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Crown Minerals Act 1991

Permits, access to land, and other matters - Enforcement, remedies, and appeals

89ZZH: Contravention of enforceable undertaking

You could also call this:

"Breaking a promise to follow the rules can lead to court action and penalties."

Illustration for Crown Minerals Act 1991

If you break a promise you made to follow the rules, the chief executive or an enforcement officer can ask the District Court to get involved. The court can make you follow the rules you agreed to, or it can cancel the promise you made. You might also have to pay costs to the department in charge of the Crown Minerals Act, which can be found on the legislation.govt.nz website, and this includes the costs of the court case and the costs of checking that you follow the rules in the future. The court can make other orders it thinks are suitable, and this does not stop other legal action from happening if you break the rules. You can be taken to court for breaking the rules, even if you have already made a promise to follow them.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS623370.

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89ZZG: Compliance with enforceable undertaking, or

"Keep your promises: follow the rules you agreed to or you might get fined"

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89ZZI: Withdrawal or variation of enforceable undertaking, or

"Changing or cancelling a promise you made to follow the Crown Minerals Act rules"

Part 1BPermits, access to land, and other matters
Enforcement, remedies, and appeals

89ZZHContravention of enforceable undertaking

  1. The chief executive or an enforcement officer may apply to the District Court for an order referred to in subsection (2) if a person contravenes an enforceable undertaking.

  2. If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:

  3. an order directing the person to comply with the undertaking:
    1. an order discharging the undertaking.

      1. In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay the department that, with the authority of the Prime Minister, is responsible for the administration of this Act—

      2. the costs of the proceedings; and
        1. the reasonable costs of the chief executive or the enforcement officer in monitoring compliance with the enforceable undertaking in the future.

          1. This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates.

          Compare
          Notes
          • Section 89ZZH: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).