New Zealand Case Law: Decisions & Judgments

7 Oct 2021

NEW ZEALAND AVIATION FEDERATION (INC) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2021] NZHC 2674

Citation: [2021] NZHC 2674
Court: High Court

CAR 19.207(3) must be read to require both the carriage of specified non-GNSS (sole-means) navigation equipment and that those sole-means systems be appropriate to and able to provide navigation for the specific route segment; the Director validly exercised s37(2)(d) to exempt operators from the 'appropriate for the route' limb subject to conditions that mitigate safety risk pending rule change; allegations of improper purpose, abuse of discretion, failure to consult and Wednesbury unreasonableness were not established and the NZAF's claims were dismissed.

PITMAN v CAA [2021] NZHC 1507

Citation

[2021] NZHC 1507

Court

High Court

The High Court held the gravity of the offending was at the upper end of moderate but overall reduced to low by mitigating factors; the adverse effects on career and mental health were not shown to be out of all proportion to the offending, so the Judge did not err in refusing a discharge without conviction and the appeal was dismissed.