Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Powers of Director in relation to aviation documents

99: Considerations relevant to decision about taking action under section 96, 97, or 98

You could also call this:

"What the Director thinks about before taking action against your aviation documents"

When the Director is deciding whether to take action under section 96, 97, or 98, they consider certain things. You might wonder what these things are. The Director thinks about whether you have followed transport safety rules in the past.

The Director also looks at whether you have been convicted of a transport safety offence, no matter where it happened or when. They consider if you have done something against transport safety rules or broken civil aviation laws. The Director can think about other things that might be relevant too.

The Director can ask for and get any information they think is necessary. They can use information from any source they like. If the Director asks for personal information, the Privacy Act 2020 does not stop people or agencies from sharing that information with the Director. This helps the Director make a decision about what action to take.

The Director has the power to make decisions about your aviation documents, like suspending or revoking them, under section 96, section 97, or section 98. You should know that the Director's decision is based on the information they have gathered. The Director's decision will affect your aviation documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49541.


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98: Director may revoke, or impose permanent conditions on, aviation document, or

"The Director can cancel or change your aviation document for safety and security reasons."


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100: Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98, or

"The Director must tell you about information they have that affects you, unless they can keep it secret by law."

Part 4Aviation documents, medical certification, and drug and alcohol testing
Powers of Director in relation to aviation documents

99Considerations relevant to decision about taking action under section 96, 97, or 98

  1. This section applies for the purpose of—

  2. determining whether an aviation document should be suspended or made subject to conditions under section 96 or 97; or
    1. determining whether an aviation document should be revoked or made subject to permanent conditions under section 98.
      1. If this section applies, the Director may 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 regulatory requirements:
        1. any conviction of the person for any transport safety offence, 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. The Director is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that the Director considers may be relevant.

              2. The Director may—

              3. seek and receive any information 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 (4).

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