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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Disqualification

347: Retention and custody of document

You could also call this:

"What happens to your aviation document if a court says you can't have it"

Illustration for Civil Aviation Act 2023

If a court decides you cannot hold or get an aviation document, you must give it to the court or the Civil Aviation Authority immediately. You have to do this even if nobody asks you to. The document will then be sent to the Director.

The Director will write on the document that you are not allowed to hold it and will keep it until you are allowed to have it again. You can only get the document back if you ask for it in writing after the time you were not allowed to have it has ended. The Director will keep the document until then.

If you are a person who has to pass some tests or meet some requirements before you can get your document back, you will not get it back until you have done these things, as stated in section 345(3). This means you have to meet these requirements before the document can be returned to you. You will get your document back after you have met these requirements and the time you were not allowed to have it has ended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49757.

Topics:
Transport and travel > Air travel
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346: Commencement of period of disqualification, or

"When you're not allowed to have a pilot's licence, the ban starts on a date chosen by the court."

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348: Removal of disqualification, or

"Getting a ban lifted from having an aviation licence"

Part 9Monitoring, investigation, and enforcement
Disqualification

347Retention and custody of document

  1. If a court makes an order disqualifying the holder of an aviation document from holding or obtaining a document and the document is capable of being surrendered (for example, if it is in paper form), the person in respect of whom the order is made must immediately, and whether or not demand is made, surrender the document to—

  2. the registry of the court where the order was made; or
    1. the CAA.

      1. If an aviation document is surrendered under this section, it must immediately be forwarded to the Director.

      2. The Director must—

      3. endorse the terms of the disqualification on the document; and
        1. retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.

          1. If the person entitled to the document is a person to whom section 345(3) applies, the document must not be returned to the person until the person has passed the tests and fulfilled the requirements referred to in that provision.

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