Land Transport Act 1998

Mitigation of penalties and rights of appeal - Enforceable undertakings

112F: Withdrawal or variation of enforceable undertaking

You could also call this:

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

If you have made an enforceable undertaking, you can ask the Director to let you change or cancel it. You need to get the Director’s agreement in writing before you can do this. You can change parts of the undertaking, but you can’t change it to cover a different rule-breaking or suspected rule-breaking. The Director must tell everyone about any changes or cancellations by posting a notice on the Agency’s website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411525.


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"Breaking a promise to follow rules and what happens next"


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112G: Proceedings for contravention or alleged contravention, or

"Rules about taking someone to court for breaking transport laws"

Part 8 Mitigation of penalties and rights of appeal
Enforceable undertakings

112FWithdrawal or variation of enforceable undertaking

  1. A person who has given an enforceable undertaking may at any time, with the written agreement of the Director,—

  2. withdraw the undertaking; or
    1. vary the undertaking.
      1. However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention.

      2. The Director must publish on the Agency’s Internet site notice of the withdrawal or variation of an enforceable undertaking.

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