Hon James Meager
Acting Minister of Transport

A new independent review function will enable individuals and organisations to seek an expert independent review of specified civil aviation regulatory decisions made by, or on behalf of, the Director of Civil Aviation, Acting Transport Minister James Meager has announced today.

“Today we are making it easier and more affordable for New Zealanders to challenge decisions that have a significant impact on their livelihoods, such as cancelling or suspending a pilot’s licence,” Mr Meager says.

“Until now, people have had to go to the courts to appeal a decision, a costly and time-consuming process. Being able to have decisions reviewed independently will now mean those people won’t incur these costs and delays, and they’ll have the opportunity for a quick, cost-effective determination so they can get on with delivering growth for New Zealand.”

The new review function will focus on the most impactful decisions that primarily relate to aviation documents. This includes granting or suspending pilot licences, air operator’s certificates, airworthiness certificates or maintenance engineer’s licences. It will also include decisions on individual exemptions from civil aviation regulations or rules. 

The function will not review medical certification decisions, as these are already covered by the existing medical convener process.

Application fees for reviews, which will partially recover the costs for the new independent review function, are set at $1,000 (excl. GST) for individuals and $1,500 (excl. GST) in any other case (such as for organisations).

“In comparison, I’ve heard that it can cost in excess of $300,000 to take an appeal through the District Court and it can take 3 to 4 years before there is a hearing.

“I will soon be announcing the appointment of the independent reviewers who will be carrying out these reviews.”

The independent review function will become operational on 5 April 2025 when the Civil Aviation Act 2023 comes into force.                                                                                                                            

Notes:

These changes are set out in the Civil Aviation (Independent Review Function) Regulations 2025.

The decisions that will be reviewable are the following decisions made by (or on behalf of) the Director of Civil Aviation include:

·        a decision to decline to register an aircraft.

·        a decision concerning the grant, issue, revocation, or suspension of an ‘aviation document’ (such as a pilot’s licence, air operator’s certificate, airworthiness certificate or maintenance engineer’s licence).

·        a decision to impose conditions on an aviation document (the Director may impose conditions in the interests of safety and security).

·        a decision to issue an improvement notice under section 298 of the Act but only when decided by the Director (or their delegate) rather than an inspector

·        a decision to amend a New Zealand air operator’s certificate with Australia New Zealand Aviation privileges or withdraw those privileges.

• a decision on the granting of individual exemptions from civil aviation regulations or rules.

About independent reviews:

• Independent reviewers will carry out the reviews and are appointed by the Acting Minister of Transport.
• They will report their recommendations to the Director of Civil Aviation as soon as practicable.
• The final decision in response to each review rests with the Director. This is to ensure that the Director retains the ultimate responsibility for the safe and secure operation of the civil aviation system.

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