Civil Aviation Regulatory Medical Decisions:

What are my Review Options?

This document outlines options available to applicants for a CAA medical certificate who are dissatisfied with a decision made in respect of their application. This could include a decision to decline the issue of a medical or a decision to issue a medical certificate with conditions, restrictions, or endorsements.

On 01 April 2002 the medical certification system for participants in the civil aviation system of New Zealand changed due to the amendment of the Civil Aviation Act 1990 (the Act). This amendment inserted Part 2A which prescribes the requirements relating to medical certification. Section 27B grants the Director the power to issue medical certificates. This function may be delegated to suitably qualified medical examiners in accordance with section 27O and the term the Director, used in this document, will refer to both the Director of Civil Aviation and his delegates.

If an applicant is dissatisfied with a decision relating to their application for a medical certificate, they may elect to pursue any of the following options:

  1. Review by convener

    Section 27L of the Civil Aviation Act 1990 provides for Review of decisions regarding medical certificates or applications. Under this section an applicant may, within 20 working days, request the convener to review a decision. The type of decisions that can be reviewed by the convener are:

    1. any decision taken under section 27B to:

      1. grant an application for a medical certificate, or
      2. grant an application but impose conditions, restrictions, or endorsements on the medical certificate, or
      3. decline an application for a medical certificate.
    2. any decision under section 27I other than decisions relating to the suspension, or the imposition or amendment of conditions, on the medical certificate. These exceptions are specified in section 27L(1)(b).
  2. District Court appeal

    Section 27P of the Act affirms the right of any person affected by any decision taken by the Director under sections 27B, 27I(7), 27I(11), 27L, or 27M to appeal to the District Court under section 66 of the Act. This right of appeal does not apply to a decision taken under section 27B(5)(b) which permits the Director to require an applicant to undertake further tests, examinations or re-examinations or to provide further information as specified.

  3. Judicial Review

    An applicant also has the right to make an application for Judicial Review of any decision made by the Director pursuant to functions under the Act or powers granted under the Civil Aviation Rules.

    The CAA cannot provide advice to applicants regarding their rights to District Court appeal or Judicial Review. Assistance and advice should be sought from a lawyer when considering either a District Court appeal or Judicial Review.

    You may also wish to Read an overview of the Convener review process and the convener review application form, titled Application form to have a medical certification decision reviewed. The Ministry of Transport have More detailed information on the Convener review process if you are interested.

    If you want further information on these matters you may phone the CAA Medical Helpline on 04 560 9466 for assistance.