Civil Aviation Authority of New Zealand
4 April 2005
MEDIA RELEASE
For further information contact:
Bill Sommer
Tel: 04 560 9411 or
025 468 216
Appeal Lodged by the Civil Aviation Authority from District Court Decision
The Director of Civil Aviation, John Jones, has lodged an appeal in the High Court from a District Court ruling that reversed his 2003 decision not to issue a medical certificate to Captain Geoffrey Paterson, an airline pilot who had suffered loss of consciousness episodes in 1990, 1995 and 2002 while on overseas airline duty layovers.
On 12 December 2003 the Director decided on public safety grounds, in accordance with the Civil Aviation Act, that Captain Paterson should not be issued with a Class 1 medical certificate. Captain Paterson appealed against that decision to the District Court. The District Court upheld Captain Paterson's appeal on legal grounds, and determined that Captain Paterson was entitled to be issued with a medical certificate. The Court, however, failed to determine the public safety issues.
The District Court decision is being appealed on various grounds, including that the judgment overall shows that Captain Paterson's appeal to that Court miscarried and it would be contrary to the public interest in aviation safety for the Director to issue a Class 1 medical to Captain Paterson.
On public safety grounds, the Director has also applied to the High Court for an order staying the District Court decision until the High Court has had the opportunity to rule on whether the Director's safety concerns are valid or not.
"The effect of the District Court judgment if not stayed is that Captain Paterson could again resume acting as pilot-in-command of a Boeing 767 aircraft even though the Court failed to address the Civil Aviation Authority's concerns as safety regulator about that situation and the extensive evidence on that issue presented to the Court," Mr Jones said.