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Civil Aviation Act 2023

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

80: Fit and proper person test

You could also call this:

"Checking if you're a suitable person to work in aviation"

Illustration for Civil Aviation Act 2023

When you want to be involved in the New Zealand civil aviation system, the Director needs to check if you are a fit and proper person. The Director looks at things like your history of following transport safety and security rules, your experience in the transport industry, and your knowledge of civil aviation rules. The Director also considers your physical and mental health, and your use of drugs or alcohol.

The Director checks if you have been convicted of a transport safety offence or an offence under the Health and Safety at Work Act 2015, even if it happened outside New Zealand or before this Act started. The Director looks at any evidence that you have broken transport safety rules or failed to follow civil aviation laws. If you are involved with a New Zealand AOC with ANZA privileges, the Director checks if you follow the conditions in section 91(4).

The Director can consider other matters and evidence that seem relevant, and can ask for and receive any information, including medical reports. The Director can also use information from any source. If the Director asks for personal information, the Privacy Act 2020 does not stop people or agencies from sharing that information.

If you are a company, the Director checks the company and its officers, looking at their history, experience, and knowledge, as well as any health problems or use of drugs or alcohol by the officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49525.

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

80Fit and proper person test

  1. For the purpose of determining whether a person is a fit and proper person for any purpose under this Act, the Director must, having regard to the degree and nature of the person’s proposed involvement in the New Zealand civil aviation system, have regard to, and give the weight that the Director considers appropriate to, the following matters:

  2. the person’s history of compliance with transport safety and transport security requirements, whether inside or outside New Zealand:
    1. the person’s related experience (if any) within the transport industry:
      1. the person’s knowledge of the applicable civil aviation system regulatory requirements:
        1. any history of physical or mental health problems or serious behavioural problems of the person:
          1. the person’s use of drugs or alcohol:
            1. any conviction of the person for a transport safety offence or an offence under the Health and Safety at Work Act 2015, whether or not—
              1. the conviction was in a New Zealand court; or
                1. the offence was committed before the commencement of this Act:
                2. any evidence that the person has committed a transport safety offence or has contravened or failed to comply with civil aviation legislation:
                  1. if a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 91(4).

                    1. The Director is not confined to consideration of the matters specified in subsection (1) and may take into account any other matters and evidence that the Director considers may be relevant.

                    2. The Director may, for the purpose of determining whether a person is a fit and proper person for any purpose under this Act,—

                    3. seek and receive any information (including medical reports) that the Director thinks fit; and
                      1. consider information obtained from any source.

                        1. Nothing in the Privacy Act 2020 prevents a person or an agency from disclosing personal information (within the meaning of that Act) to the Director in response to a request made by the Director under subsection (3).

                        2. Subsection (1) applies to a body corporate with the following modifications:

                        3. subsection (1)(a), (b), (c), (f), and (g) must be read as if those paragraphs refer to the body corporate and its officers:
                          1. subsection (1)(d) and (e) must be read as if those paragraphs refer only to the officers of the body corporate.

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