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Crown Minerals Act 1991

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

89ZZR: Formal irregularities or defects in compliance notice

You could also call this:

"Mistakes in a compliance notice don't make it invalid unless they cause big problems."

Illustration for Crown Minerals Act 1991

If you get a compliance notice, it is still valid even if it has some mistakes. You might think it's invalid if it has defects, irregularities, or omissions, but it's not unless these mistakes cause or are likely to cause a miscarriage of justice. If the compliance notice has your wrong name on it, it's still valid if it clearly identifies you and is given to you according to the rules in section 89ZZS. This means the notice is still valid even with some errors, as long as they don't cause any major problems.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS623767.

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89ZZQ: Chief executive or enforcement officer may vary or cancel compliance notice, or

"Someone in charge can change or cancel a compliance notice they gave you"

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89ZZS: Issue of compliance notice, or

"Getting a warning to follow the rules: what happens when you're given a compliance notice"

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

89ZZRFormal irregularities or defects in compliance notice

  1. A compliance notice is not invalid merely because of—

  2. any defect, irregularity, omission, or want of form in the compliance notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; or
    1. a failure to use the correct name of the person to whom the compliance notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 89ZZS.

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