Can a few of our high time flight instructors chime in on this one... I seem to remember that a long time ago in a galaxy far far away, my instructor telling me that in a truly legitimate emergency situation you are allowed to break any or all of the FAR's to achieve a safe outcome. Is that the 91.3 that was mentioned?
The example my instructor was using was that I could take my (brand new greenhorn student pilot Cessna 150 diamonds-on-the-forehead) ass and fly right through the (former) Terminal Control Area and land right in the middle of LAX if I had an engine out, and not be violated by the FAA. But if they walked over to the airplane and turned the key and the engine started, my head would be mounted on their wall.
What about the classic cheesy TV plot where the pilots are dead from food poisoning and the private pilot is called to land the airliner (usually a loud, smoky old 707, bless its heart

) and he heroically gets "talked down" by the old disgruntled hung over pilot on the radio? If that actually happened, would the private pilot be violated for not having the ATP and type rating?
It certainly seems to me that a life/death emergency where using an invalid pilot license is the only way that someone will survive should qualify for a pass. I don't know about NZ, but the bad press and political embarrassment that would rain down on the government would be a pretty big part of their decision to prosecute him.
As mentioned though, all the facts are not in, and there's three or four sides to the story.