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
This section applies for the purpose of—
- determining whether an aviation document should be suspended or made subject to conditions under section 96 or 97; or
- determining whether an aviation document should be revoked or made subject to permanent conditions under section 98.
If this section applies, the Director may have regard to, and give the weight that the Director considers appropriate to, the following matters:
- the person’s history of compliance with transport safety regulatory requirements:
- any conviction of the person for any transport safety offence, whether or not—
- the conviction was in a New Zealand court; or
- the offence was committed before the commencement of this Act:
- the conviction was in a New Zealand court; or
- any evidence that the person has committed a transport safety offence or has contravened or failed to comply with civil aviation legislation.
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.
The Director may—
- seek and receive any information that the Director thinks fit; and
- consider information obtained from any source.
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).
Compare
- 1990 No 98 s 19(1)–(4)