1: Title
1: This Act is the Civil Aviation (Medical Certification) Amendment Act 2001.
2: In this Act, the Civil Aviation Act 1990 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 April 2002.
3: Purpose
The purpose of this Act is to amend the principal Act by incorporating provisions that enhance the safety of civil aviation by improving the regulation of medical certification.
2: Amendments to principal Act
4: Interpretation
Section 2 aviation examiner section 27F(2) or section 27Q(2)(c) Part 2A convener section 27J deputy convener section 27J medical examiner section 27F(1) or section 27Q(2)(b) section 27D registered medical practitioner
a: a person in New Zealand who is registered as a medical practitioner under the Medical Practitioners Act 1995
b: a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction specified examination
a: an examination of visual and colour perception; or
b: an examination of hearing; or
c: a psychological examination; or
d: any other class of examination prescribed in the rules
5: New
Part 2A The principal Act is amended by inserting, after Part 2
2A: Medical certification
27A: Interpretation
1: In this Part, unless the context otherwise requires,— accredited medical conclusion applicant licence holder
a: holds an aviation document or is a pilot; and
b: holds, or is required under the rules to hold, a medical certificate medical certificate operator
2: A medical certificate is not an aviation document.
3: In this Part, the phrase privileges to which a medical certificate relates
a: holds a current aviation document; or
b: is permitted under the rules to operate an aircraft solo as a pilot.
27B: Power of Director to issue medical certificate
1: After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates.
2: Despite subsection (1)
3: In subsection (2) flexibility
a: an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and
b: the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and
c: the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant's duties is dependent on compliance with those conditions, restrictions, or endorsements.
4: The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section.
5: Before issuing a medical certificate, the Director—
a: must have regard to the report of the medical examiner and any other information that may be relevant; and
b: may require the applicant, at the applicant's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant.
6: If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director.
7: The Director must maintain a register of current medical certificates issued under this section.
8: Any decision made under this section by the Director in relation to a medical certificate other than a decision under subsection (5)(b) section 27L
27C: Changes in medical condition of licence holder
1: Subject to any directions that the Director may issue under section 27G(1)(b)
a: must advise the Director of the change as soon as practicable; and
b: may not exercise the privileges to which the licence holder's medical certificate relates.
2: Subject to any directions that the Director may issue under section 27G(1)(b)
3: Subject to any directions that the Director may issue under section 27G(1)(b)
a: inform the licence holder that the Director will be advised of the condition; and
b: advise the Director of the condition.
4: An aviation examiner or medical examiner or a registered medical practitioner is not subject to any civil or criminal liability for—
a: doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or
b: doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that—
i: concern a licence holder; and
ii: are relevant to any action the Director may take under this Part.
5: In this section, indemnified act
a: advising the Director, whether in writing or otherwise, that a licence holder—
i: may not meet the medical standards prescribed in the rules; or
ii: may be unable to exercise safely the privileges to which the licence holder's medical certificate relates:
b: expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or registered medical practitioner has examined or treated may be unable to exercise safely the privileges to which the licence holder's medical certificate relates because of—
i: illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or
ii: the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity:
c: stating to the Director, whether in writing or otherwise,—
i: the nature of a licence holder's illness, infirmity, defect, incapacity, or risk of incapacity; or
ii: the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity.
27D: Medical examination, report, and disclosure
1: Before the Director issues a medical certificate, an applicant must have a medical examination by a medical examiner who must forward his or her report to the Director.
2: The Director may, by written notice, require any applicant to disclose, or authorise the disclosure of, any information relevant to his or her medical condition or history for the purpose of determining whether or not the applicant is eligible for a medical certificate under section 27B
27E: Expiry of medical certificate
The Director may, on receiving an application for a medical certificate from a licence holder before the expiry of his or her existing medical certificate, grant an extension of no more than 60 days from the expiry date of the licence holder's existing medical certificate with any additional conditions, restrictions, or endorsements as the Director considers necessary.
