A District Court judge has dealt the Civil Aviation Authority a stinging rebuke for its "mean-spirited" prosecution of a small South Auckland helicopter company.
Judge Margaret Lee has said the aviation watchdog's prosecution of Papakura-based Heli Cam Aviation for allegedly operating aircraft without proper documentation could be considered
"mean-spirited, and even indicative of bad faith".
The CAA had accused Heli Cam of three charges of working without an air operator certificate after it hired a camera operator to shoot footage of an Auckland boat race - and also provided a boat club member with a free ride while doing so - on April 8 and 9 last year, then hired another camera operator for a May 2006 job.
The CAA had argued the three flights had been commercial in nature as each passenger was performing a task associated with the operation.
Heli Cam had claimed civil aviation rules allowed it to operate for a commercial purpose without a certificate, when not carrying passengers "for hire or reward".
Judge Lee rejected the CAA allegations, as the helicopter being used had been specially adapted for aerial photography, and the camera operators had been hired by Heli Cam to that end.
She described it as "astonishing" that the prosecution had been initiated.
"The authority would have done better to have spent its time and money on improving its governing legislation and associated rules, rather than prosecute well-meaning aircraft operators who have taken the extra step to keep within the law," Judge Lee.
The CAA is now also facing a bill in the tens of thousands for court costs incurred by Heli Cam.
According to its website, the CAA "establishes civil aviation safety and security standards, and monitors adherence to those standards".
It also carries out aircraft accident investigations.
But Heli Cam chief executive Steven Johnston yesterday said the organisation considered itself above the law, and was often "hellbent" on taking legal action against those in the industry.
"They have been doing this for so long they don't even know the written law themselves ... They see the law their own way, and that makes it very difficult.
"They always seem to go for prosecution ... A lot of people will plead guilty and pay the fine.
"Not many people can afford to go to court.
Mr Johnston said he would seek costs of about $30,000 after the 18-month "headache".
CAA spokesman Bill Sommer said the authority would not make any comment on the matter - or consider an appeal - until its legal team had analysed Judge Lee's decision.
