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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Enforceable undertakings

112G: Proceedings for contravention or alleged contravention

You could also call this:

“Rules about taking someone to court for breaking transport laws”

If you agree to follow certain rules, called an enforceable undertaking, you can’t be taken to court for breaking those rules while you’re following the agreement. This applies to both civil and criminal cases.

If you’ve made an enforceable undertaking and you’ve done everything you promised in it, no one can take you to court for the rule-breaking that the undertaking was about.

The Director can accept an enforceable undertaking even if court proceedings have already started. If this happens, the Director will try to stop the court case as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411526.

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112F: Withdrawal or variation of enforceable undertaking, or

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

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Part 8 Mitigation of penalties and rights of appeal
Enforceable undertakings

112GProceedings for contravention or alleged contravention

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

  2. No proceedings may be brought for a contravention or alleged contravention against a person who—

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

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

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

      Notes
      • Section 112G: inserted, on , by section 102 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112G(3): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 112G(4): amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).