On behalf of the Minister of Transport, the Ministry of Transport is searching for candidates to be considered for appointment to the role of Independent Reviewer – Civil Aviation.

Purpose

The Civil Aviation Act 2023 (the Act) will take effect on 5 April 2025 to provide a single, modern statute that will establish a platform for safety and security within (and appropriate regulation of) the civil aviation system now and well into the future.

Part 10, Subpart 5 of the Act introduces a new function to enable individuals to seek an independent review of decisions made by the Director of Civil Aviation.

Its purpose is to provide an expert independent review option for sector participants that is quicker and less costly than the court system. This is intended to promote transparency, timeliness, and accountability, and support improvements in decision-making in the aviation regulatory system over time.

The Act requires that one or more reviewers be appointed to carry out reviews. Reviewers are appointed by the Minister of Transport. The Ministry will provide secretariat support for the function.

Reviewers have recommendatory powers only, with the Director of Civil Aviation retaining the right of final decision making. While the function is designed to offer the opportunity to have decisions reviewed outside of the Court system, the function does not serve to relitigate decisions. The review process is outlined in sections 445 to 448 of the Act.

Competencies

The statutory requirements for the Independent Reviewer role are listed in section 450 of the Act. A reviewer must have the necessary experience and expertise to perform the functions of a reviewer and be able to represent the public interest in aviation safety.

The Ministry is seeking up to two reviewers in this recruitment round with skills that complement each other. To be successful, candidates must be able to demonstrate most, if not all, of the following attributes:

• Deep analytical expertise: experience and understanding of assessing and testing a range of information, including technical and process information, and the ability to draw robust evidence-based conclusions proportionate to the wider context of the request. The successful candidate may be an experienced barrister or solicitor, or have had significant experience at a senior level in service or process reviews or investigations.
• Ability to produce written reports/strong report-writing skills: the ability to lead as well as author reports, with necessary technical input when required.
• Applied regulatory experience: strong experience and understanding of practising in a regulatory environment, as well as regulatory frameworks and their application in either a regulated industry or as a regulator. A deep understanding of the fundamentals of a modern regulator and the impact of regulation is required.
• Judgement and critical thinking, preferably within a regulatory environment, you should be an active listener, an open thinker, and be able to engage with all parties in a way that enables informed conversations and an appropriate response.
• Demonstrated understanding of the importance of the public interest in aviation safety, and experience working in the aviation sector is desirable.
• An understanding of the role that the Treaty of Waitangi plays in the transport sector.
• Experience in networking and managing a multitude of relationships in and out of the sector.
• You will also be required to conduct your role in a manner that is fair and appropriate with any relevant professional standards, as well as that of a public servant. The Standards of Integrity and Conduct for the public service are outlined here: https://www.publicservice.govt.nz/guidance/guide-he-aratohu/standards-of-integrity-and-conduct/.

Background to the Role

Reviewers are appointed for a term of up to three years.

The scope of decisions made by the Director of Civil Aviation that will be reviewable is yet to be determined. This will be confirmed in regulations, following a consultation process. Consultation on the scope of the review is currently underway and can be found here: https://www.transport.govt.nz/consultations/independent-review-function-scope-of-reviewable-decisions. The workload will depend on the scope of decisions that are reviewable.

Reviewer fees are set by the Cabinet Fees Framework and will be confirmed during the appointments process.

Appointment Process

The process for making a Ministerial appointment can take up to four months after the closure of applications. It consists of the following stages:

• Shortlisting of applications: the Ministry will advise the Minister on the applications received, who then selects candidates for interview.
• Interviews: a panel will be convened to interview candidates in person or online.
• Due diligence: the Ministry will undertake due diligence (covering public profile, credit, qualification, criminal, and reference checks) to assess the recommended candidate’s suitability for appointment. The Ministry may request that the New Zealand Security Intelligence Service conducts national security screening of the candidate as part of the appointment process.
• Recommendation to the Minister: the Ministry will brief the Minister on the outcome of the interviews and recommended candidate(s).
• Disclosure of interests: the preferred candidate(s) will be asked to disclose interests.
• Consultation: once the Minister has selected the candidate who they consider best meets the requirements of the Act, the Minister will consult with the Director of Civil Aviation, colleagues and any other parties they determine as appropriate.

Cabinet process: if there are no issues following due diligence and consultation, the Minister will raise an appointment proposal for discussion by the Cabinet Appointments and Honours (APH) Committee and Cabinet.

Expressions of Interest

Applicants of all backgrounds are invited to express an interest.

To apply for the position of Independent Reviewer – Civil Aviation, please apply through the Treasury Board Appointments database (http://www.boardappointments.co.nz) and include a copy of your full Curriculum Vitae by 9am 30 September 2024.

If you require further information, please email boardappointments@transport.govt.nz.