Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Requirements for aviation documents

83: Determination by Director as to whether to make adverse decision

You could also call this:

"The Director decides whether to make a decision that might not be good for you after thinking about what you said."

Illustration for Civil Aviation Act 2023

The Director has to think about any submissions you made as per section 82(5) and any information you provided after a request under section 82(6). They must consider these things when deciding whether to make a decision that might not be good for you. The Director can also think about information provided late if they believe there are good reasons for the delay.

After thinking about these things, the Director will make a final decision about whether to make the adverse decision. They will then tell you and possibly others in writing about their decision and why they made it. The Director will also tell you when the decision will start and what will happen because of it.

If the decision is not good for you, the Director will explain what the consequences are and if you have the right to appeal the decision as per section 79(1), 97(5), or 98(6). You will get this information as soon as possible after the Director makes their decision.

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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=LMS448181.


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82: Rights of persons affected by proposed adverse decisions, or

"What happens if someone wants to make a decision that affects you in aviation"


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84: Powers of Director in relation to examinations, etc, or

"The Director can test and examine you to get or keep aviation documents."

Part 4Aviation documents, medical certification, and drug and alcohol testing
Requirements for aviation documents

83Determination by Director as to whether to make adverse decision

  1. The Director—

  2. must consider any submissions made in accordance with section 82(5) and made within the time period described or allowed under that subsection; and
    1. must consider any information provided in accordance with a request made under section 82(6) that is provided within the time specified by the Director under that subsection; and
      1. if, and only if, the Director is satisfied that there are extenuating circumstances, may consider any information provided in accordance with section 82(5) or a request made under section 82(6) that is provided after the expiry of any period referred to in those subsections.
        1. After considering the matters referred to in section 82(5) and (6) in accordance with subsection (1), the Director must—

        2. finally determine whether to make the proposed adverse decision; and
          1. as soon as practicable after making the determination, notify in writing the person directly affected, and any other person of a kind referred to in section 82(3)(a), of—
            1. the Director’s decision and the grounds for the decision; and
              1. the date on which the decision will take effect; and
                1. in the case of an adverse decision, the consequences of that decision and any applicable right of appeal specified in section 79(1), 97(5), or 98(6).
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