Civil Aviation Act 1990

13 Duties of pilot-in-command

The pilot-in-command of an aircraft shall

• (a) be responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo carried; and
• (b) have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and
• (c) subject to section 13A, be responsible for compliance with all relevant requirements of this Act and regulations and rules made under this Act.

13A Duties of pilot-in-command and operator during emergencies

• (1) Subject to subsections (2) and (6), 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), 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 require- ment is clearly greater than the degree of danger involved in deviating from it.
• (3) Subject to subsections (4) to (6), 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), 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 require- ment is clearly less than the degree of risk in failing to attend to the emergency.
• (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.
• (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.