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Civil Aviation Act 2023

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

112: Failure to disclose medical information

You could also call this:

"Telling the Director about your medical condition: what you must do"

Illustration for Civil Aviation Act 2023

If you do not tell the Director about your medical condition when you are supposed to, you can get in trouble. You are supposed to tell the Director about your medical condition as required by clause 8(1)(a) of Schedule 2 or if the Director asks you for information under clause 10 of Schedule 2. If you do not have a good reason for not telling the Director, you can commit an offence.

If you have a licence and your medical condition changes, or you find out you have a medical condition you did not know about, you must tell the Director. You must tell the Director about your medical condition as required by clause 8(1)(a) of Schedule 2 if it may interfere with your ability to fly safely.

If you commit an offence, you can get a fine or go to prison, depending on what you did. If you do not tell the Director about your medical condition when you are supposed to, you can get a fine of up to $30,000. If you are a licence holder and you do not tell the Director about a change in your medical condition, you can get a fine of up to $30,000 or go to prison for up to 12 months, or both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49726.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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Part 4Aviation documents, medical certification, and drug and alcohol testing
Medical certification: Offences relating to medical certification

112Failure to disclose medical information

  1. A person commits an offence if the person—

  2. fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)(a) of Schedule 2; or
    1. fails, without reasonable excuse, to provide information required by the Director under clause 10 of Schedule 2.

      1. A person commits an offence if the person—

      2. is a licence holder and is aware of a change in the licence holder’s medical condition, or the existence of any previously undetected medical condition, that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates; and
        1. fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)(a) of Schedule 2.

          1. A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $30,000.

          2. A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $30,000, or both.

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