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Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - Regulatory roles - Director of Civil Aviation

33: Acting Director of Civil Aviation

You could also call this:

"Who replaces the Director of Civil Aviation when they're away or their job is empty"

If the Director of Civil Aviation is away from work or their job is empty, someone else can do their job. The Civil Aviation Authority (CAA) can choose an employee or another person to do the Director's work. This person can do all or some of the Director's tasks.

The CAA can choose this person before or after the Director is away or their job is empty. You cannot question this choice in court because the Director was away or their job was empty. You also cannot question it because the person chosen was not in the right job.

If someone from AvSec is chosen, the Minister must agree in writing first. This rule is similar to a rule in the 1990 No 98 act. The CAA makes the choice of who does the Director's job when they are away or their job is empty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50110.

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32: Functions and powers of Director, or

"The Director of Civil Aviation: What they do and their powers"

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34: Regulatory functions, duties, and powers of Secretary, or

"The Secretary's jobs and powers in controlling aviation in New Zealand"

Part 2Functions, powers, and duties of participants in civil aviation system
Regulatory roles: Director of Civil Aviation

33Acting Director of Civil Aviation

  1. Subsection (2) applies if—

  2. the Director is absent from duty (from whatever cause arising); or
    1. there is a vacancy in the position of Director (whether by reason of death, resignation, or otherwise).

      1. All or any of the powers and duties of the Director may be exercised and performed by—

      2. any other employee for the time being directed by the CAA to exercise and perform them; or
        1. any other person for the time being appointed by the CAA to exercise and perform them.

          1. Subsection (2) applies whether the direction has been given by the CAA or the appointment has been made by the CAA before the absence or vacancy occurs or while the absence or vacancy continues.

          2. No direction or appointment under this section, and no acts done by any employee or other person acting under a direction or appointment, may in any proceedings be questioned on the ground that—

          3. the occasion for the direction or appointment had not arisen or had ceased; or
            1. the employee or other person has not been appointed to any position to which the direction or appointment relates.

              1. No person employed within AvSec may be given any direction or appointment by the CAA under this section without the prior written approval of the Minister.

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