Conservation Act 1987

Miscellaneous

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

You could also call this:

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

If you commit an offence against the Conservation Act and the court thinks you did it to make money, you can get a bigger penalty. You might get a prison sentence of up to 5 years or a fine of up to $300,000, or both, if you are an individual. If you are a company, you might get a fine of up to $300,000. If the offence is still happening, you might get an extra fine of up to $20,000 for each day it continues. This rule is more important than any other rule in the Act that says something different.

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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=DLM5697101.


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Part 6Miscellaneous

43DPenalties for offences committed for commercial gain or reward

  1. If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—

  2. in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
    1. in the case of a body corporate, a fine not exceeding $300,000:
      1. in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
        1. Subsection (1) overrides every other provision of this Act to the contrary.

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