27F: Designation of aviation examiners and medical examiners
1: The Director must designate, by issuing an aviation document under section 9, 1 section 27D
2: The Director may designate, by issuing an aviation document under section 9
27G: General directions and emergency directives
1: The Director may, by notice in the Gazette
a: conducting examinations of applicants and licence holders, and reporting the results of those examinations to the Director; and
b: providing exceptions for temporary medical conditions to the reporting requirements set out in section 27C
c: specifying the requirements of examinations or other clinical matters, which must be reasonable, including, but not limited to,—
i: the medical content of examinations:
ii: the interpretation and analysis of results of examinations:
iii: the significance of results of examinations for the purpose of determining whether or not an applicant is eligible for a medical certificate under section 27B
2: Before issuing general directions under subsection (1)
3: General directions issued in relation to the matters specified in subsection (1)(a) or (c)
a: notified in writing to aviation examiners or medical examiners; and
b: incorporated in a medical manual issued by the Director.
4: The Director may issue directives in emergency situations without consultation or prior notice in the Gazette
a: must be published in the Gazette
b: expire on the day that is 90 days after the date on which they were issued.
5: The Director may reissue, under subsection (1) subsection (4)
27H: Investigation of medical condition of licence holder
1: The Director may, by written notice, require any licence holder, at the licence holder's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate, if the Director has reasonable grounds to believe that the licence holder—
a: may be unable to exercise safely the privileges to which the medical certificate relates; or
b: has obtained his or her medical certificate fraudulently.
2: If the Director has delegated under section 27O section 27B
3: The Director may, by written notice, require any licence holder, at the Authority's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate if—
a: the Director—
i: is monitoring licence holders on the basis of random selection from the register of current medical certificates that is required to be maintained under section 27B(7)
ii: has reasonable grounds to believe that the licence holder's medical certificate was issued in error; or
iii: is monitoring aviation examiners or medical examiners for compliance with the requirements of this Act or the rules; and
b: the Director has reasonable grounds to believe that any of those tests, examinations, re-examinations, or medical information are necessary to investigate the matters specified in paragraph (a)
4: The Director may, by written notice, require any licence holder to disclose, or authorise the disclosure of, any relevant information for the purpose of determining whether or not the licence holder—
a: meets the medical standards prescribed in the rules; or
b: is able to exercise safely the privileges to which the medical certificate relates.
27I: Revocation, suspension, amendment, and surrender of medical certificate
1: If the Director has reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director may, by written notice to the licence holder,—
a: suspend any medical certificate issued to the licence holder; or
b: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
2: If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director must, by written notice to the licence holder,—
a: suspend any medical certificate issued to the licence holder; or
b: revoke any medical certificate issued to the licence holder; or
c: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
3: If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O
a: may, by written notice to the licence holder,—
i: suspend any medical certificate issued to the licence holder; or
ii: revoke any medical certificate issued to the licence holder; or
iii: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and
b: may, by written notice to the person with delegated authority, revoke that person's delegated authority.
4: Any notice issued under this section must state the grounds for the Director's decision.
5: A notice of suspension issued under subsection (1)(a) or subsection (2)(a) or subsection (3)(a)(i) subsection (7)
6: Any conditions, restrictions, or endorsements that are imposed or made under subsection (1)(b) or subsection (2)(c) or subsection (3)(a)(iii) subsection (7)
7: If a notice is issued under subsection (1) or subsection (2) or subsection (3)
a: impose or amend conditions, restrictions, or endorsements for a specified period:
b: withdraw any conditions, restrictions, or endorsements:
c: disqualify the licence holder from holding the medical certificate for a specified period:
d: revoke the medical certificate:
e: cancel the suspension.
8: If the Director revokes a medical certificate under subsection (2)(b) or subsection (3)(a)(ii) or subsection (7)(d) or subsection (11) subsection (7)(a) subsection (7)(c) section 27L
9: A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a member of the police.
10: If the Director issues a notice under this section, the Director—
a: must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and
b: may notify any other affected aviation document holder.
11: The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1) or section 27H(3) or section 27H(4)
12: Any licence holder may return his or her medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate.
13: If a licence holder asks the Director to cancel his or her medical certificate, the Director must—
a: cancel the medical certificate; and
b: update the register of current medical certificates.
27J: Appointment of convener and deputy convener
1: The Minister must—
a: appoint a convener and a deputy convener for a period of no longer than 3 years; and
b: consult with the Director, and other parties as the Minister thinks fit, before making either appointment; and
c: take into account any representations made under paragraph (b)
2: The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which may not exceed 3 years.
