Published 19 February 2024
Sentencing — being a party to operating an aircraft without the required air operator certificate — Civil Aviation Act 1990. The defendant appeared for sentence on a charge of being a party to operating an aircraft without the required air operator certificate. It had allowed an individual (the pilot) who held a commercial pilot licence, but not an air operator certificate, to fly one of its aircraft. The pilot had undertaken several flights to transport passengers to Christchurch airport, in circumstances where the passengers were in danger of being stranded by flooding and missing their scheduled flight out of Christchurch. Approximately a week later, the defendant allowed the pilot to carry out two commercial scenic flights. The pilot was not an employee of the defendant, although the defendant's air operator certificate specified that only its employees could engage in passenger flights. The offending was aggravated by breach of trust and premeditation (the offending covered multiple different flights). The Court assessed the defendant's culpability as being in the moderate range, and set a start point for fine of $5500 for the first set of offending and $2500 for the subsequent offending. The Court reduced the total fine to $7000 to recognise the totality principle, and allowed discounts for previous good character, remorse and guilty plea. In recognition of the fact that the defendant had also made a charitable donation of $2000, the final fine was $1500. Judgment Date: 31 March 2021.
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