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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Disqualification

350: Appeals against disqualification by court

You could also call this:

"Challenging a court decision to take away your aviation licence"

Illustration for Civil Aviation Act 2023

If you get disqualified by a court from having an aviation document, it is like getting a sentence. You can appeal against this decision to a higher court, following the rules in Part 6 of the Criminal Procedure Act 2011. The court can decide to delay the disqualification while you are appealing.

If you apply to have the disqualification removed and the court says no, you can appeal to the High Court. You follow the same rules as before, in Part 6 of the Criminal Procedure Act 2011. The High Court can also delay the disqualification while you are appealing.

If the High Court disqualifies you and you apply to have it removed, but they say no, you can appeal to the Court of Appeal. You still follow the rules in Part 6 of the Criminal Procedure Act 2011. The Court of Appeal will be told if you appeal, and they have the right to be involved in your case.

When you are disqualified, the time you are disqualified does not include any time when the court delays the disqualification. This means that the disqualification period will be longer than the actual time you are disqualified.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49760.

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Part 9Monitoring, investigation, and enforcement
Disqualification

350Appeals against disqualification by court

  1. For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of the District Court by which a person is disqualified from holding or obtaining an aviation document is deemed to be a sentence or part of a sentence, as the case may be.

  2. If a notice of appeal against an order referred to in subsection (1) is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order has immediate effect.

  3. If a person who is disqualified by an order of the District Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—

  4. the person may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011; and
    1. that Part applies with any necessary modifications as if the refusal were a sentence.

      1. If a person who is disqualified by an order of the High Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—

      2. the person may appeal against the refusal to the Court of Appeal in accordance with Part 6 of the Criminal Procedure Act 2011; and
        1. that Part applies with any necessary modifications as if the refusal were a sentence.

          1. If an application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.

          2. If an appeal is made to the High Court or leave to appeal to the Court of Appeal is granted under this section, whether in whole or in part, the Registrar of the High Court must send notice of that fact to the Director, who has a right to appear and be heard in respect of the matter.

          3. In determining the expiry of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section must be disregarded.

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