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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Offences relating to aviation documents

103: Endangerment caused by holder of aviation document

You could also call this:

"Be careful with your aviation document so you don't put others in danger"

Illustration for Civil Aviation Act 2023

If you have an aviation document, you must not do anything that could cause unnecessary danger to others or damage property. You must be careful when doing things related to your aviation document. If you do something that causes unnecessary danger, you can get in trouble with the law, even if you did not mean to cause danger.

If you break this rule and you did not mean to cause danger, you could be fined up to $90,000 if you are an individual, or up to $300,000 if you are a company. If you break this rule and you knew you might cause danger, or you did not care if you caused danger, you could be fined or even go to prison.

This rule is extra to other rules and regulations, and it does not replace them, you can find similar rules in the 1990 No 98 s 43.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49718.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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102: Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid, or

"What happens to your aviation document if you don't pay fees on time"

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104: Acting without necessary aviation document, or

"Breaking the law by not having the right aviation papers"

Part 4Aviation documents, medical certification, and drug and alcohol testing
Offences relating to aviation documents

103Endangerment caused by holder of aviation document

  1. The holder of an aviation document must not, in respect of any activity or service to which the document relates, do or omit to do any act, or cause or permit any act or omission, that causes unnecessary danger to any other person or to any property.

  2. A person who contravenes subsection (1) commits an offence against this subsection whether or not the person knows that the act or omission will cause unnecessary danger to any other person or to any property.

  3. A person who contravenes subsection (1) commits an offence against this subsection if the person knows, or is reckless as to whether, the act or omission will cause unnecessary danger to any other person or to any property.

  4. A person who commits an offence against subsection (2) is liable on conviction,—

  5. in the case of an individual, to a fine not exceeding $90,000:
    1. in the case of any other person, to a fine not exceeding $300,000.

      1. A person who commits an offence against subsection (3) is liable on conviction,—

      2. in the case of an individual, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding $150,000, or both:
        1. in the case of any other person, to a fine not exceeding $1,500,000.

          1. This section is in addition to and does not limit the regulations or rules.

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