Review of Medical Certification Decisions

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.

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 which includes the convener review application form. The Ministry of Transport also have more detailed information on the Convener review process if you are interested.

    If you want further information on these matters, you can phone the CAA Medical Helpline on +64 4 560 9466 for assistance.

Convener

The convener can only review certain categories of decisions. Please refer to S27L & M of the Civil Aviation Act.

The Ministry of Transport has a web page, Aviation Medical Convener review, that has information on the review process. It includes a guide, and an application for for review.