Open Access Te Herenga Waka-Victoria University of Wellington
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Comparative study of civil aviation de-licensing regimes in New Zealand, Australia and Canada

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posted on 2021-11-14, 01:33 authored by Parnell, John

This paper looks at the civil aviation law for New Zealand, Australia, the USA and Canada in regards to the ‘de-licensing’ of participants in the aviation system. The comparative analysis is on each country’s ability to take administrative action against an aviation participant on an ‘on notice’ basis and, in cases where there is an imminent threat to aviation safety, on a ‘without notice’ basis. Issues looked at include:  (a) The process the regulator must adhere to in bringing administrative action. (b) The appeal or review rights available to the aviation participant. (c) The availability of a stay to the aviation participant while he or she waits a full hearing. (d) The availability of a specialist tribunal with aviation expertise to hear an appeal.  The issues are examined in order to determine what, if any, improvements could be made to the New Zealand system. The paper concludes that the New Zealand system could be improved by providing for a more streamlined appeal or review process; a unified transport tribunal dealing with land transport, maritime and civil cases and an ability, in limited circumstances, for the Director's decision to be stayed pending a full hearing.


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Date of Award



Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline


Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Level


Degree Name

Master of Laws

ANZSRC Type Of Activity code

940407 Legislation, Civil and Criminal Codes

Victoria University of Wellington Item Type

Masters Research Paper or Project



Victoria University of Wellington School

School of Law


Angelo, Tony