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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Enforceable undertakings

142: Contravention of enforceable undertaking

You could also call this:

"Breaking a promise to follow the rules can lead to court action"

Illustration for Offshore Renewable Energy Bill

If you break a promise you made to follow the rules, an enforcement officer can ask the District Court for an order. The court can make you follow the rules you agreed to, or it can cancel the promise you made. You made this promise as part of an enforceable undertaking.

If the court is happy that you did break your promise, it can make orders to make things right. The court can tell you to do what you promised, or it can cancel your promise. This is stated in subsection (2).

The court can also make other orders if it thinks that is a good idea. This can include telling you to pay the chief executive for the costs of the court case, and for the enforcement officer to check you are following the rules in the future. The court can make you pay for the costs of the enforcement officer to monitor you.

If you break the rules, this section does not stop the court from taking action against you for breaking the law. You can still get in trouble for breaking the law, even if you have an enforceable undertaking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992326.

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141: Compliance with enforceable undertaking, or

"Keeping promises you make to follow the rules"

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Part 4Administration and enforcement
Enforcement: Enforceable undertakings

142Contravention of enforceable undertaking

  1. An enforcement officer may apply to the District Court for an order referred to in subsection (2) if a person contravenes an enforceable undertaking.

  2. If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make 1 or more of the following orders:

  3. an order directing the person to comply with the undertaking:
    1. an order discharging the undertaking.

      1. In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay the chief executive—

      2. the costs of the proceedings; and
        1. the reasonable costs of the enforcement officer in monitoring compliance with the enforceable undertaking in the future.

          1. This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or the regulations to which the enforceable undertaking relates.