Reviewing a Civil Aviation Authority decision

What you need to know

If you are a person, owner or operator affected by a decision made by (or on behalf of) the Director of Civil Aviation, you have the option of applying for an expert independent review of specified decisions.

The independent review function was set up under the Civil Aviation Act 2023 to provide a faster, more affordable alternative to appealing decisions made by (or on behalf of) the Director through the courts. Independent reviewers are appointed by the Minister of Transport, but their role is independent to the CAA and the Government.

To have a decision reviewed you need to complete an application form, supply the relevant information and (if your application is accepted) pay the application fee. The relevant information includes identifying the aspects of the decision that you are applying to have reviewed.

If your application is accepted, the reviewer will review your case and report their recommendations to the Director of Civil Aviation and to you as the applicant. The Director then makes the final decision on whether to accept the reviewer’s recommendations and will notify you of that decision.

Two classes of decisions will be reviewable.

· Relevant categories of decisions taken by (or on behalf of) the Director that are appealable to the District Court (under section 453(3) of the Civil Aviation Act 2023), namely:

o a decision to decline to register an aircraft

o 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)

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

o a decision to issue an improvement notice (which sets out what a person needs to do to remedy or prevent the contravention of civil aviation legislation), but only when decided by the Director (or their delegate) rather than an inspector, and

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

· Decisions by the Director to grant, or not to grant, individual exemptions from civil aviation regulations or rules.

Decisions that are not subject to review include:

· Any other decision made by (or on behalf of) the Director, including for example:

o decisions on medical certification (these are covered by the medical convenor process, that has been in place for several years and continues under the new Act)

o decisions governed by the Solicitor-General's prosecution guidelines or established Court processes (in the case of infringement offence notices)

o decisions on pecuniary matters relating to invoicing and/or the payment of fees and charges

o other regulatory decisions made under the Civil Aviation Rules not covered in the previous section

o decisions by the Director to grant, or not to grant, class exemptions (applicable to all parties) from civil aviation regulations or rules.

· Any decisions made by individual CAA personnel or authorised persons exercising powers deemed to them under the Act (i.e. not acting on behalf of the Director).

You must apply for an independent review within 20 working days after the date that the CAA notified you of the decision you are seeking review of.

You can apply by completing the online application form, which will be available here from 5 April 2025.

An independent review costs:

$1000 (excl GST) per application for an individual
$1500 (excl GST) per application for an organisation.

There isn’t a set timeframe for how long a review will take. It will depend on availability of the reviewers and complexity of the review. Some reviews involve complex issues and may require the Reviewer to consult other experts, which may take more time.

The review process

The independent review online application form and step-by-step process will be available here from 5 April 2025.

Roles and responsibilities

Independent reviewers

Independent reviewers are appointed by the Minister of Transport. Their role is to review certain decisions and report their recommendations to the Director as soon as practicable.

They may require relevant parties to provide evidence and may draw on the advice and expertise of any suitably qualified persons to assist in reviewing a decision.

The Government will announce the appointment of reviewers in the coming weeks.

Ministry of Transport

The Ministry provides secretariat support for reviewers which includes:

receiving and acknowledging applications
seeking information, and communicating with the Director, applicants, and other persons on the reviewers’ behalf
ensuring all documentation related to reviews is maintained and recorded appropriately

We also provide legal support to the secretariat and reviewers on queries relating to the review process. This may include advice on whether an application is in scope for a review, compliance with the Act, grounds for declining an application or any preliminary legal assessment that reviewers may seek.

Contact us

If you would like to discuss any aspect of the Independent Review Function or ask for more information, please contact us at independentreview@transport.govt.nz.

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