Civil Aviation Act 2023

Regulations and miscellaneous provisions - Rights of appeal

453: Appeal to District Court

You could also call this:

"Challenging a decision: taking it to the District Court if you disagree"

Illustration for Civil Aviation Act 2023

You can appeal to the District Court if you are unhappy with a decision made by the Director, an inspector, or the Secretary under the Civil Aviation Act 2023. You must be someone who is directly affected by the decision, such as the owner of an aircraft. The court can then confirm, reverse, or modify the decision you are appealing against.

A specified decision is one that is made about things like registering an aircraft under section 37, or issuing an improvement notice under section 298. It can also be about things like issuing a medical certificate under Schedule 2, or suspending an airport operator's registration under section 225.

You can appeal against these types of decisions if you are directly affected by them, such as being the owner of the aircraft or the person in charge of it. The court will then look at your appeal and make a decision.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49643.

Topics:

Transport and travel > Air travelCrime and justice > Courts and legal help

452: Reviewer’s protection from liability, or

"Reviewers are protected from getting in trouble if they do their job honestly"

454: Consequences of appeal to District Court, or

"What happens if you appeal to the District Court about a decision"

Part 10Regulations and miscellaneous provisions
Rights of appeal

453Appeal to District Court

A person may appeal to the District Court against a specified decision made under this Act by the Director, an inspector, or the Secretary if another section of this Act gives the person a right of appeal under this section and—
the person—
1. is a person in respect of whom the decision was made; and
2. is dissatisfied with the decision; or
the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.

The court may confirm, reverse, or modify the decision appealed against.
In this section, a specified decision is a decision—
to decline to register an aircraft under section 37:
concerning the grant, issue, revocation, or suspension of an aviation document:
to impose conditions on an aviation document:
to issue an improvement notice under section 298:
to issue a non-disturbance notice under section 302:
to exercise powers under section 313 (which relates to the power of the Director or a specified person to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products) or section 314 (which relates to the Director’s power to exercise that power without consent or a warrant where prompt action is necessary):
concerning the issue of a medical certificate under Schedule 2:
to impose or amend conditions, restrictions, or endorsements on a medical certificate under clause 15(a) of Schedule 2:
to disqualify a licence holder under clause 15(c) of Schedule 2:
to revoke a medical certificate under clause 15(d) or 16 of Schedule 2:
concerning the implementation of the results of a report by the convener under clause 4 or 21 of Schedule 2:
to amend a New Zealand AOC with ANZA privileges or withdraw those privileges under section 93(3):
to suspend or cancel an airport operator’s registration under section 225.

Compare

1990 No 98 s 66(1), (2), (5)