Transport Accident Investigation Commission Act 1990

  • This version was replaced on 26 April 2017 to make a correction to section 14(3) under section 25(1)(j)(ii) and (iv) of the Legislation Act 2012.
14 Conduct of investigation

(1)

When an accident or incident is under investigation by the Commission, the Commission shall be in charge of that investigation.

(2)

The Commission shall permit the participation or representation of such foreign organisations in any investigation as is provided for in the Convention.

(3)

Except with the consent of the Commission, which consent shall not be unreasonably withheld, no other person (including the Civil Aviation Authority, the New Zealand Transport Agency, and Maritime New Zealand) shall—

(a)

participate in any investigation being undertaken by the Commission; or

(b)

undertake any independent investigation at the site of any accident or incident being investigated by the Commission; or

(c)

examine or cause to be examined any material removed from the site of any accident or incident being investigated by the Commission; or

(d)

examine or cause to be examined any recording of a communication between persons on the flight deck of an aircraft and persons in an air traffic control service relating to an accident or incident being investigated by the Commission; or

(e)

examine or cause to be examined any record specified in section 14C(2) that relates to an accident or incident being investigated by the Commission.

(3A)

Subsection (3) is subject to section 14H.

(4)

Where the Commission refuses consent under subsection (3), it shall give the applicant a statement in writing of the reasons for its refusal.

(5)

Where any preliminary report issued by the Commission states or infers that the conduct of any specified person has contributed to the cause of an accident or incident being investigated by the Commission, the Commission shall, before issuing a final report on the matter,—

(a)

give that person an opportunity to comment on or refute that statement, either in a statement in writing or at a hearing; and

(b)

have regard to that person’s statement or other evidence.

(6)

Where an incident or accident referred to in section 13 is being investigated by the Commission and the New Zealand Defence Force, or a visiting force, the Commission and the Chief of Defence Force shall take all reasonable measures to ensure that the investigations are co-ordinated.

Section 14(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 14(3): amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 14(3): amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 14(3): amended, on 1 April 1993, by section 10(a) of the Transport Accident Investigation Commission Amendment Act 1992 (1992 No 112).

Section 14(3)(c): amended, on 10 September 1999, by section 6(1) of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).

Section 14(3)(d): added, on 10 September 1999, by section 6(2) of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).

Section 14(3)(e): added, on 10 September 1999, by section 6(2) of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).

Section 14(3A): inserted, on 10 September 1999, by section 6(3) of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).