Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Enforceable undertakings

329: Withdrawal or variation of enforceable undertaking

You could also call this:

"Changing or cancelling a promise to follow aviation rules"

Illustration for Civil Aviation Act 2023

If you have given an enforceable undertaking, you can withdraw or change it at any time, but you need the Director's written agreement. You can either withdraw the whole undertaking or vary some of its provisions. The undertaking's provisions can be changed, but not to relate to a different alleged breach of the Civil Aviation Act or its regulations and rules. The Director must put a notice on the internet about any withdrawal or variation of an enforceable undertaking, which will be on a website maintained by or on behalf of the CAA, you can also compare this to the 2015 legislation.

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 It might be out of date or be missing some parts.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=LMS336445.


Previous

328: Contravention of enforceable undertaking, or

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


Next

330: Proceedings for alleged contravention, or

"What happens if you're taken to court for breaking an aviation rule, and how you can avoid court by making a promise to fix the problem"

Part 9Monitoring, investigation, and enforcement
Enforceable undertakings

329Withdrawal or variation of enforceable undertaking

  1. A person who has given an enforceable undertaking may at any time, with the written agreement of the Director,—

  2. withdraw the undertaking; or
    1. vary the undertaking.
      1. However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations or rules.

      2. The Director must publish on an Internet site maintained by or on behalf of the CAA notice of the withdrawal or variation of an enforceable undertaking.

      Compare