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Civil Aviation Act 2023

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

75: Grant or renewal of aviation document

You could also call this:

"Getting an aviation document: What you need to know to apply and be approved"

Illustration for Civil Aviation Act 2023

When you apply for an aviation document, the Director looks at your application. The Director grants the application if they are satisfied that everything meets the requirements. You must have the right qualifications and experience.

The Director also checks if you are a fit and proper person to have control over the document. This is decided according to section 80. You must meet all other requirements.

If you are applying for a New Zealand AOC with ANZA privileges, you must meet extra requirements. These are in section 91(2) and section 91(4). The Director must also think about whether granting the document is safe and secure.

Sometimes the Director sends your application to the Minister. The Director waits for the Minister to make a decision or for six months to pass. If the Minister says no, the Director declines your application.

If the Minister says yes but with conditions, the Director adds those conditions. The Director follows the rules and the Minister's directions when deciding about your application. In some cases, the Director does not need to check if you are a fit and proper person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49521.

Topics:
Transport and travel > Air travel
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"Checking if an aviation application is a security risk"

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76: Director may take into account foreign qualifications and certifications, or

"The Director can accept qualifications and certifications from other countries when you apply for an aviation document."

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

75Grant or renewal of aviation document

  1. After considering any application for the grant or renewal of an aviation document, the Director must, as soon as practicable, grant the application if the Director is satisfied that—

  2. all things in respect of which the document is sought meet the relevant prescribed requirements; and
    1. the applicant and any person who will have or is likely to have control over the exercise of the privileges under the document—
      1. either holds the relevant prescribed qualifications and has the prescribed experience or holds foreign qualifications that are acceptable to the Director under section 76; and
        1. is, as determined in accordance with section 80, a fit and proper person to have such control or to hold the document; and
          1. meets all other relevant prescribed requirements; and
          2. in the case of a New Zealand AOC with ANZA privileges,—
            1. the requirements in section 91(2) are met; and
              1. the applicant meets or will meet the conditions in section 91(4); and
              2. it is not contrary to the interests of aviation safety and security for the document to be granted or renewed.

                1. Despite subsection (1), if the Director has referred the application to the Minister under section 74, the Director must not make a decision on the application until the earliest of the following to occur:

                2. the Minister issues a notice under section 355(2)(a) or (b) in relation to the application; or
                  1. the Minister notifies the Director that the Minister will not issue a notice under section 355(2)(a) or (b) in relation to the application; or
                    1. 6 months has elapsed from the date on which the Director referred the application to the Minister under section 74.

                      1. If the Minister directs under section 355(2)(a) that the application not be granted, the Director must decline the application.

                      2. If the Minister directs under section 355(2)(b) that conditions or restrictions be imposed on an aviation document, the Director must impose those conditions or restrictions on the aviation document if granted under subsection (1).

                      3. Subsection (1)(b)(ii) does not apply in relation to an applicant for an aviation document if the aviation document is in a class specified in the rules as one to which that provision does not apply.

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