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Crown Minerals Act 1991

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

89ZZJ: Proceedings for alleged contravention

You could also call this:

"What happens if you break a rule and promise to fix it"

Illustration for Crown Minerals Act 1991

If you break a rule in the Crown Minerals Act, someone might take you to court. But if you make a promise to fix the problem, called an enforceable undertaking, you might not have to go to court. You have to keep your promise and do what you said you would do. If you make this promise and keep it, the person in charge or an enforcement officer will try to stop the court case as soon as possible. The chief executive or an enforcement officer can accept your promise to fix the problem even before the court case is finished, which is explained in the Crown Minerals Act and was updated by the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS623390.

Topics:
Environment and resources > ConservationBusiness > Industry rules
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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"

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89ZZK: Power to issue compliance notices, or

"When to get a warning for breaking a Crown Minerals Act rule"

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

89ZZJProceedings for alleged contravention

  1. Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.

  2. No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who—

  3. has made an enforceable undertaking in relation to that contravention; and
    1. has completely discharged the enforceable undertaking.

      1. The chief executive or an enforcement officer may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.

      2. If the chief executive or an enforcement officer accepts an enforceable undertaking before the proceedings are completed, the chief executive or an enforcement officer must take all reasonable steps to have the proceedings discontinued as soon as practicable.

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