New independent review function for some civil aviation decisions announced

Decisions subject to review include those relating to pilot licences and air operator certificates

New independent review function for some civil aviation decisions announced

Under a new independent review function, individuals and organisations can seek an expert independent review of specified civil aviation regulatory decisions made by or on behalf of the civil aviation director, said James Meager, New Zealand’s acting transport minister.

The government aims to make it easier and more affordable for New Zealanders to challenge decisions significantly affecting their livelihoods, including the cancellation or suspension of pilot licences, Meager said in the news release.

“Until now, people have had to go to the courts to appeal a decision, a costly and time-consuming process,” Meager noted in the New Zealand government’s news release.

“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,” Meager added.

The new review function will focus on the most impactful decisions primarily concerning aviation documents, according to the news release.

Apart from decisions relating to pilot licences, these also include decisions regarding air operator’s certificates, airworthiness certificates, maintenance engineer’s licences, and individual exemptions from civil aviation regulations or rules, the news release said.

The new review function will not cover medical certification decisions already governed by the existing medical convener process, the news release added.

Fees

Application fees for reviews, which will partially recover the new review function’s costs, will be set at $1,000 (excluding GST) for individuals and $1,500 (excluding GST) for organisations and other cases, the New Zealand government’s news release said.

In contrast, an appeal before the District Court can cost over $300,000 and can take three to four years before reaching a hearing, Meager said in the news release. Meager added in the news release that he would soon be announcing the appointments of independent reviewers conducting these reviews.

The new review function will take effect this 5 April when the Civil Aviation Act 2023 comes into force.