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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Improvement notices and non-disturbance notices - Non-disturbance notices

303: Content of non-disturbance notice

You could also call this:

"What a non-disturbance notice must say to you"

Illustration for Civil Aviation Act 2023

A non-disturbance notice is a notice that tells you what to do. It may tell you to preserve a site where something happened for a certain time. This means you must not disturb the site. The notice may also tell you to prevent the disturbance of a particular site for a reasonable time. You must follow the rules in the notice. The notice will tell you what you must do and what will happen if you do not follow the rules. The notice will last for no more than 7 days.

The notice must say what you have to do, how to preserve the site, and what penalty you will get if you do not follow the notice. If someone is injured, you can still help them even if there is a non-disturbance notice. You can also remove a deceased person or do things to make the site safe. A non-disturbance notice does not apply to some sites, like where the Transport Accident Investigation Commission is investigating an accident.

A non-disturbance notice is related to a notifiable event, which is an accident or incident that you have to tell someone about, as stated in section 49. The site includes any plant, substance, structure, or thing associated with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS407152.

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302: Power to issue non-disturbance notice, or

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304: Compliance with non-disturbance notice, or

"Follow a non-disturbance notice or you might get fined"

Part 9Monitoring, investigation, and enforcement
Improvement notices and non-disturbance notices: Non-disturbance notices

303Content of non-disturbance notice

  1. A non-disturbance notice may require a person to—

  2. preserve the site at which a notifiable event has occurred for a specified period; or
    1. prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.

      1. A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out—

      2. the obligations of the person to whom the notice is issued; and
        1. the measures to be taken to preserve a site or prevent the disturbance of a site; and
          1. the penalty for contravening the notice.

            1. A non-disturbance notice does not prevent any action—

            2. to assist an injured person; or
              1. to remove a deceased person; or
                1. that is essential to make the site safe or to prevent a further notifiable event; or
                  1. done by, or under the direction of, a constable acting in the execution of the constable’s duties; or
                    1. for which an inspector or the Director has given permission.

                      1. A non-disturbance notice does not apply to the site of any accident or incident being investigated by the Transport Accident Investigation Commission.

                      2. In this section,—

                        notifiable event means an accident or incident required under section 49 to be notified

                          site includes any plant, substance, structure, or thing associated with the site.

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