filing a charging document for a further period not exceeding 12 months from the date of expiry of the 12-month period specified in section 379(1)(a).

  3. The court must not grant an extension under subsection (2) unless it is satisfied that—

  4. the Director reasonably requires longer than the 12-month period to decide whether to file a charging document; and
    1. the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
      1. it is in the public interest in the circumstances that a charging document is able to be filed after the 12-month period expires; and
        1. filing the charging document after the 12-month period expires will not unfairly prejudice the proposed defendant in defending the charge.

          1. The court must give the following persons an opportunity to be heard:

          2. the Director:
            1. the proposed defendant:
              1. any other person who has an interest in whether or not a charging document should be filed.