I've been prompted to a little research and found that in NZ there is nothing published concerning this scenario, apart from a few phraseologies that apply to reclearances.
PPrune radar, I dont follow my logic either although I am sure I had a point...perhaps it was my other personality.
Whilst our manuals may be lacking, an informal survey amongst my collegues resulted in a 60/40 split on opinion, with the majority expecting the aircraft to be somewhere close to the published level anyway. Assuming the restriction is necessary it will be for a reason (read traffic) and where there is potential for doubt, good operating practice would dictate a confirmation or reiteration.
There are new FMS STARS soon to be published for Auckland that will have 'hard' altitudes published but they are all not belows for noise abatement and there is a comment stating that they are mandatory.
Here's another scenario:
SID has maintain 3000 to 10DME, the route clearance has cross 35DME 11000 or above. Aircraft calls airborne climbing 3000, is identified and given climb to cruise level (FL330). Does the 11000 by 35DME still stand??? I think it does given that the SID finishes at 10DME but there are some who disagree ie, give climb and you cancel previous instructions, including the 11000 by 35 (The SID and route clearance are published as Standard Route Clearances eg CHAA3)
This sort of stuff gives me a head ache
[This message has been edited by TinPusher (edited 07 September 2000).]