New Independent Review Process to Overhaul Civil Aviation Decision Appeals

A More Accessible and Affordable Avenue for Challenging Civil Aviation Regulatory Decisions.

In a significant reform aimed at enhancing transparency and accessibility in the civil aviation sector, Acting Transport Minister James Meager has announced the establishment of a new independent review function. This initiative will allow individuals and organisations to seek expert independent reviews of specified regulatory decisions made by, or on behalf of, the Director of Civil Aviation.

The new review mechanism, set to become operational on 5 April 2025, coincides with the commencement of the Civil Aviation Act 2023. It is designed to provide a more cost-effective and expedient alternative to the current appeal process, which often requires taking cases to court—a route that can be both financially burdensome and time-consuming.

Providing Relief for Aviation Professionals

“For too long, those impacted by major regulatory decisions—such as the suspension or cancellation of a pilot’s licence—have had no choice but to endure lengthy and expensive court proceedings,” Minister Meager stated. “We are committed to ensuring that New Zealanders in the aviation sector have a more accessible and affordable option to challenge decisions that significantly impact their livelihoods.”

The independent review function will focus on high-impact regulatory decisions related to aviation documents, including but not limited to:

• The granting or suspension of pilot licences
• Air operator’s certificates
• Airworthiness certificates
• Maintenance engineer’s licences
• Individual exemptions from civil aviation regulations or rules

Exemptions and Cost Structure

Medical certification decisions will not fall under the purview of the new independent review function. These cases will continue to be assessed through the existing medical convener process.

To ensure the review process remains financially viable, application fees will be set at $1,000 (excluding GST) for individuals and $1,500 (excluding GST) for organisations. These fees will only partially recover the costs associated with the new function, making it a far more affordable alternative to legal appeals.

“In contrast to the exorbitant costs associated with court appeals—which can exceed $300,000 and take up to four years to reach a hearing—this new function will offer a quicker, more efficient resolution process,” Minister Meager highlighted.

Selection of Independent Reviewers

The government is currently in the process of selecting qualified independent reviewers to carry out these assessments. Minister Meager confirmed that an announcement regarding their appointment would be made in the near future. The selection criteria for these reviewers will focus on their expertise in civil aviation regulations, industry knowledge, and impartiality in handling complex regulatory disputes.

Industry Impact and Future Outlook

This reform is expected to be a game-changer for aviation professionals and organisations that have long struggled with the inefficiencies of the traditional appeals process. By reducing costs and expediting decision reviews, the new function is poised to enhance confidence in the regulatory system and support continued industry growth.

“This initiative is about fostering a fairer, more accessible regulatory framework that allows aviation professionals to focus on what they do best—contributing to New Zealand’s economic growth and ensuring the highest standards of safety in our skies,” Minister Meager concluded.

With its launch just over a year away, industry stakeholders will be closely watching the implementation of this review function, which promises to be a pivotal step toward modernising the civil aviation appeals process in New Zealand.