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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Review of Director’s decisions - Provisions relating to reviews

447: Review procedure

You could also call this:

"How to Ask for a Review of a Decision and What Happens Next"

Illustration for Civil Aviation Act 2023

When you ask for a review of a decision, the reviewer must look at it as soon as they can. The reviewer can get help from someone with the right skills and experience to assist with the review. They can also decide how the review will work.

The reviewer can ask you, the Director, or someone else to give them information about the decision being reviewed. They must look at all the relevant information they get and think about the purpose of the Civil Aviation Act when doing the review. They must also think about what the Director's job is under this Act.

If you are asked for information, you must give it to the reviewer. You can also give them other information that you think is relevant to the decision being reviewed. You must take part in the review, either by yourself or through someone you choose to represent you.

The review is private, which means it is just between the people involved and anyone the reviewer asks for help or information. After the review, the reviewer must write down their recommendations and give them to you and the Director as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS681255.

Topics:
Transport and travel > Air travel
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446: Application for review, or

"Asking someone to look again at a decision they made about you"

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448: Final decision, or

"The Director makes a final choice about your application and tells you in writing what it is and why."

Part 10Regulations and miscellaneous provisions
Review of Director’s decisions: Provisions relating to reviews

447Review procedure

  1. The reviewer must, as soon as practicable, review the decision.

  2. The reviewer—

  3. may draw on the advice and expertise of any person who the reviewer is satisfied is suitably qualified and experienced to assist the reviewer in assessing the decision that is under review; and
    1. may regulate the procedure of the review, subject to subsection (4); and
      1. may require the applicant, the Director, or any other person to provide evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
        1. must receive and consider all relevant evidence provided under this section; and
          1. must have regard to the purposes of this Act and the Director’s duties under this Act when carrying out the review.

            1. The applicant, Director, or other person—

            2. must provide evidence requested by the reviewer under subsection (2)(c); and
              1. may provide relevant evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
                1. must participate in the review process either directly or through a nominated representative.

                  1. A review must be conducted in private between the parties and any persons whom the reviewer has drawn on for advice or expertise or has required to provide evidence.

                  2. The reviewer must, as soon as practicable, report their recommendations to the applicant and the Director in writing.