BS
So much BS in this thread. The initial hearing is today. It is my understanding the Pilot concerned will plead guilty.... He clearly broke the law and is aware of that. The particular Rule that allows a pilot to forego compliance with the rules in an emergency situation has a hook
Quote
(5) Nothing in subsection (3) 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.
Unquote
In addition some other "facts"
Mr Armstrong was the only pilot on board the aircraft when the offence occurred. He had initially gone along with a "junior" pilot who could not complete the task. That pilot was dropped off to enable more of the rescuers to get into the site. The police asked for 9 rescuers to be taken to the scene. Mr Armstrong managed to get 6 in before nightfall and the conditions became unacceptable.
In NZ officers of the law and officers of the court have discretion not to prosecute. There is one fool on here who has often stated that once the law is broken you have to prosecute.... BS. I do not know a country in the world that takes that view but I guess he lives in one.
In this case the Director of CAA could very easily have chosen not to prosecute because there is clear evidence of the urgent nature of the emergency, other options were no longer available because the original rescue aircraft was low on fuel and nightfall was approaching. The police were advised by the pilot when they requested his services he could not legally fly so he went as an advisor with the junior pilot indicating an attempt to be legal. Circumstances developed that could not have been foreseen. He exercised good judgement in ceasing the mission when conditions became unacceptable.
CAA have steadfastly refused to give their side of the story including (unusually) not even releasing the charge sheet. Plenty of high profile people in the industry have asked for info on "what and why"
There is no doubt in my mind that those who have carried out SAR missions in the past and those who will in the future will be seriously affected by this. I have done plenty and have broken rules in doing so.
The best that can be hoped for considering the guilty plea will be a conviction and discharge.
Some of this is my opinion and some of it I know to be fact.... I will happily accept the egg thrown at my face if revelations in court today indicate I am wrong