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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Disqualification

348: Removal of disqualification

You could also call this:

"Getting a ban lifted from having an aviation licence"

Illustration for Civil Aviation Act 2023

If you are disqualified from holding or getting an aviation document for more than 6 months, you can apply to the court to remove the disqualification after 6 months. You can do this by applying to the court that made the order. The court will look at your character, how you have behaved since the order, the type of offence you committed, and other circumstances.

The court can either remove the disqualification from a date they choose or refuse your application. If the District Court ordered the disqualification, you must apply to a District Court Judge. You need to make the application to the registry of the court where the order was made.

You must also tell the Director about your application, and they have the right to be involved in the decision. You can find more information about this by looking at the Civil Aviation Act 2023 and similar laws, such as s 62 of 1990 No 98.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49758.

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Part 9Monitoring, investigation, and enforcement
Disqualification

348Removal of disqualification

  1. Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court that made the order to remove the disqualification.

  2. On an application under this section, the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case,—

  3. remove the disqualification from a date the court may specify; or
    1. refuse the application.

      1. If the disqualification was ordered by the District Court, an application under this section must be made to a District Court Judge.

      2. The application must be made to the registry of the court in which the order was made.

      3. Notice of every application under this section must be served on the Director, who has a right to appear and be heard in respect of the matter.

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