Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Enforceable undertakings

328: Contravention of enforceable undertaking

You could also call this:

"Breaking a promise to the Director can lead to court action and penalties."

Illustration for Civil Aviation Act 2023

If you break a promise you made to the Director, they can ask the District Court for help. The court can make you keep your promise or cancel it if they think you broke it. You might have to pay the Director's costs for taking you to court and for checking that you keep your promise in the future.

The court can also make other orders if it thinks they are necessary. You can still get in trouble for breaking aviation rules, even if you made a promise to the Director. The Director can look at a similar law from 2015, s 127, for comparison. The court's decision will depend on what you did and what is fair.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS336444.

Topics:
Transport and travel > Air travel
Previous

327: Compliance with enforceable undertaking, or

"Follow the rules you agree to, or you might get fined"

Next

329: Withdrawal or variation of enforceable undertaking, or

"Changing or cancelling a promise to follow aviation rules"

Part 9Monitoring, investigation, and enforcement
Enforceable undertakings

328Contravention of enforceable undertaking

  1. The Director may apply to the District Court for an order if a person contravenes an enforceable undertaking.

  2. If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:

  3. an order directing the person to comply with the undertaking:
    1. an order discharging the undertaking.

      1. In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Director—

      2. the costs of the proceedings; and
        1. the reasonable costs of the Director in monitoring compliance with the enforceable undertaking in the future.

          1. This section does not prevent proceedings being brought for the contravention or alleged contravention of civil aviation legislation to which the enforceable undertaking relates.

          Compare