Conservation Act 1987

Miscellaneous

43: Proceedings for offences

You could also call this:

"What happens if you break a conservation rule and get in trouble with the law"

If you break a rule in the Conservation Act, you will be dealt with under the Criminal Procedure Act 2011. You can be charged with an offence up to 12 months after you committed it. The charge can be brought in the name of the Director-General.

If you are found guilty of an offence, the court can order you to pay a fine. The court can also decide that some of the fine money should go to the person who helped catch you. This money will be paid to them by the court.

If you are in a conservation area and have something that might belong to the Crown, you will have to prove it is yours. If you cannot prove it, the court will assume it belongs to the Crown. You will have to show that you have a right to have the thing, or that you have a licence or permission to have it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106671.


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"People doing their job under the Conservation Act are protected from getting in trouble"


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"What evidence can be used in court for Conservation Act cases"

Part 6Miscellaneous

43Proceedings for offences

  1. Subject to subsection (2), all proceedings in respect of offences against this Act shall be under the Criminal Procedure Act 2011.

  2. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.

  3. Prosecutions and proceedings in respect of offences under this Act may be commenced and taken in the name of the Director-General.

  4. The court by which any person is convicted of any offence against this Act may direct that any part (not exceeding half) of any fine recovered shall be paid to any person instrumental in securing the conviction (not being a person in the employment of the Crown acting in the course of the person's official duties); and that part of the fine shall be paid to the person by the Registrar of the court in which the conviction is recorded.

  5. A direction of the court under subsection (4) shall not be entered in the conviction concerned, but shall form the subject matter of a separate order.

  6. When in any proceedings under this Part—

  7. a question arises as to whether any thing found in the possession of any person while that person is on or in the vicinity of any conservation area is the property of the Crown; and
    1. there are reasonable grounds to believe that the person was in possession of the thing without a right, title, or licence,—
      1. the thing shall be presumed to be the property of the Crown unless the contrary is proved.

      Notes
      • Section 43(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 43(2): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 43(3): amended, on , by section 24 of the Conservation Law Reform Act 1990 (1990 No 31).