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CAA requesting flight log details

hiflyer201

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Sorry for your problem..I would take hat in hand and give them what they requested.
Practically every video I see posted has some sort of violation on it it seems. Maybe every video I've shot..Yikes!
 
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Dakarenduro

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Are you a recreational or commercial operator? Commercial I assume must maintain records.
 

2edgesword

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On the one hand most of us are looking to be compliant with rules and regulations. On the other hand, at least in the U.S., you have a right against self-incrimination. Seriously, the "if you have nothing to hide" mantra sounds nice but I'm guessing every lawyer and many in LE would tell you don't offer information in an exchange with xyz authority where everything you say can and will be used against you.

I would be asking a lot of questions before I voluntarily gave up my flight logs in this situation.
 

WithTheBirds

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Given the apparent circumstances asking the questions you have here isn’t a good idea- might prove to be an monumentally poor exercise of judgement if they manage to link you to the posts. It might be argued your intent is to frustrate their efforts in pursuing the investigation which could be seen as an admission of guilt.
 

anotherlab

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I don't think Google turned him in. Either someone in the NZ CAA saw the video or someone reported the video to the CAA. The CAA made a legal request to Google to get the user info, and Google complied with that request. Google operates in and has offices in New Zealand, if they get a legally correct request for information from a NZ government agency, they have to honor that request.

If you flew somewhere where it was not legal to do so, lawyer up. If you are sure that you flew legally, just comply with their request. Take down the video (or videos) if they are still publically available. Do not post links to the video here (or anywhere else) until the matter has been resolved in your favor. There is no upside for you to post anything more publicly about this matter.

I'm not a lawyer, but the laws are pretty clear for New Zealand and online. Ignore everything posted here about your rights against self-incrimination unless it comes from an actual lawyer familiar with the facts of your situation and the legal jurisdiction that you are in. While you have "Privilege against self-incrimination" under New Zealand law, exercising that privilege would probably cause trouble for you with the CAA. They could fine you and then you would have to prove your innocence. Your best possible outcome with not cooperating with the CAA will be expensive legal fees.

Since you have already started this message thread, deleting any logs (any document, electronic or otherwise) would not be a good thing. While I didn't see the exact citation, destruction of evidence is mostly probably a crime in NZ. I would speak to a lawyer before doing anything counter to the request from the CAA.

saul3.jpg
 

djidroneservice

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anotherlab

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Wait..were can u fly in NFZ...I mean NZ

If you request (and receive permission) before your trip, it looks like there are national parks where you would be able to fly. Each park requires its own permission, with a $75 NZD (roughly $49 USD) processing fee per park.

I wouldn't mind flying in Aoraki/Mount Cook National Park
c28-sealy-tarnsresized_LandscapeCrop.jpg

If the OP had posted video from one of the parks that doesn't allow drones and his video had a recognizable landmark, you can see where the problem begins. Since Google handed over his identity, it shouldn't be terribly difficult for the CAA to check with the Department of Conservation (DOC) to see if the OP had been issued a recreational drone permit and for which parks.

And that's just for recreational use. Commercial permission is another set of permissions and fees.
 
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WithTheBirds

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If you request (and receive permission) before your trip, it looks like there are national parks where you would be able to fly. Each park requires its own permission, with a $75 NZD (roughly $49 USD) processing fee per park.

I wouldn't mind flying in Aoraki/Mount Cook National Park
View attachment 88356

If the OP had posted video from one of the parks that doesn't allow drones and his video had a recognizable landmark, you can see where the problem begins. Since Google handed over his identity, it shouldn't be terribly difficult for the CAA to check with the Department of Conservation (DOC) to see if the OP had been issued a recreational drone permit and for which parks.

And that's just for recreational use. Commercial permission is another set of permissions and fees.
They would still need to prove he was flying a drone. Who knows- he may have found an SD card with a cool video on it.
 
