If my medical was invalid (lapsed or suspended) and someone's life was in danger I would cheerfully fly the damn thing by myself.
These gummint idiots could then sue me or throw me in jail or whatever - my conscience would be clear.
Isn't this the crux of the matter and the reason why the NZCAA
have to take this to court.
Aviation law was broken, simple. Therefore it has to be followed through no matter what the circumstances of the flight. It is then up to the courts to decide the outcome based on everything available to them, which is a darn sight more than the two media reports we have to go on.
Otherwise we would have every Tom Dick & Sheila qualified, unqualified or simply with just enough experience to start whatever aircraft is available, giving it a go with the belief that the courts will not be involved and the aviation community will support them in their give it a go hero moment. (of course that's only ever going to be the case if all turns out well)
Don't forget that there are people reading all this who may be in the early years of their career and will base their future aviation descisions on what is posted in these threads, there are others with a few more hours under their belts wanting to learn from the more advanced of age here and will do what they would probably never normally have considered, simply because they are led to believe that this is 'the way we do things'.
Making the decision to knowingly break an aviation law is not one to be taken lightly and I'm sure some of us have had such instances. Whether we went through and did them or not would have been based on experience, judgment and with our eyes wide open of the consequences good or bad whatever the final outcome.
There are a few things that need to be made clearer;
1. PICUS - is a pilot acting as PiC and will be expected to make the captaincy decisions, who is under the supervision of the 'actual' PiC.
2. Nothing in NZCAA regulations permits the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft ... even in an emergency situation. (see RVDT's post)
3. NZCAA - A person who does not hold a current pilot licence issued or validated may not manipulate the controls of an aircraft unless the person is—
(1) receiving dual flight instruction from an appropriately qualified flight instructor who occupies a pilot seat; or
(2) acting as a pilot in command in accordance with rule 61.105. (student solo)
4. The casualty in this case had already been injured for a full tanks worth of rescue aircraft fuel before aid arrived, it then took a further 6 hours to recover him off the hills.
5. A pilot of a New Zealand registered aircraft, or a foreign aircraft operating in New Zealand, must hold a current aircraft type rating for that aircraft.
6. Dr Clyde Fenton was always current and was an RFC/RAAF trained pilot. Amongst his many life saving sorties he had many crashes and was once stranded for a week after a forced landing from running out of fuel. Admirable - Yes, Lucky - undoubtably