Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Protection of flight data recording from use in criminal proceedings against flight crew

343: Admissibility of flight data recording against flight crew in criminal proceedings

You could also call this:

"Flight data recordings can't be used against pilots in court, unless the court decides it's fair."

Illustration for Civil Aviation Act 2023

If you are a member of a flight crew, a recording from your aircraft's flight data is not allowed to be used against you in a criminal court case. This rule can be changed by a court if the court thinks it is fair to do so. The court will consider how using the recording might affect investigations into future accidents or incidents.

If someone wants the court to use the flight data recording, they must be the person who started the court case. The court will only make this decision if it thinks it is in the interests of justice. You can still use a flight data recording in a court case against someone who is not a member of the flight crew.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS351148.

Topics:
Transport and travel > Air travel
Previous

342: Interpretation, or

"What special words mean in this law"

Next

344: This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990, or

"This law does not change how some accident investigation rules are applied."

Part 9Monitoring, investigation, and enforcement
Protection of flight data recording from use in criminal proceedings against flight crew

343Admissibility of flight data recording against flight crew in criminal proceedings

  1. A flight data recording from an aircraft is not admissible against a member of the flight crew of the aircraft in any criminal proceedings under this or any other Act.

  2. Subsection (1) is subject to any order of a court made under subsection (3).

  3. A court may order that the whole or part of a flight data recording from an aircraft is admissible against a member of the flight crew of the aircraft in a criminal proceeding if the court is satisfied that it is in the interests of justice after having regard to any adverse impact the admission of the whole or part of the recording may have on future accident and incident investigations.

  4. An application for an order under subsection (3) may be made only by a person who has commenced the criminal proceeding.

  5. Nothing in subsection (1) affects the admissibility of a flight data recording from an aircraft in criminal proceedings against a person other than a member of the flight crew of the aircraft.