3: If the Minister renews an appointment, he or she must—
a: consult with the Director, and other parties as the Minister thinks fit, before making the renewal; and
b: take into account any representations made under paragraph (a)
4: The convener and the deputy convener must—
a: be registered medical practitioners who are suitably qualified, and experienced or knowledgeable in civil aviation; and
b: be able to represent the public interest in aviation safety.
5: If the convener is unavailable for any reason, the deputy convener must discharge the duties of the convener under this section until—
a: the convener is available; or
b: the Minister has appointed a new convener.
27K: Cancellation of appointment as convener or deputy convener
1: The Minister may cancel a person's appointment under section 27J(1)
2: Before cancelling an appointment, the Minister must—
a: give the person written notice of the matters that constitute grounds for cancellation; and
b: give the person a reasonable opportunity to make representations that explain why his or her appointment should not be cancelled; and
c: take into account any representations made under paragraph (b)
3: If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation.
27L: Review of decisions regarding medical certificates or applications
1: A licence holder or an applicant may, within 20 working days of a decision being made, ask the convener in writing to review the following decisions made by the Director about that person's medical certificate or application:
a: any decision made under section 27B section 27B(5)(b)
b: any decision made under section 27I
i: section 27I(1)
ii: section 27I(2)(a)
iii: section 27I(2)(c)
iv: section 27I(3)(a)(i)
v: section 27I(3)(a)(iii)
2: If such a request is made, the convener must, as soon as practicable, review the decision.
3: The convener—
a: must draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the decision that is under review; and
b: must have regard to the purpose and scheme of the Act and the Director's duties under the Act when carrying out his or her review of the decision; and
c: may require the person who asked for the review, at that person's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the convener considers reasonably necessary to carry out his or her review of the decision; and
d: must receive and consider the relevant evidence provided under subsection (6)
4: The convener must, as soon as practicable, report the results of his or her review to the Director in writing.
5: The Director must, within 10 working days of receiving the convener's report, implement the results of the decision contained within the convener's report or, if the Director does not implement the convener's report, notify the licence holder or applicant, in writing, of the Director's reasons for not doing so.
6: The licence holder or applicant or Director may, either directly or through his or her medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review.
7: The convener may not review a decision made by the Director if the convener—
a: acted as an aviation examiner or medical examiner of the person requesting the review with respect to that person's application for a medical certificate; or
b: has any other conflict of interest with respect to the person's medical certificate.
8: Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5)
27M: Referral to convener by agreement
1: An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application.
2: If an application is referred to the convener under subsection (1)
a: the deadline imposed on the Director under section 27B(1)
b: the convener must,—
i: as soon as practicable, assess the application; and
ii: draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and
iii: require the applicant, at the applicant's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and
iv: have regard to the purpose and scheme of the Act and the Director's duties under the Act when making his or her assessment of the application; and
v: as soon as practicable, report the results of his or her assessment to the Director in writing; and
vi: receive and consider the relevant evidence provided under subsection (5)
3: The Director must, within 10 working days of receiving the convener's report,—
a: consider the convener's report; and
b: make his or her decision in writing; and
c: provide to the applicant—
i: a copy of the convener's report; and
ii: a copy of the Director's decision.
4: If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director's eventual decision.
5: The applicant or Director may, either directly or through his or her medical experts, participate in the convener's assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application.
6: The convener may not assess the application if the convener—
a: acted as an aviation examiner or medical examiner of the applicant with respect to that person's application for a medical certificate; or
b: has any other conflict of interest with respect to the person's medical certificate.
27N: Delegation of Director's powers under this Part to registered medical practitioners who are employees of Authority
1: The Director may, either generally or particularly, delegate to any suitably qualified registered medical practitioner who is an employee of the Authority any of the Director's functions and powers under this Part or under the rules relating to medical certification.
2: Every delegation under this section must be in writing.
3: The Director may not delegate the power to delegate under this section.
4: The provisions of subsections (6), (7), (9), (10), and (11) of section 23
a: references in those provisions to the Authority were references to the Director; and
b: references in those provisions to any employee of the Authority were references to any employee of the Authority other than the Director.
5: Any delegation under this section may be made to a suitably qualified registered medical practitioner who is the holder of a specified office of the Authority.
27O: Delegation of Director's power under this Part to medical examiners who are not employees of Authority
1: The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the Authority any of the Director's functions and powers under this Part or under the rules relating to medical certification other than the power under this Part to revoke medical certificates.
