Executive summary
On 9 February 2009, the passenger and pilot of an Airborne XT-912 microlight aircraft (microlight), registered ZK-DGZ (DGZ), were fatally injured as a result of an accident while on a scenic flight over the Abel Tasman National Park, at the top of the South Island. The Civil Aviation Authority (CAA) conducted a technical investigation into the accident and the Commission opened an inquiry into the regulatory context of commercial microlight 'adventure aviation' flights.
'Adventure aviation' included, among other activities, gliding, tandem parachuting, ballooning and microlight flying. The Civil Aviation Rules (Rules) structure that had been progressively introduced since 1990 catered for pilot certification and operating rules for these activities, which were predominantly of a recreational nature. The Rules required a pilot to hold a valid commercial licence in order to conduct a flight for hire or reward. In most cases, pilots were required to operate under the auspices of certificated aviation recreation organisations.
However, the operators themselves were not certificated, a regulatory void that had been recognised.
Commercial microlight flights had not been considered an issue until after 1998, when the
number of registered 2-seat aircraft increased greatly and surpassed the number of singleseat
aircraft. Since 1997, the number of registered 2-seat microlights had more than doubled
to exceed 700 aircraft.
Between September 2009 and June 2010, the Department of Labour conducted a review of
'the risk management and safety of the adventure and outdoor commercial sectors', which
included adventure aviation. One of the Department’s findings was that the proposed Rules
Part 115, Adventure aviation, was 'appropriate to the level of risk associated with adventure
aviation activities and will adequately address the current deficiencies in the safety regulatory
framework applicable to the sector'. The Commission supports that finding and has therefore
made no safety recommendation.