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Conservation Act 1987

Miscellaneous

43C: Penalties for certain offences

You could also call this:

"Breaking conservation rules can lead to big fines or even prison time."

If you break certain rules in the Conservation Act, you can get in trouble. You might have broken a rule if you did something wrong with spawning fish, like what is said in section 26ZJ, or if you used a substance or electric device to take or destroy freshwater fish, like what is said in section 26ZR. You can also get in trouble for taking plants from conservation areas, like what is said in section 30(6), or for discharging weapons on, into, or over conservation areas, like what is said in section 38(4)(a).

If you get caught, you can be punished. As an individual, you can get a prison sentence of up to 2 years or a fine of up to $100,000, or both. If you are a company, you can get a fine of up to $200,000.

If you keep breaking the rules, you can get an extra fine of up to $10,000 for each day you keep breaking them. This can happen if you broke rules like those in section 39(1)(b), (bb), (c), (ca), (d), (e), (f), (g), and (h), or section 39(3), or section 41(a). You have to follow the rules to avoid getting in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5697100.

Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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43B: Strict liability, or

"No intention needed to be proven for breaking some conservation rules"

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43D: Penalties for offences committed for commercial gain or reward, or

"Breaking conservation laws for money can lead to bigger penalties, like prison or fines."

Part 6Miscellaneous

43CPenalties for certain offences

  1. Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to the penalties prescribed in subsection (3).

  2. The provisions are—

  3. section 26ZJ, which relates to unlawful acts in respect of spawning fish:
    1. section 26ZR, which relates to the use of a substance or electric device to take or destroy freshwater fish:
      1. section 30(6), which relates to the taking of plants from conservation areas:
        1. section 38(4)(a), which relates to discharging weapons on, into, or over conservation areas:
          1. section 39(1)(b), (bb), (c), (ca), (d), (e), (f), (g), and (h), which relates to other offences in respect of conservation areas:
            1. section 39(3), which relates to the disposal of contaminants:
              1. section 41(a), which relates to resisting or obstructing officers and rangers.

                1. The penalties are,—

                2. in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
                  1. in the case of a body corporate, a fine not exceeding $200,000:
                    1. in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

                      Notes
                      • Section 43C: inserted, on , by section 6 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).