2: Despite subsection (1) section 27B(1) section 27Q(3)
3: Every delegation under this section must be in writing.
4: Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this section may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this Act and not by delegation.
5: Any delegation under this section may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office.
6: Every delegation under this section must be given for a specified period but in any event must be revocable at will.
7: No delegation under this section may—
a: affect or prevent the exercise of any function or power by the Director; or
b: affect the responsibility of the Director for the actions of any person acting under the delegation.
8: Every delegation under this section continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office.
9: Every person purporting to act under any delegation under this section may, when reasonably requested to do so, produce evidence of his or her authority to so act.
10: The Director may not delegate under this section any of his or her functions or powers under section 27L or section 27M
27P: Right of appeal to District Court
Any person affected by a decision of the Director under section 27B section 27B(5)(b) section 27I(7), section 27I(11), section 27L, or section 27M section 66
27Q: Transitional provisions
1: Part 67 of the rules
a: any application for a medical certificate lodged before the commencement of this Part:
b: any action begun with respect to a medical certificate before the commencement of this Part.
2: In the absence of rules providing for the issue of aviation documents to aviation examiners or medical examiners,—
a: the Minister must establish the selection criteria for the issue of aviation documents to aviation examiners or medical examiners or classes of aviation examiners or medical examiners that the Director must use to issue those aviation documents, including any reasonable requirements—
i: for examinations, training, and experience; and
ii: for ongoing training and development; and
iii: relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers; and
b: the Director must designate, by issuing an aviation document under section 9 section 27D
c: the Director may designate, by issuing an aviation document under section 9
3: In the absence of rules under section 30(b)(x) or section 30(b)(xi)
a: any requirements for the grant of delegations by the Director under section 27O(2)
b: any requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2)
27R: Savings
Any medical certificate issued under the rules before the commencement of this Part is deemed to be a medical certificate issued under this Part.
6: Requirement for aviation document
Section 7(1)
s: any person who is an aviation examiner or medical examiner.
7: Rules relating to general matters
1: Section 30(a) subparagraph (vi)
via: aviation examiners or medical examiners: .
2: Section 30(b)
ix: the requirements relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers:
x: the requirements for the grant of delegations by the Director under section 27O(2)
xi: the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2)
xii: the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion: .
8: Fees and charges
Section 38(1) paragraph (b)
ba: to reimburse the Authority and the convener for costs directly associated with the Director's functions and the convener's functions under Part 2A .
9: Amendments to offence provisions
The principal Act is amended by inserting, after section 46
46A: Acting without required medical certificate
1: Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person—
a: does not hold an appropriate current medical certificate issued under Part 2A
b: knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or
c: fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4)
2: Every person who commits an offence under subsection (1)
46B: Fraudulent, misleading, or intentionally false statements to obtain medical certificate
1: Every person commits an offence who makes or causes to be made—
a: any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A
b: any fraudulent, misleading, or intentionally false entry in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on any medical certificate under Part 2A
c: any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A
d: any fraudulent, misleading, or intentionally false statement during an investigation under section 27H section 27L section 27M
2: Every person who commits an offence under subsection (1)
46C: Failure to disclose information required by Director
1: Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) or section 27H
2: Every person who commits an offence under subsection (1)
10: Evidence and proof
1: Section 71(1) paragraph (c)
ca: the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A .
2: Section 72I(4) paragraph (a)
aa: the issue, suspension, or revocation of medical certificates; or .
11: Consequential amendments to principal Act
The principal Act is consequentially amended in the manner indicated in the Schedule.
12: Consequential amendments to rules
1: The rules are amended by revoking the following rules:
a: rule 61.35(b) to (d) (medical requirements):
b: rule 63.23(b) (medical requirements):
c: rule 63.23(c) (medical requirements):
d: rule 65.25(b) (medical requirements):
e: rule 65.25(c) (medical requirements):
f: rule 67.03(b) (application):
g: rule 67.05 (aviation medical assessors and designated medical examiners):
h: rule 67.07 (medical examinations):
i: rule 67.09 (issue of medical certificates):
j: rule 67.13 (review assessments):
k: rule 67.15 (special medical assessments):
l: rule 67.19(a) (certificates, reports and records):
m: rule 67.53 (general requirements).
