The Civil Aviation Authority has laid charges of "unnecessary endangerment" following a Pacific Blue flight from Queenstown to Sydney last year.
The flight took off in bad weather outside the CAA's twilight cut-off point for the resort and "safety was compromised".
Two pilots were stood down by Pacific Blue pending the investigation.
CAA communications manager Bill Sommer declined last night to confirm the identity of the person charged, or whether that person was a pilot.
However, a CAA statement revealed the airline was not included in the action.
The Boeing 737-800, carrying 140 passengers and crew, was due to leave Queenstown at 4.20pm on June 22 last year, but took off at 5.25pm - 20 minutes past the 5.05pm cutoff on one of the shortest days of the year.
Under CAA guidelines, planes must depart no later than 30 minutes before twilight from Queenstown Airport, which is surrounded by mountainous terrain and has no radar or runway lights.
Weather was also bad at the time of take-off.
In a statement yesterday afternoon, CAA director Steve Douglas said two charges had been laid under the Civil Aviation Act, including one for causing "unnecessary endangerment".
The action was the result of an "extensive investigation".
"I am satisfied that Pacific Blue had the appropriate procedures in place for operations conducted at Queenstown.
"The investigation concluded that the airline's procedures and operating conditions were breached in this take-off event in June 2010 and that safety was compromised as a result."
Mr Douglas said because the matter was before the Queenstown District Court, the CAA would make no further comment until it had been heard.
At the time of the incident, Julia McLean, formerly of Invercargill, a passenger on the plane at the time, described the take-off as "freaky".
Miss McLean said the plane's ascent was turbulent, flying low over Lake Wakatipu and climbing steeply across the Remarkables mountain range.
Prime Minister John Key, who is also the Minister of Tourism, said the reports on the incident at the time were "very concerning". He said it was "vitally important for New Zealand's reputation and image that the high standard of air safety is maintained ..."
