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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Enforceable undertakings

137: Enforcement officer may accept enforceable undertakings

You could also call this:

"Breaking a rule? You can promise to fix it and the officer might accept"

Illustration for Offshore Renewable Energy Bill

If a person breaks or might have broken a rule in this proposed law, they can ask an enforcement officer to accept a promise to do something. You can make this promise, called an undertaking, to fix a problem or prevent another one. The enforcement officer can choose to accept this promise.

When you give an undertaking, you are not saying you did anything wrong. You are just making a promise to the enforcement officer to do something. This promise is like a contract between you and the enforcement officer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992321.


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"What happens if you don't follow the rules: the court can make you comply"


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138: Notice of decision and reasons for decision, or

"The officer must tell you their decision and why they made it in writing."

Part 4Administration and enforcement
Enforcement: Enforceable undertakings

137Enforcement officer may accept enforceable undertakings

  1. An enforcement officer may, on application by a person, accept an undertaking given by the person in connection with a contravention or an alleged contravention of a provision of this Act or the regulations.

  2. The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.