Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Injunctions

351: Court may grant injunctions

You could also call this:

"Courts can stop people breaking aviation rules and make them follow the law"

Illustration for Civil Aviation Act 2023

A court can stop someone from doing something that breaks civil aviation laws. You can ask the court to do this if someone is not following the rules. The court can make someone do something they are supposed to do if they are not doing it.

The court can make these decisions even if the person has not been charged with a crime yet. If the person is found guilty of a crime, the court can still make them follow the rules. You can find more information about this by looking at the previous laws, such as the ones from 2013.

The court's decision can be made in the same case where the person is found guilty, or in a separate case. This helps make sure people follow the civil aviation laws. The Director, the Secretary, or anyone else can ask the court to make this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS188019.


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Part 9Monitoring, investigation, and enforcement
Injunctions

351Court may grant injunctions

  1. A court may, on application by the Director, the Secretary, or any other person, grant an injunction—

  2. restraining a person from engaging in conduct that constitutes or would constitute a breach of civil aviation legislation:
    1. requiring a person to do an act or a thing if—
      1. the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do that act or thing; and
        1. the refusal or failure was, is, or would be a breach of civil aviation legislation.
        2. An injunction may be granted under this section—

        3. even though proceedings for any offence constituted by the breach have not been taken; or
          1. if the person is convicted of an offence constituted by the breach,—
            1. in the proceedings for the offence, in substitution for or in addition to any penalty imposed for the offence; or
              1. in subsequent proceedings.
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