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Civil Aviation Act 2023

Airports - Regulatory airport spatial undertakings

249: Secretary may apply to court if airport operator fails to comply with direction order

You could also call this:

"What happens if an airport doesn't follow the rules: the Secretary can take them to court."

If you are an airport operator and you do not follow a direction order made by the Secretary under section 247, the Secretary can ask the District Court for help. The Secretary must believe that you have not followed the direction order. You can be taken to court if you do not comply with the direction order. The court can then make orders to make you follow the direction order.

If the court is satisfied that you have not followed the direction order, it can make orders to direct you to comply with it. The court can also make other orders it thinks are appropriate, such as making you pay the costs of the court case. You may also have to pay the Secretary for the costs of checking that you follow the direction order in the future.

This does not stop the Secretary from taking you to court for not following space requirements, even if there is already a direction order in place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS656822.

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"The Secretary must tell you in writing about new direction orders"

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250: Consequences of failing to comply with direction orders, or

"What happens if you don't follow the rules at an airport"

Part 7Airports
Regulatory airport spatial undertakings

249Secretary may apply to court if airport operator fails to comply with direction order

  1. The Secretary may apply to the District Court for an order under this section if—

  2. the Secretary has made a direction order under section 247; and
    1. the Secretary believes that the airport operator has failed to comply with the direction order.

      1. If the court is satisfied that the airport operator has failed to comply with the direction order, the court may make the following orders:

      2. an order directing the operator to comply with the direction order; and
        1. any other order that the court considers appropriate in the circumstances, including orders directing the operator to pay to the Secretary—
          1. the costs of the proceedings; and
            1. the reasonable costs of the Secretary in monitoring compliance with the direction order in the future.

            2. This section does not prevent proceedings being brought for the contravention or alleged contravention of space requirements to which the regulatory airport spatial undertaking to which the direction order relates.