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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Offences - Other offence provisions

90B: Burden of proof of reasonable excuse

You could also call this:

"You must prove you had a good reason for breaking the rules."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are charged with breaking certain rules in the Smokefree Environments and Regulated Products Act 1990, the prosecutor does not have to say you did not have a good reason for what you did. You have to prove you had a reasonable excuse for your actions. The prosecutor will charge you, and then it is up to you to show you had a good reason.

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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=LMS810788.

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Part 5Regulations, enforcement, and other matters
Offences: Other offence provisions

90BBurden of proof of reasonable excuse

  1. In proceedings for an offence against any of sections 17(3) to (6) and (8C), 20FA(2), 20P(5), 20R(4), 20S(4), 23(5), 27(2), 29(2), 30(5), 31(5), 33(6), 34(4), 36(5), 37(4), 38(3), 39(3), 43(3), 44(4), 46(3), 47(4), 48(2)(b), 53(4), 54(4), 57G(4), 57H(6), 60(3), 63(2), 65(6), 66(2), 69B(7), 73(4), 75(5) and (6), and 101(6),—

  2. the prosecutor need not assert absence of reasonable excuse in the charging document; and
    1. the burden of proving that the defendant had a reasonable excuse lies on the defendant.

      Compare
      Notes
      • Section 90B: inserted, on , by section 50 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
      • Section 90B: amended, on , by section 25 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
      • Section 90B: amended, on , by section 19(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
      • Section 90B: amended, on , by section 19(2) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).