Old 21st Apr 2011, 11:32
  #30 (permalink)  
reubee
 
Join Date: Aug 2007
Location: Auckland
Age: 47
Posts: 67
Seems like someone needs to be seen taking public action. Any elections coming up?
Judges aren't elected in NZ


The relevant piece of law ...



44 Dangerous activity involving aircraft, aeronautical product, or aviation related service
  • (1) Every person commits an offence who—
    • (a) operates, maintains, or services; or
    • (b) does any other act in respect of—
    any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property.



    (2) Every person commits an offence who—
    • (a) causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or
    • (b) causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,—
    in a manner which causes unnecessary danger to any other person or to any property.



    (3) Every person who commits an offence against subsection (1) or subsection (2) of this section is liable,—
    • (a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
    • (b) in the case of a body corporate, to a fine not exceeding $100,000.
    (4) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act
Civil Aviation Act 1990 No 98 (as at 01 January 2011), Public Act – New Zealand Legislation

For those worried about a jail term, that isn't going to happen. Thats just there for when someone commits the offence multiple times or the fine is not deterrent enough.

Also it is not normally the task of the CAA to determine if guilty/not guilty. If there isn't any relevant case law to relate to and help determine if there should be a prosecution, the CAA's role is to prosecture and bring it before the courts.

What I do find interesting is that the captain was charged and the co-pilot wasn't.
reubee is offline