2: Rule 1.1 (general definitions) is amended by revoking the definitions of aviation medical assessor designated medical examiner flexibility
3: Rule 1.1 (general definitions) is amended by revoking the definition of valid valid
a: in respect of a licence or rating, the document has been issued in accordance with the Civil Aviation Rules, and is not expired, suspended, or revoked; and
b: in respect of a medical certificate, the medical certificate has been issued in accordance with the Act, and is not expired, suspended, or revoked.
4: Rule 61.35(a)(1) (medical requirements) is amended by omitting the words Part 67 of these rules the Act
5: Rule 61.43(a) (examination for continued fitness or proficiency) is amended by—
a: omitting the words undergo a medical or other take an
b: omitting the words continued fitness or
6: Rule 61.43(b) (examination for continued fitness or proficiency) is amended by omitting the words medical or other
7: Rule 61.43(c) (examination for continued fitness or proficiency) is amended by omitting the words undergoes a medical or other takes an
8: The heading to rule 61.43 (examination for continued fitness or proficiency) is amended by omitting the words continued fitness or
9: Rule 63.27(a) (examination for continued fitness or proficiency) is amended by—
a: omitting the words undergo a medical or other take an
b: omitting the words continued fitness or
10: Rule 63.27(b) (examination for continued fitness or proficiency) is amended by omitting the words medical or other
11: Rule 63.27(c) (examination for continued fitness or proficiency) is amended by omitting the words undergoes a medical or other takes an
12: The heading to rule 63.27 (examination for continued fitness or proficiency) is amended by omitting the words continued fitness or
13: Rule 65.27(a) (examination for continued fitness or proficiency) is amended by—
a: omitting the words undergo such medical or other take such an
b: omitting the words fitness or
14: Rule 65.27(b) (examination for continued fitness or proficiency) is amended by omitting the words undergoes a medical or other takes an
15: The heading to rule 65.27 (examination for continued fitness or proficiency) is amended by omitting the words continued fitness or
16: Rule 67.03(a) (application) is amended by omitting the words this Part the Act
17: Rule 67.03(a)(4) (application) is amended by omitting the words and the relevant Aviation Medical Assessor
18: Rule 67.03(a)(5) (application) is amended by omitting the words Aviation Medical Assessor or Designated Medical Examiner medical examiner
19: Rules 61.105(2) (student pilots flying solo), 61.153(a)(2) (private pilots licences), 61.203(3) (commercial pilot licences), 63.23(a)(1) (flight engineers licences), 63.53(2) (eligibility requirements), 65.25(a)(1) (air traffic controller licences), 65.53(a)(2) (eligibility requirements), and 105.5(c)(3) are amended by omitting the expression Part 67 the Act


1: Title
1: This Act is the Commerce (Clearance Validation) Amendment Act 2001.
2: In this Act, the Commerce Act 1986 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Consideration of notices applying for clearance made before 26 May 2001
1: This section applies to a notice under section 66(1)
a: was given to the Commission before the commencement of section 11 Commerce Amendment Act 2001
b: had not been finally disposed of before that commencement.
2: The principal Act applies to a notice (other than the notice seeking clearance for the proposed acquisition that was the subject of the proceedings Foodstuffs (Auckland) Limited v Commerce Commission and Progressive Enterprises Limited section 11 Commerce Amendment Act 2001
3: Every action of the Commission before the commencement of this Act must for all purposes be treated as being as valid and effectual as it would have been if this Act had come into force on the commencement of section 11 Commerce Amendment Act 2001
4: This section is for the avoidance of doubt.


Child Support Amendment Act 2001

1: Title
1: This Act is the Child Support Amendment Act 2001.
2: In this Act, the Child Support Act 1991 the principal Act
2: Commencement
Except as provided in section 3(5)
3: Remedial amendments relating to relevant income year for assessments of child support
1: Section 2(1)
a: omitting from paragraph (a) last relevant income year source deduction payments withholding income
b: inserting, in their appropriate alphabetical order, the following definitions: income from employment paragraph (a) of the definition of that term in section OB1 of the Income Tax Act 1994 section OB1 of the Income Tax Act 1994 withholding income
a: income from employment that has a New Zealand source that is subject to the PAYE rules (as defined in section OB1 of the Income Tax Act 1994
b: interest or a dividend that has a New Zealand source that is subject to the RWT rules (as defined in section OB1 of the Income Tax Act 1994 .
