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Civil Aviation Act 2023

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

82: Rights of persons affected by proposed adverse decisions

You could also call this:

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

Illustration for Civil Aviation Act 2023

If the Director wants to make a decision that affects you, they must tell you in writing. They must explain why they want to make this decision and give you time to respond. You have at least 21 days to tell the Director what you think about the proposed decision. The Director will also tell you when the decision will take effect, which is at least 28 days after they tell you about it.

You have the right to appeal the decision if the Director decides to go ahead with it, as stated in section 453. The Director will inform you of this right when they tell you about the proposed decision.

The Director may also send a copy of the notice to other people, such as the person whose character is being questioned or the holder of an aviation document that might be affected by the decision. However, the Director must be careful not to share private information with people who do not need to know it, except as allowed by section 81(1).

If you get a notice from the Director, you must make sure to send them any information you want them to consider within the time period they specify. The Director can also ask you for more information and give you a reasonable amount of time to provide it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49535.

Topics:
Transport and travel > Air travel
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83: Determination by Director as to whether to make adverse decision, or

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

82Rights of persons affected by proposed adverse decisions

  1. In this section and section 83, unless the context otherwise requires,—

    adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act

      affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the aviation document

        person directly affected, in relation to any adverse decision, means the person who would be entitled under section 453 to appeal against that adverse decision

          person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the basis of matters referred to in section 80, means the person whom the Director assesses as not being a fit and proper person.

          1. If the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, must—

          2. notify the person directly affected of the proposed decision; and
            1. subject to subsection (4), inform the person of the grounds for the proposed decision; and
              1. specify a date by which the person may make submissions to the Director in respect of the proposed decision, which must not be less than 21 days after the date on which the notice is given; and
                1. where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
                  1. notify the person of the person’s right of appeal under section 453 if the Director proceeds with the proposed decision; and
                    1. specify any other matters that in any particular case may be required by this or any other Act.

                      1. If the Director gives a notice under subsection (2), the Director—

                      2. must also give a copy of the notice to—
                        1. any person on the basis of whose character the adverse decision arises, if the person is not the person directly affected by the proposed decision; and
                          1. any affected document holder, if the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
                          2. may supply a copy of the notice to any other affected document holder.

                            1. A notice or copy of a notice given under this section must not include or be accompanied by any information referred to in section 81(1), except to the extent that—

                            2. the notice or copy is supplied to the person to whom the information relates; or
                              1. the person to whom the information relates consents to the supply of that information to any other person.

                                1. If any notice or copy of a notice is given to any person under this section, the person must ensure that all information that the person wishes the Director to consider in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c), or within any further period that the Director may allow.

                                2. The Director may request any further information from the person to whom the notice is given under this section, and may specify a reasonable time within which the information may be supplied.

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