新西兰民航法 New Zealand Civil Aviation Act 1990

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(4) A person whose aviation document is revoked or made subject to permanent conditions under this section must,—
(a) if the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
(b) if the whole document is revoked, immediately surrender the document to the Director.
(5) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.
Section 18: substituted, on 1 June 2002, by section 7 of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 1 8(1A): inserted, on 30 March 2007, by section 11 of the Civil Aviation Amendment Act 2004 (2004 No 8).
19 Criteria for action taken under section 17 or section 18
(1) The provisions of this section shall apply for the purpose of determining whether an aviation document should be suspended or made subject to conditions under section 17 or revoked or made subject to conditions under section 18.
(2) Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:
(a) the person’s compliance history with transport safety regulatory requirements:
(b) any conviction for any transport safety offence, whether or not—
(i) the conviction was in a New Zealand court; or
(ii) the offence was committed before the commencement of this Act:
(c) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act.
(3) The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.
(4) The Director may—
(a) seek and receive such information as the Director thinks fit; or
(b) consider information obtained from any source.
(5) If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, but, in the case of the suspension of an aviation document or the imposition of conditions under section 17, no later than 5 working days after suspending the aviation document or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.
(6) Nothing in subsection (5) or subsection (7) requires the Director to disclose—
(a) any information, the disclosure of which would endanger the safety of any person; or
(b) any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17.
(7) If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—
(a) in the case of non-disclosure to an individual of information about the individual,—
(i) inform the individual that the individual may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and
(ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1 )(d) of that Act; and
(b) in any other case,—
(i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
(ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.
Section 19(1): amended, on 1 June 2002, by section 8(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 19(2): amended, on 10 August 1992, by section 13(1)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(2): amended, on 10 August 1992, by section 13(1)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(3): amended, on 10 August 1992, by section 13(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(4): amended, on 10 August 1992, by section 13(3)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(4)(a): amended, on 10 August 1992, by section 13(3)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(5): amended, on 1 June 2002, by section 8(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 19(5): amended, on 10 August 1992, by section 13(4)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 19(6): substituted, on 1 June 2002, by section 8(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).
Section 19(7): substituted, on 1 June 2004, by section 12 of the Civil Aviation Amendment Act 2004 (2004 No 8).
20 Power of Director to amend or revoke aviation document in other cases
(1) The Director may, if so requested in writing by the holder of any aviation document, amend that document in the manner requested or revoke that document.
(2) Subject to subsection (3), the Director may do any of the following:
(a) amend any aviation document to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:
(b) revoke any aviation document if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder:
(c) amend any aviation document to correct any clerical error or obvious mistake on the face of the document.
(3) Before taking any action under subsection (2), the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.
(4) The power to amend an aviation document under this section includes—
(a) power to revoke the document and issue a new document in its place; and
(b) power to impose reasonable conditions.
(5) When the holder of an aviation document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director.
Section 20 heading: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 20(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 20(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 20(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 20(5): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
21 Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
(1) Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property, the Director may, if authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following:
(a) detain the aircraft or any aircraft of that class:
(b) seize the aeronautical product or any aeronautical products of that class:
(c) prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class.

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