2: Section 29(1) paragraph (a) child support income amount source deduction payments withholding income
3: The heading to section 38A source deduction payments not available withholding income not available for full income year
4: Section 38A(1) source deduction payments withholding income
5: This section is deemed to have come into force on 1 April 2001 and applies to child support payable for the child support year that commenced on 1 April 2001 and for subsequent child support years.
6: Despite subsection (5)
a: a liable parent objected to the assessment on the ground set out in section 91(1)(a)
b: the assessment is altered by the Commissioner under section 92(4)
4: Maximum rate of child support
1: Section 29(1)(b) child support income amount twice 2.5 times
2: Section 29(1)(b) inflation percentage average
3: Section 38A(2)(b) twice 2.5 times
4: Section 39(2) twice 2.5 times
5: This section applies to child support payable for the child support year commencing 1 April 2002 and for subsequent child support years.
5: Minimum rate of child support
1: Section 72(1) paragraph (a)
a: child support under a formula assessment is, in respect of all of the children for whom the parent is liable to pay child support under a formula assessment,—
i: for the child support year commencing 1 April 2002, $663:
ii: for the child support year commencing 1 April 2003, $663 adjusted by the movement in the all groups index number of the New Zealand Consumer Price Index during the 9-month period that ends with 31 December 2002:
iii: for each subsequent child support year, the minimum annual child support rate under this paragraph for the immediately preceding child support year, adjusted by the applicable inflation percentage: .
2: The principal Act is further amended as set out in the Schedule.
3: This section applies to child support payable for the child support year commencing 1 April 2002 and for subsequent child support years.
4: The new minimum annual rate of child support substituted by this Act does not apply to orders and determinations made on or before the commencement of this Act, or to formula assessments that implement those orders and determinations.
5: The new minimum annual rate of child support substituted by this Act applies to orders and determinations made after the commencement of this Act, and to formula assessments that implement those orders and determinations, but only in relation to child support payable on or after 1 April 2002.
6: Subsections (4) (5)


1: Title
1: This Act is the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001.
2: In this Act, the Employment Relations Act 2000 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to validate the registration of certain societies as unions under the principal Act, and to provide for matters relating to the validation; and
b: to amend the principal Act to provide that the Employment Relations Authority, in complying with the rules of natural justice, is not required to allow cross-examination of parties or persons, but may, in its absolute discretion, permit such cross-examination.
2: Validation of union registration, and amendments relating to cross-examination
Validation of union registration and related matters
4: Registration of unions validated
1: A society that the Registrar of Unions purported to register as a union before the commencement of the principal Act is deemed to be, and to have always been, registered as a union by the Registrar of Unions on 2 October 2000.
2: The registration of a society as a union on or after the commencement of the principal Act is not to be treated as unlawful or of no effect because the society's application for registration as a union was made, or made and processed, before the commencement of the principal Act.
5: Certificates of registration
1: The certificate of registration of a society that section 4(1)
2: If the certificate of registration of a society that section 4(1) (2) subsection (3)
3: A second certificate of registration has no effect if the certificate was obtained—
a: by a society that section 4(1) (2)
b: after the commencement of the principal Act but before the commencement of this Act.
4: The Registrar of Unions may—
a: issue a certificate of registration, showing a date of registration of 2 October 2000, to replace a certificate of registration referred to in subsection (1)
b: issue a certificate of registration to replace a cancelled certificate of registration referred to in subsection (2)
c: cancel a second certificate of registration referred to in subsection (3)
6: Acts not invalid because of pre-commencement application, processing, or registration
Nothing done by any person (including the Crown, the Registrar of Unions, a society, or an employer) is to be treated as unlawful or of no effect because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
7: No liability
No person (including the Crown, the Registrar of Unions, a society, or an employer) is under any liability, and no compensation is payable to any person, because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
8: Penalties
Nothing in this Act makes anything done or omitted to be done by a person before the commencement of this Act a breach of an employment agreement or the principal Act.
