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Civil Aviation Act 2023

Preliminary provisions - Interpretation provisions

6: Meaning of accident

You could also call this:

"What is meant by 'accident' in the Civil Aviation Act 2023 is when something bad happens to an aircraft that causes harm or damage to people or the aircraft itself."

Illustration for Civil Aviation Act 2023

When you hear the word accident in the Civil Aviation Act 2023, it means something happens with an aircraft that causes harm or damage. This can happen when people are on board the aircraft, from the time they get on to the time they get off and the engine stops. It can also happen when there is no one on board, from the time the aircraft is ready to move to the time it stops and the propulsion system is shut down.

You might be injured if you are in the aircraft, or if you touch the aircraft, or if you are hit by something from the aircraft. The aircraft can also be damaged, which means it needs big repairs or parts need to be replaced. If the aircraft is missing or you cannot get to it, that is also an accident.

If you hurt yourself on purpose, or someone else hurts you, that is not an accident. If you are hiding on the aircraft where you are not supposed to be, and you get hurt, that is not an accident either.

When we talk about damage to the aircraft, we do not mean small things like a broken engine or a damaged tyre. We mean big damage that affects how the aircraft flies or works, and needs major repairs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49502.

Topics:
Transport and travel > Air travel
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Part 1Preliminary provisions
Interpretation provisions

6Meaning of accident

  1. In this Act, unless the context otherwise requires, accident means an occurrence associated with the operation of an aircraft that,—

  2. in the case of an aircraft intended to be flown with any person on board, takes place between—
    1. the time that any person boards the aircraft with the intention of flight; and
      1. the time that—
        1. all persons on board have disembarked; and
          1. the engine or any propellers or rotors have come to rest; and
        2. in the case of an aircraft intended to be flown without any person on board, takes place between—
          1. the time that the aircraft is ready to move with the purpose of flight; and
            1. the time that—
              1. the aircraft comes to rest at the end of the flight; and
                1. the primary propulsion system is shut down.

              2. The occurrence must be one in which—

              3. a person is fatally or seriously injured as a result of—
                1. being in the aircraft; or
                  1. direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
                    1. direct exposure to jet blast; or
                    2. the aircraft sustains damage or structural failure that—
                      1. adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
                        1. would normally require major repair or replacement of the affected component; or
                        2. the aircraft is missing or is completely inaccessible.

                          1. Subsection (2)(a) does not include—

                          2. an injury that is self-inflicted or inflicted by another person; or
                            1. an injury to a stowaway hiding outside the areas normally available to passengers and crew.

                              1. In subsection (2)(b), damage or structural failure does not include—

                              2. engine failure or damage where the damage is limited to the engine (including its cowlings or its accessories); or
                                1. damage that is limited to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (including small dents or puncture holes in the aircraft skin), minor damage to main rotor blades or landing gear, or damage resulting from hail or bird strikes (including holes in the radome).