Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Charging documents and burden of proof

379: Limitation period for prosecutions brought by Director

You could also call this:

"Time limit for the Director to take you to court if you break aviation rules"

Illustration for Civil Aviation Act 2023

If you break a rule under the Civil Aviation Act 2023, the Director can take you to court. The Director has to do this within a certain time frame. This time frame is usually the longest of two options. You can be taken to court within 12 months of the Director finding out about what you did. The Director might find out about what you did from someone else, or they might already know.

If you made a promise to the Director to do something, and you broke that promise, the Director can take you to court within 6 months. This can happen if you break the promise, if the Director finds out you broke the promise, or if the Director agrees to let you stop doing what you promised. The Director has to follow some rules when deciding when to take you to court, including rules from the Criminal Procedure Act 2011. There are some other rules the Director has to think about when deciding what to do, like the rules in section 380 and section 329, and the rules about enforceable undertakings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS332594.


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380: Extension of time if Director needs longer to decide whether to bring prosecution, or

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Part 9Monitoring, investigation, and enforcement
Charging documents and burden of proof

379Limitation period for prosecutions brought by Director

  1. Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence under this Act brought by the Director may be brought within the longest of the following applicable periods:

  2. within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the Director:
    1. if an enforceable undertaking has been given in relation to the offence under subpart 6, within 6 months after—
      1. the enforceable undertaking is contravened; or
        1. it comes to the notice of the Director that the enforceable undertaking has been contravened; or
          1. the Director has agreed under section 329 to the withdrawal of the enforceable undertaking.
          2. Subsection (1)(a) is subject to section 380.