9: Costs
Nothing in this Act affects the power of the Court of Appeal to make an order for costs, or affects any liability to pay costs, in the case of New Zealand Employers Federation Incorporated v National Union of Public Employees (NUPE) and Others Amendments relating to cross-examination
10: Role of Authority
Section 157 subsection (2)
2A: Subsection (2)(a)
11: Procedure
Section 173 subsection (1)
1A: Subsection (1)(a)


1: Title
1: This Act is the Crimes (Criminal Appeals) Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
1: Amendments to principal Act
3: Interpretation
Section 379 rules of Court and section 51C Judicature Act 1908
4: Revesting and restitution of property on conviction
Section 387(1) paragraphs (a) (b)
a: in any case, until the expiration of any period within which an appeal against conviction or sentence may be lodged; and
b: if an appeal against conviction or sentence is lodged, until the determination of the appeal, unless otherwise ordered by the Court,—.
5: Time for appealing
1: Section 388(1) 10 days 28 days
2: Section 388(1)
6: New
section 390 The principal Act is amended by repealing section 390
390: Duty of Solicitor-General
1: It is the duty of the Solicitor-General to—
a: represent the Crown on every appeal against conviction or sentence; and
b: appear at every hearing involving oral submissions on an appeal or application for leave to appeal under this Part.
2: The Solicitor-General's duties under subsection (1)
a: may be performed by any other counsel employed or engaged by the Crown; and
b: do not apply in the case of a private prosecution.
7: Duties of Registrar with respect to notices of appeal, etc
1: Section 392 subsection (1)
1A: For every appeal against conviction or sentence, the Registrar must prepare a preliminary case on appeal comprising—
a: the trial transcript; and
b: the trial Judge's summing up to the jury, if the Registrar considers it relevant to the grounds of appeal; and
c: any other documents, exhibits, or other things connected with the proceedings that the Registrar considers are relevant to the grounds of appeal and appropriate for inclusion in the preliminary case on appeal.
1B: A preliminary case on appeal prepared under subsection (1A)
a: the Court or Judge deciding the mode of hearing; and
b: the parties to the appeal; and
c: the Legal Services Agency, on request by the Agency.
2: Section 392(2)
3: Section 392
6: When notifying parties about the decision on the mode of hearing, the Registrar must also advise parties of the procedure and time frames required by the rules of Court relating to—
a: making written submissions on the mode of hearing; and
b: in the case of a hearing on the papers, making written submissions on the appeal or application, for consideration at the hearing; and
c: in the case of an oral hearing, providing written material to the Court and the other party; and
d: in all cases, exercising the right of reply.
7: After an appeal or application is determined by the Court, the Registrar must send a copy of the decision to the parties as soon as is reasonably practicable.
8: New
sections 392A 392B The principal Act is amended by inserting, immediately before section 393
392A: Decision about mode of hearing
1: An appeal or application for leave to appeal must be dealt with by way of a hearing involving oral submissions unless the Judge or Court making the decision on the mode of hearing determines, on the basis of the information contained in the notice of appeal, notice of application, or other written material provided by the parties, that the appeal or application—
a: can be fairly dealt with on the papers; and
b: either has no realistic prospect of success or clearly should be allowed.
2: In determining whether an appeal or application can be fairly dealt with on the papers, the Judge or Court may consider any matters relevant to the decision on the mode of hearing, including such matters as—
a: whether the appellant has been assisted by counsel in preparing the appeal or application:
b: whether the appellant has been provided with copies of the relevant trial documentation:
c: the gravity of the offence:
d: the nature and complexity of the issues raised by the appeal or application:
e: whether evidence should be called:
f: any relevant cultural or personal factors.
3: A Judge of the Court of Appeal, acting alone, may make a decision about the mode of hearing a particular appeal or application, but no Judge acting alone may reverse a decision on mode that has been made by the Court.
4: The Court of Appeal may, at any time, either on its own initiative or on the application of any party, change the mode of hearing a particular appeal or application to an oral hearing, having regard to any written submissions made by the parties concerning the mode of hearing.
5: The Court or Judge making the decision on the mode of hearing must apply section 392B(2)
6: Every decision about the mode of hearing an appeal or application must be in writing, be accompanied by reasons (unless the decision is that the hearing will be an oral hearing), and be provided by the Registrar to the parties.
392B: Hearings on the papers
1: This section applies to appeals and applications for leave to appeal that are disposed of by the Court of Appeal by way of a hearing on the papers.
2: The parties to the appeal or application may make written, but not oral, submissions to the Court, and may include in their submissions—
a: additional relevant written material; and
b: responses to any submissions made by the other party.
3: Neither the parties nor their representatives may appear before the Court.
