No need for a fence!!!!!!!
These guys did nothing outside the regulations or out of what is really ordinary and has and will continue to happen all over the world. If the cap fits it will be worn. I am surprised at the number of folk with the claimed expertise and experience are not aware of the following. I doubt that the CAA is really interested. These provisions are in effect in virtually every country. It provides for exactly this case. Hope this satisfies most of the issues in this thread - have a read.
UKCAA CAP 393
Towing, picking up and raising of persons and articles
55 (1) Subject to the provisions of this article, an aircraft in flight shall not, by means external
to the aircraft, tow any article, other than a glider, or pick up or raise any person,
animal or article, unless the certificate of airworthiness issued or rendered valid in
respect of that aircraft under the law of the country in which the aircraft is registered
includes an express provision that it may be used for that purpose.
(7) Nothing in this article shall:
(b) prohibit the picking up or raising of any person, animal or article in an emergency
or for the purpose of saving life;
New Zealand Civil Aviation Act
13A Duties of pilot-in-command and operator during emergencies
(1) Subject to subsections (2) and (6) of this section, in an emergency that arises in
flight, the pilot-in-command may breach the provisions of this Act or of regulations or
rules made under this Act.
(2) For the purposes of subsection (1) of this section, a breach of any prescribed
requirement is permitted only if the pilot-in-command is satisfied that—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far as is
necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or assisting
with the emergency; and
(d) The degree of danger involved in complying with the prescribed
requirement is clearly greater than the degree of danger involved in deviating from
it.
(3) Subject to subsections (4) to (6) of this section, where an emergency (not being an
emergency that arises in flight) necessitates the urgent transportation of persons or medical
or other supplies for the protection of life or property, the pilot-in-command of the aircraft
or the operator of the aircraft may breach the provisions of this Act or of regulations or
rules made under this Act.
(4) For the purposes of subsection (3) of this section, a breach of any prescribed
requirement is permitted only if—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far as is
necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or assisting
with the emergency; and
(d) The degree of danger involved in deviating from the prescribed requirement
is clearly less than the degree of risk in failing to attend to the emergency.
(5) Nothing in subsection (3) of this section permits—
(a) The operation of an aircraft that is not registered in New Zealand or
elsewhere; or
(b) The breach of any prescribed requirement as to the airworthiness of an
aircraft; or
(c) The operation of an aircraft by a person who is not lawfully entitled to
operate that aircraft.
(6) Where, in any emergency described in this section, a pilot-in-command or an
operator breaches this Act or regulations or rules made under this Act in accordance with
the provisions of this section, the pilot-in-command or the operator, as the case may be,
shall—
(a) Immediately notify the relevant air traffic control service of the action; and
(b) As soon as practicable, notify the Director of the action and the
circumstances that necessitated it, and, if requested by the Director, provide to the
Director a written report in respect of the action.