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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Enforceable undertakings

324: Director may accept enforceable undertakings

You could also call this:

"The Director can accept a written promise from you to follow the rules if you broke or might break aviation laws."

Illustration for Civil Aviation Act 2023

The Director can accept a promise from you to follow the rules if you have broken or might have broken civil aviation laws. You must make this promise in writing and it must be about what you did or might have done. The Director will look at your promise and decide if it is good enough.

If the Director does not think your promise is good enough, they can say no to it. This might happen if your promise does not say you will pay back the Director for the time and money they spent on your case. The Director's costs include what they paid to their employees, agents, or contractors who worked on your case.

When you make this promise, you are not saying you are guilty of breaking the rules. You are just saying you will do what you promised to do to make things right. The Director's costs can include things like what they paid to people who helped them investigate what you did.

You can look at this link to see how this rule is similar to an old rule from 2015.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS336433.

Topics:
Transport and travel > Air travel
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323: General provisions relating to exemptions, or

"Rules for when someone doesn't have to follow the usual aviation laws"

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325: Notice of decision and reasons for decision, or

"The Director must tell you their decision and why they made it when you make an enforceable undertaking."

Part 9Monitoring, investigation, and enforcement
Enforceable undertakings

324Director may accept enforceable undertakings

  1. The Director may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of civil aviation legislation.

  2. However, the Director may refuse to accept the undertaking if it does not provide for the reimbursement of any costs and expenses of the Director incurred in relation to—

  3. the undertaking; and
    1. the contravention or alleged contravention.

      1. The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

      2. To avoid doubt, the costs and expenses of the Director include any costs or expenses incurred in relation to an employee, an agent, or a contractor of the CAA.

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