Civil Aviation Act 1990 pg 25

Criteria for fit and proper person test

• (1) For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, the Director shall, having regard to the degree and nature of the persons proposed involvement in the New Zealand civil aviation system, have regard to, and give such weight as the Director considers appropriate to, the following matters:
  1. the persons compliance history with transport safety regulatory requirements:
  2. the persons related experience (if any) within the transport industry:
  3. the persons knowledge of the applicable civil aviation system regulatory requirements:
  4. any history of physical or mental health or serious behavioural problems:
  5. any conviction for any transport safety offence, whether or not
     • (i) the conviction was in a New Zealand court; or
     • (ii) the offence was committed before the commencement of this Act:
  6. any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:
  7. in the case where a New Zealand AOC with ANZA privileges applies, the persons compliance with the conditions specified in section 11G(4).
• (2) The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.
• (3) The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,
  • (a) seek and receive such information (including medical reports) as the Director thinks fit; and
  • (b) consider information obtained from any source.
• (4) Subsection (1) applies to a body corporate with the following modifications:
  • (a) paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:
  • (b) paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.
• (5) If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 11, give that person a reasonable opportunity to refute or comment on it.
• (6) Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.
• (7) If the Director determines not to disclose any information in reliance on sub section (6), the Director must inform the person of the fact of non-disclosure and,
  • (a) in the case of non-disclosure to an individual of information about the individual,
  • inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and
  • the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and
  • (b) in any other case,
    • (i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
    • (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.