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Civil Aviation Act 2023

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

104: Acting without necessary aviation document

You could also call this:

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

Illustration for Civil Aviation Act 2023

If you operate, maintain, or service an aircraft, you must have the right documents. You also need these documents to provide aviation-related services or do other acts related to aircraft. If you do not have the necessary documents, you can get in trouble.

If you are supposed to have a document but you do not, you can be fined. The fine can be up to $10,000 for an individual and up to $30,000 for other people. You can also get in trouble if you know you need a document but you do not have it.

In some cases, you can even go to prison for up to 12 months or be fined up to $90,000, or both. For other people, the fine can be up to $300,000. To prove you did something wrong, the prosecution does not need to show that you knew you needed the document or that you did not have it.

You can compare this to the 1990 No 98 s 46 law. This law is part of the Civil Aviation Act 2023. You must follow the rules to avoid getting in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49723.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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103: Endangerment caused by holder of aviation document, or

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

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105: Court may disqualify person from holding aviation document or impose conditions on aviation document, or

"Courts can take away or limit your aviation licence if you break aviation rules"

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

104Acting without necessary aviation document

  1. A person commits an offence if the person—

  2. operates, maintains, or services an aircraft, aerodrome, or aeronautical product, or provides an aviation-related service, or does any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service; and
    1. either—
      1. is required to hold a current aviation document for that activity and does not hold it; or
        1. knows that a current aviation document is required to be held in respect of the aircraft, aerodrome, product, or service before the act in paragraph (a) may lawfully be done and knows that the appropriate aviation document is not held.

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

        3. in the case of an individual, to a fine not exceeding $10,000:
          1. in the case of any other person, to a fine not exceeding $30,000.

            1. A person who commits an offence against subsection (1)(b)(ii) 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 $90,000, or both:
              1. in the case of any other person, to a fine not exceeding $300,000.

                1. In proceedings for an offence against subsection (1)(b)(i), it is not necessary for the prosecution to prove that the person—

                2. knew that they were required to hold the aviation document; or
                  1. knew that they did not hold the aviation document.

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