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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of entry and inspection

294: Immunity of inspectors and persons assisting inspectors or Director

You could also call this:

"Inspectors and helpers are protected by law if they do their job honestly and fairly."

Illustration for Civil Aviation Act 2023

If you are an inspector, you are protected from being sued or charged with a crime when you do your job in good faith. This means you must use your powers in a reasonable way and believe you have the right to use them. You must also think you have met all the requirements to use those powers. When you help an inspector or the Director, you are also protected if you act in good faith and in a reasonable manner. If someone says you have done something wrong and you think you are protected, you have to prove why you think you are protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347806.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
Powers of entry and inspection

294Immunity of inspectors and persons assisting inspectors or Director

  1. An inspector is immune from civil and criminal liability for any act done in good faith in the exercise, or intended exercise, of the inspector’s powers under relevant civil aviation legislation if—

  2. the power is exercised by the inspector in a reasonable manner; and
    1. the inspector believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.

      1. A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist an inspector or the Director to exercise the inspector’s or the Director’s powers under relevant civil aviation legislation.

      2. In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.