Recommendation Date
Recipient Name
NZ Air Line Pilots' Association
Text
Renegotiate, as soon as practicable, the pilots' contract with Ansett New Zealand to remove the condition which is intended to prevent Ansett New Zealand from installing Cockpit Voice Recorders in their aircraft.
Reply Text
1. NZALPA advocates the use of cockpit voice recorders (CVRs) and other recorders for the purposes of accident and incident investigation by independent and trained air accident investigators.
2. NZALPA does not accept that the contractual provision has the intention ascribed to it by the Commission, nor that this Report is an appropriate forum to make recommendations ascribing "intent" to contractual provisions.
3. The contractual provision is not inconsistent with the International Civil Aviation Organisation (ICAO) requirements of member states.
4. The contractual provision relates specifically to the implementation of paragraph 5.12 of Annex 13 to the Chicago Convention 1944 in particular and to the implementation of Annex 13 in general.
5. The contractual provision has not operated to prevent the presence of CVRs on Ansett New Zealand Aircraft.
6. Annex 13 has not been embodied in New Zealand legislation, and this failure is not consistent with the obligations of the New Zealand government under Article 37 of the Convention.
7. New Zealand's non-conformance with its international obligations in this regard is demonstrably out of step with the legislative developments in countries of similar status such as Australia, Canada, the USA and the United Kingdom.
8. In the absence of such legislation the contractual provision is appropriate.
9. NZALPA is only one of over 120 parties to the Ansett New Zealand Limited pilots' contract.
10. The attitude of the pilot parties to the contract towards its possible amendment will be influenced by the actions of the Transport Accident Investigation Commission in annexing a purported CVR transcript to an accident report, and of the New Zealand Police in seeking to access the CVR for purposes other than those anticipated by Annex 13.
11. The negotiation of an amendment by way of clarification may be more appropriate than the removal of the provision as stipulated by [the safety recommendation].
12. Adoption of the [the safety recommendation] at this time would not be in accord with NZALPA's obligations to its members, its national and international associate bodies, or to the wider aviation community in the absence of legislative embodiment of Annex 13.
13. NZALPA is making and will continue to make representations to the Government of New Zealand with regard to the development of legislation in New Zealand which would give prominence and effect to Annex 13 and will assess its ability to adopt the Safety Recommendation in the light of the legislation in place in New Zealand from time to time.
14. NZALPA would welcome the support of the Commission in our attempts to have appropriate legislation brought into existence in New Zealand.
NZALPA is neither practically, legally, nor morally in a position to adopt [the safety recommendation] at this time.
2. NZALPA does not accept that the contractual provision has the intention ascribed to it by the Commission, nor that this Report is an appropriate forum to make recommendations ascribing "intent" to contractual provisions.
3. The contractual provision is not inconsistent with the International Civil Aviation Organisation (ICAO) requirements of member states.
4. The contractual provision relates specifically to the implementation of paragraph 5.12 of Annex 13 to the Chicago Convention 1944 in particular and to the implementation of Annex 13 in general.
5. The contractual provision has not operated to prevent the presence of CVRs on Ansett New Zealand Aircraft.
6. Annex 13 has not been embodied in New Zealand legislation, and this failure is not consistent with the obligations of the New Zealand government under Article 37 of the Convention.
7. New Zealand's non-conformance with its international obligations in this regard is demonstrably out of step with the legislative developments in countries of similar status such as Australia, Canada, the USA and the United Kingdom.
8. In the absence of such legislation the contractual provision is appropriate.
9. NZALPA is only one of over 120 parties to the Ansett New Zealand Limited pilots' contract.
10. The attitude of the pilot parties to the contract towards its possible amendment will be influenced by the actions of the Transport Accident Investigation Commission in annexing a purported CVR transcript to an accident report, and of the New Zealand Police in seeking to access the CVR for purposes other than those anticipated by Annex 13.
11. The negotiation of an amendment by way of clarification may be more appropriate than the removal of the provision as stipulated by [the safety recommendation].
12. Adoption of the [the safety recommendation] at this time would not be in accord with NZALPA's obligations to its members, its national and international associate bodies, or to the wider aviation community in the absence of legislative embodiment of Annex 13.
13. NZALPA is making and will continue to make representations to the Government of New Zealand with regard to the development of legislation in New Zealand which would give prominence and effect to Annex 13 and will assess its ability to adopt the Safety Recommendation in the light of the legislation in place in New Zealand from time to time.
14. NZALPA would welcome the support of the Commission in our attempts to have appropriate legislation brought into existence in New Zealand.
NZALPA is neither practically, legally, nor morally in a position to adopt [the safety recommendation] at this time.
Related Investigation(s)