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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Improvement notices and non-disturbance notices - General provisions relating to improvement notices and non-disturbance notices

309: Formal irregularities or defects in improvement notice or non-disturbance notice

You could also call this:

"Mistakes in a notice don't automatically make it invalid unless they cause serious problems with the law."

Illustration for Civil Aviation Act 2023

If you get a notice, it is not automatically invalid just because it has some mistakes. You might find a defect, irregularity, omission, or want of form in the notice, but this does not make it invalid unless it causes or is likely to cause a miscarriage of justice. A miscarriage of justice means something has gone seriously wrong with the way the law is applied.

If the notice has the wrong name for the person it is issued to, it is still okay if it identifies the person correctly and is given to them according to the rules in section 310. This means the notice must clearly show who it is for, even if their name is not exactly right. The rules for giving someone a notice are important to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS407283.

Topics:
Transport and travel > Air travel
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"The Director can change or cancel some notices given by inspectors."

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Part 9Monitoring, investigation, and enforcement
Improvement notices and non-disturbance notices: General provisions relating to improvement notices and non-disturbance notices

309Formal irregularities or defects in improvement notice or non-disturbance notice

  1. A notice is not invalid merely because of—

  2. any defect, irregularity, omission, or want of form in the notice unless it causes or is likely to cause a miscarriage of justice; or
    1. a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 310.

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