Comparative study of civil aviation de-licensing regimes in New Zealand, Australia and Canada
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.