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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Offences - Offences against Act

238: Offence of failing to comply with Act

You could also call this:

“Breaking the rules in this law can get you in trouble”

If you don’t follow the rules or do what you’re told under this Act, you’re breaking the law. This includes not listening to instructions from local authorities or their members and officers. If you break this law, you can be punished as described in section 242(2).

Even if this Act or its rules say something is against the law, it doesn’t cancel out other laws that might say the same thing is wrong. You can still get in trouble under those other laws too.

If you break this law, you might be dealt with under this Act, its rules, or under a different law. But you can’t be punished twice for the same thing - once under this Act and again under another law.

When we talk about ‘directions’ in this section, we also mean when a police officer asks you to do something under section 169(2)(d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174038.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law
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237: Offence by member or officer of Remuneration Authority, or

“Breaking rules on purpose can get Remuneration Authority members in big trouble”

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239: Offences in respect of breaches of bylaws (other than alcohol bans), or

“Breaking council rules (except alcohol rules) can be against the law”

Part 9 Offences, penalties, infringement offences, and legal proceedings
Offences: Offences against Act

238Offence of failing to comply with Act

  1. Every person who acts contrary to, or fails to comply with, a direction or prohibition given under this Act, or under an authority given to a local authority or to a member or officer of a local authority, commits an offence and is liable on conviction to the penalty specified in section 242(2).

  2. An offence or penalty prescribed by this Act, or by regulations or bylaws made under this Act, must not be treated as repealing or otherwise affecting the provisions of any other Act under which the same act or default is also prescribed as an offence or for which a penalty is prescribed.

  3. A person to whom subsections (1) and (2) apply may be proceeded against—

  4. under this Act, or the bylaw or regulation made under this Act; or
    1. under any other Act; but
      1. must not be punished both under this Act, or under any bylaw or regulation made under this Act, and also under any other Act in respect of the same act or failure.

        1. In this section direction includes a request by a constable under section 169(2)(d).

        Compare
        Notes
        • Section 238(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 238(4): added, on , by section 21 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).
        • Section 238(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).