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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Enforceable undertakings

112E: Contravention of enforceable undertaking

You could also call this:

“Breaking a promise to follow rules and what happens next”

If you break a promise you made to follow certain rules (called an enforceable undertaking), the Director can ask the District Court to step in. The court can tell you to keep your promise or decide that you don’t have to follow it anymore. They might also make you pay for the court costs and the money it takes for the Director to check if you’re following the rules in the future. Even if this happens, you could still get in trouble for breaking the original rules that led to the promise in the first place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411524.

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112D: Compliance with enforceable undertaking, or

"Keeping your promise to follow transport rules"

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112F: Withdrawal or variation of enforceable undertaking, or

"Director can allow changes or cancellations to promises made about following rules"

Part 8 Mitigation of penalties and rights of appeal
Enforceable undertakings

112EContravention of enforceable undertaking

  1. The Director may apply to the District Court for an order 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 to the Director—

      2. the costs of the proceedings; and
        1. the reasonable costs of the Director 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 to which the enforceable undertaking relates.

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