Amnesty period for failure to provide quarterly statistical returns for Q3 and Q4 2017

The Director has considered submissions made by Aviation NZ on behalf of its members with respect to the recent issue of infringement notices to a number of operators who failed to satisfy their Rule Part 12 or Part 19 statistical reporting obligations for the 3rd quarter (Jul – Sep) 2017. He accepts elements of the argument made in support of a submission that the sector is now well aware of the need to provide the reports, that the issue of the infringement notices has served its purpose and that he should now waive them given that they have achieved their purpose.

Given the return rate for the subsequent 4th quarter of 2017, the Director is not yet convinced that the issue of the notices has improved the compliance rate, but he is willing to act on the Aviation NZ advice and give operators a final opportunity to comply. In doing this, he recognises the major change in culture and practice required for some 10-15% of the sector who have struggled to consistently meet their reporting obligations.

In order to provide a final opportunity to make that change, the Director has decided to provide an amnesty period during which time the action already taken with respect to the 3rd quarter 2017 will be withdrawn and action with respect to the 4th quarter will be deferred. Those operators that have paid the infringements applied with respect to the 3rd quarter will be refunded their money. Infringement notices that were being prepared for failure to provide 4th quarter returns by the due date of 1 Feb 2018 will be held at the CAA. The amnesty period extends until 1 March 2018.

Operators now have until 1 March 2018 to provide their returns for the 3rd and 4th quarters of the 2017 calendar year. The Director recommends that operators take advantage of this opportunity.

For clarity, he advises that he will consider action against anyone who still does not provide the required quarterly statistical returns despite the additional opportunity to comply provided by the amnesty.