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Dakarenduro

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Note to OP, if your usename here corresponds to your YouTube account somehow you may want to post questions like this under an alias and delete your original request on how to circumvent the laws.... tough to argue you are being legit when someone pulls up this thread.
 

Meta4

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If the OP had posted video from one of the parks that doesn't allow drones and his video had a recognizable landmark, you can see where the problem begins
Just as the FAA is not concerned about flying in national parks in the USA, it's unlikely that the NZ CAA would be concerned about that.
 

WithTheBirds

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Just as the FAA is not concerned about flying in national parks in the USA, it's unlikely that the NZ CAA would be concerned about that.
Probably about as interested as CASA might be in us flying in national parks. Or park rangers are in people exceeding 400ft altitude with a drone.
 

The Editor

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They would still need to prove he was flying a drone. Who knows- he may have found an SD card with a cool video on it.
Unlikely, considering the proliferation of aerial videos within the same vicinity across a wide date range on the users YT channel.
There is certainly sufficient material there to raise an eyebrow or two.

No, I'm not going to link to it. If people really want to find it they can. And so can the authorities.
 

WithTheBirds

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Unlikely, considering the proliferation of aerial videos within the same vicinity across a wide date range on the users YT channel.
There is certainly sufficient material there to raise an eyebrow or two.

No, I'm not going to link to it. If people really want to find it they can. And so can the authorities.
It is what it is. Even if the vids are removed and this thread is deleted it won’t make any difference to the potential outcome.

Agree not a good move to link to the YT channel- that would be a low act.
 

BigAl07

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Unlikely, considering the proliferation of aerial videos within the same vicinity across a wide date range on the users YT channel.
There is certainly sufficient material there to raise an eyebrow or two.

No, I'm not going to link to it. If people really want to find it they can. And so can the authorities.
You're good. I can't find it LOL! You detective you LOL :)
 

2edgesword

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Ignore everything posted here about your rights against self-incrimination unless it comes from an actual lawyer familiar with the facts of your situation and the legal jurisdiction that you are in. While you have "Privilege against self-incrimination" under New Zealand law, exercising that privilege would probably cause trouble for you with the CAA. They could fine you and then you would have to prove your innocence. Your best possible outcome with not cooperating with the CAA will be expensive legal fees.

Since you have already started this message thread, deleting any logs (any document, electronic or otherwise) would not be a good thing. While I didn't see the exact citation, destruction of evidence is mostly probably a crime in NZ. I would speak to a lawyer before doing anything counter to the request from the CAA.
You say you are not a lawyer and tell the OP to "ignore everything posted here about your rights against self- incrimination unless it comes from an actual lawyer familiar with the facts of your situation and the legal jurisdiction that you are in." I'm not a lawyer but I would take the opposite view. Once you voluntarily give up the information there is no taking it back. I wouldn't be giving any information until I talked to a lawyer first.

Beyond that just about every lawyer I've talked to says in the overwhelming vast majority of situation (some will say in ALL situations) the best practice is not to say anything until you've talked to a lawyer to understand what your legal requirements are for responding to a request for information.
 
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anotherlab

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You say you are not a lawyer and tell the OP to "ignore everything posted here about your rights against self- incrimination unless it comes from an actual lawyer familiar with the facts of your situation and the legal jurisdiction that you are in." I'm not a lawyer but I would take the opposite view. Once you voluntarily give up the information there is no taking it back. I wouldn't be giving any information until I talked to a lawyer first.

Beyond that just about every lawyer I've talked to says in the overwhelming vast majority of situation (some will say in ALL situations) the best practice is not to say anything until you've talked to a lawyer to understand what your legal requirements are for responding to a request for information.
That's basically what I had written. The OP needs to seek legal counsel.
 

anotherlab

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Just as the FAA is not concerned about flying in national parks in the USA, it's unlikely that the NZ CAA would be concerned about that.
Since we don't know the details of the OP's videos, it's just a guess over what the CAA is concerned about. But the CAA has fined drone operators in the past. That part we know is true.
 
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