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Director of Civil Aviation v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Wellington International Airport Limited - SC 30/2017

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Summary

Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.

Result

A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
16 May 2017
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A The appeals are dismissed.
B The Director of Civil Aviation and Wellington International Airport Limited are jointly and severally liable to pay costs of $30,000 to the New Zealand Air Line Pilots’ Association Industrial Union of Workers Incorporated, plus reasonable disbursements to be determined by the Registrar if necessary.  We allow for second counsel.
21 December 2017

Hearing Transcripts

Related Documents

High Court decision — NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 [6 July 2016]

Court of Appeal decision — NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 [28 February 2017]

Leave judgment - leave granted — WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70 [16 May 2017] (PDF 118 KB)

Substantive judgment — WELLINGTON INTERNATIONAL AIRPORT LTD v NEW ZEALAND AIR LINE PILOTSʼ ASSOC INDUSTRIAL UNION OF WORKERS INC [2017] NZSC 199 [21 December 2017] (PDF 454 KB)