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Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - General offences and liability provisions

41: Dangerous activity involving aircraft, aeronautical product, or aviation-related service

You could also call this:

"Don't do anything with planes or aviation services that could put people or property in danger"

Illustration for Civil Aviation Act 2023

When you are involved with aircraft, aeronautical products, or aviation-related services, you must not do anything that could cause unnecessary danger to people or property. You cannot operate, maintain, or service an aircraft, aerodrome, or aeronautical product, or provide an aviation-related service, in a way that puts others at risk. You also cannot let someone else do something with an aircraft, aerodrome, or aeronautical product, or an aviation-related service, that could cause unnecessary danger.

If you break this rule, you can be charged with an offence, even if you did not mean to cause danger. You can be fined if you are found guilty, with the amount depending on whether you are an individual or a company, and whether you knew or should have known that your actions could cause danger. For example, as an individual, you could be fined up to $150,000 if you did not mean to cause danger, or up to $300,000 or even imprisoned for up to 5 years if you knew or should have known that your actions could cause danger.

This rule is in addition to other regulations and rules, and you can find more information by looking at the Civil Aviation Act 2023 and other related laws, such as the one found at this link. You should look at the regulations and rules to understand what is expected of you when you are involved with aircraft, aeronautical products, or aviation-related services. The rules and regulations are there to help keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49720.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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"Flying an aircraft carelessly is against the law and can result in a big fine."

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42: Operating aircraft in controlled airspace or restricted area without authorisation, or

"Don't fly an aircraft in restricted areas without permission"

Part 2Functions, powers, and duties of participants in civil aviation system
General offences and liability provisions

41Dangerous activity involving aircraft, aeronautical product, or aviation-related service

  1. No person may—

  2. operate, maintain, or service an aircraft, aerodrome, or aeronautical product, or provide an aviation-related service, in a manner that causes unnecessary danger to any other person or to any property; or
    1. do any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property; or
      1. cause or permit an aircraft, aerodrome, or aeronautical product to be operated, maintained, or serviced, or an aviation-related service to be provided, in a manner that causes unnecessary danger to any other person or to any property; or
        1. cause or permit any other act to be done in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property.

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

          2. A person who contravenes subsection (1) commits an offence against this subsection if the person knows, or is reckless as to whether, the unnecessary danger to any other person or to any property would be caused.

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

          4. in the case of an individual, to a fine not exceeding $150,000:
            1. in the case of any other person, to a fine not exceeding $1,500,000.

              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 5 years or to a fine not exceeding $300,000, or both:
                1. in the case of any other person, to a fine not exceeding $3,000,000.

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

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