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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Enforceable undertakings

330: Proceedings for alleged contravention

You could also call this:

"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"

Illustration for Civil Aviation Act 2023

If you break a rule in the Civil Aviation Act 2023, someone might take you to court. But if you make a promise to fix the problem, called an enforceable undertaking, you might not have to go to court. You have to keep your promise and do what you said you would do.

If you make an enforceable undertaking and you do everything you promised, you cannot be taken to court for that problem. The person in charge, called the Director, can accept your promise even if someone has already started taking you to court.

The Director will try to stop the court case as soon as possible if they accept your promise. You can compare this to a similar law 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=LMS336446.

Topics:
Transport and travel > Air travelCrime and justice > Courts and legal help
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329: Withdrawal or variation of enforceable undertaking, or

"Changing or cancelling a promise to follow aviation rules"

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"The boss can choose someone to be an inspector and give them a special job to do."

Part 9Monitoring, investigation, and enforcement
Enforceable undertakings

330Proceedings for alleged contravention

  1. Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations or rules may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.

  2. No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations or rules against a person who—

  3. has made an enforceable undertaking in relation to that contravention; and
    1. has completely discharged the enforceable undertaking.

      1. The Director may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.

      2. If the Director accepts an enforceable undertaking before the proceedings are completed, the Director must take all reasonable steps to have the proceedings discontinued as soon as practicable.

      Compare