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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Enforceable undertakings

112A: Director may accept enforceable undertakings

You could also call this:

“The Director can accept a written promise from you if you break transport rules”

The Director can accept a written promise from you if you’ve broken or might have broken a land transport law. This promise is called an enforceable undertaking. The Director might not accept your promise if you don’t agree to pay back the costs that the Agency and the Director spent on dealing with your promise and the rule-breaking.

The Director won’t accept your promise if they think you’ve broken some serious driving laws. These laws are about things like driving dangerously, driving while drunk or on drugs, or racing on the road.

When you make this promise, it doesn’t mean you’re saying you’re guilty of breaking the law. It’s just a way to deal with the situation.

The costs that you might have to pay back include money spent on people who work for the Agency or the Director, even if they’re not full-time employees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411520.

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"What happens to your demerit points when you appeal against a conviction"

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112B: Notice of decision and reasons for decision, or

"The Director tells you if they accept your promise and why"

Part 8 Mitigation of penalties and rights of appeal
Enforceable undertakings

112ADirector may accept enforceable undertakings

  1. The Director may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person under any land transport Act (the contravention or alleged contravention).

  2. However, the Director may refuse to accept the undertaking if it does not provide for the reimbursement of any costs and expenses of the Agency and the Director incurred in relation to—

  3. the undertaking; and
    1. the contravention or alleged contravention.

      1. The Director must not accept an undertaking if the Director believes that the contravention or alleged contravention would amount to an offence against any of sections 36AA, 38, 39, 61, or 62 of this Act.

      2. The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

      3. To avoid doubt, the costs and expenses of the Agency or the Director include any costs or expenses incurred in relation to an employee, agent, or contractor of the Agency or the Director.

      Notes
      • Section 112A: inserted, on , by section 102 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112A heading: amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112A(1): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112A(2): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112A(3): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112A(5): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).