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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Enforceable undertakings

143: Proceedings for alleged contravention

You could also call this:

"What happens if you're accused of breaking the law and make a promise to fix it"

Illustration for Offshore Renewable Energy Bill

If you give an enforceable undertaking about breaking or allegedly breaking this proposed law or its regulations, you cannot be taken to court for that issue while the undertaking is in place. You also cannot be taken to court later if you have fully done what you promised in the undertaking. An enforcement officer can accept an undertaking from you even if court proceedings have already started. If an enforcement officer accepts your undertaking before the court case is finished, they must try to stop the court proceedings as soon as possible, but only for the issues related to the 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=LMS992327.

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142: Contravention of enforceable undertaking, or

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

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"Breaking the rules: building offshore energy systems without a permit is against the law"

Part 4Administration and enforcement
Enforcement: Enforceable undertakings

143Proceedings for alleged contravention

  1. If a person has given an enforceable undertaking in relation to a contravention or an alleged contravention of this Act or the regulations, no proceedings (whether civil or criminal) may be brought against them in relation to that contravention—

  2. while the undertaking is in effect; and
    1. at any later time, if they have completely discharged the undertaking.

      1. An enforcement officer may accept an enforceable undertaking in relation to a contravention or an alleged contravention of this Act or the regulations before proceedings in relation to that contravention have been completed.

      2. If an enforcement officer accepts an enforceable undertaking before the proceedings are completed, the enforcement officer must take all reasonable steps to have the proceedings discontinued as soon as practicable (to the extent that the proceedings relate to the contravention or alleged contravention).