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Civil Aviation Act 1990

Medical certification

27L: Review of decisions regarding medical certificates or applications

You could also call this:

“How you can ask for a second look at decisions about your pilot medical certificate”

If you have a pilot’s licence or are applying for one, you can ask for a review of certain decisions about your medical certificate. You need to ask the convener in writing within 20 working days of the decision being made.

The convener will review the decision as soon as possible. They will get help from at least one expert and will think about the purpose of the law when doing the review. The convener might ask you to have more tests or provide more medical information if needed.

You or the Director can give evidence to the convener about any medical issues related to the decision. The convener will write a report about their review and give it to the Director.

The Director has 10 working days to follow what the convener’s report says. If they don’t, they must tell you why in writing.

The convener can’t review a decision if they were involved in your medical certificate application or if they have any other conflict of interest.

While the review is happening, the original decision stays in place until the Director makes a final decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216316.

Topics:
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Part 2A Medical certification

27LReview 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:

  2. any decision made under section 27B, other than a decision made under section 27B(5)(b):
    1. any decision made under section 27I, other than a decision made under—
      1. section 27I(1); or
        1. section 27I(2)(a); or
          1. section 27I(2)(c); or
            1. section 27I(3)(a)(i); or
              1. 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—

              4. 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
                1. 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
                  1. 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
                    1. must receive and consider the relevant evidence provided under subsection (6).

                      1. The convener must, as soon as practicable, report the results of his or her review to the Director in writing.

                      2. 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.

                      3. 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.

                      4. The convener may not review a decision made by the Director if the convener—

                      5. 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
                        1. has any other conflict of interest with respect to the person's medical certificate.

                          1. Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5).

                          Notes
                          • Section 27L: inserted, on , by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
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