4: The appeal or application must be determined by the Court on the basis of the written material before it.
5: Consideration of the written material may be undertaken in whatever manner the Court thinks fit.
6: Paragraphs (b), (c), (d), and (e) of section 389
9: Right of appellant to be represented
1: The heading to section 395 , and restriction on attendance
2: Section 395 subsection (1)
1: At the hearing of an appeal, or an application for leave to appeal, or on any proceedings preliminary or incidental to an appeal or application, the appellant may be represented by counsel.
1A: If an appellant is in custody, he or she is not entitled to be present at a hearing involving oral submissions unless—
a: the rules of Court provide that he or she has the right to be present; or
b: the Court of Appeal gives leave for him or her to be present.
10: Judgment of Court of Appeal
Section 398 subsection (2)
2: Every judgment of the Court of Appeal on an appeal or application under this Part (other than one relating to a preliminary or incidental matter) must be accompanied by reasons.
11: Rules of Court
1: Section 409(1) High Court , the Court of Appeal,
2: Section 409 subsection (2)
2: Until such rules are made, and so far as they do not extend, the existing practice and procedure of the High Court and the Court of Appeal remain and are in force in those Courts as far as they are not altered by or inconsistent with the provisions of this Act.
3: The practice and procedure of the High Court must be followed by all District Courts in proceedings on indictment.
12: Transitional provisions
1: If, before the commencement of this Act, a fixture for a hearing involving oral submissions has been set down for an appeal or application, then the principal Act and the Court of Appeal (Criminal) Rules 1997
2: Any other appeal or application made before the commencement of this Act must be dealt with as if it had been made after the commencement of this Act, and the principal Act and the Court of Appeal (Criminal) Rules 1997
2: Validation of determinations
13: Validation of determinations made before act commences
1: No determination of an appeal or application for leave to appeal that was made under Part 13
a: a failure to comply with Part 13 Court of Appeal (Criminal) Rules 1997
b: a failure to comply with the Criminal Appeal Rules 1946
c: a failure to give reasons for the determination or judgment.
2: Subsection (1)
a: Fa'afete Taito v The Queen
b: James McLeod Bennett and 11 Others v Attorney-General and 2 Others
3: Nothing in this section affects the right of any person to apply for the exercise of the prerogative of mercy.
14: Application for leave for rehearing
1: This section applies to any person—
a: who appealed, or applied for leave to appeal, under Part 13
b: who applied for legal aid in respect of the appeal or application, but was not granted legal aid in respect of it; and
c: whose appeal or application was determined without oral submissions being heard; and
d: whose appeal or application was dismissed.
2: An applicant to whom this section applies may, at any time before the closing date set by Order in Council made under subsection (4) section 16
3: An application for a rehearing must—
a: identify a failure of the sort described in any of paragraphs (a) (b) (c)
b: set out the grounds on which the applicant claims that a miscarriage of justice has occurred.
4: The Governor-General may, by Order in Council, set the closing date by which applications for leave for a rehearing must be received by the Court of Appeal. The Order in Council may not be made until at least 1 year after the date on which the following cases before the Judicial Committee of the Privy Council are finally determined:
a: Fa'afete Taito v The Queen
b: James McLeod Bennett and 11 Others v The Queen
15: Decision on application for leave for rehearing
1: The decision on an application for leave for a rehearing must be made by a Judge of the Court of Appeal, acting alone, on the basis of—
a: written material provided by the applicant in his or her application; and
b: any written submissions made by the respondent; and
c: any written submissions provided by the applicant in response to written submissions made by the respondent; and
d: any documents that form part of the Court record that the Judge considers necessary for the proper determination of the application.
2: Neither the parties nor their representatives may appear before a Judge on an application for leave for a rehearing.
3: The Registrar must, upon request, supply an applicant or prospective applicant with any documents that form part of the Court record that the Registrar considers necessary for the proper determination of the application.
4: The Judge must grant leave for a rehearing if he or she is satisfied that—
a: a failure of the sort described in any of paragraphs (a) (b) (c) 13(1)
b: there is an arguable case that a miscarriage of justice has occurred.
16: Rehearing of appeals and applications
1: The Court of Appeal may rehear any appeal, or application for leave to appeal, for which leave has been granted under section 15
2: The rehearing of an appeal or application for leave to appeal must be conducted as if it were an original appeal or application, and Part 13