Published 02 October 2023
Sentencing — conduct below the standard of a reasonable and prudent pilot — unsuitable landing spots — Civil Aviation Act 1990 — Civil Aviation Rules — Westland Air Charter Ltd v Director of Civil Aviation [2015] NZHC 2119. Two defendants appeared for sentence on four charges laid under the Civil Aviation Act and the Civil Aviation Rules. They were helicopter pilots (one the holder of a private licence, the other the holder of a commercial licence) who had several times landed and taken off in an unsuitable location, in spite of the fact that a suitable location was nearby. Since the offending both defendants had taken remedial steps by seeking extra training, which included training on safe landings and take-offs. The Court allowed reductions for this factor, as well as for guilty pleas and for the costs and expenses that the defendants had undergone in defending the charges when they were initially laid in a different form. The first defendant was fined $2000 plus costs of $130; the second was fined $1500 on each of the three charges he faced, as well as costs of $130. Judgment Date: 9 April 2021
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