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Resource Management Act 1991

Duties and restrictions under this Act - Emergencies

18: Possible defence in cases of unforeseen emergencies

You could also call this:

“You might not be in trouble if you had to break rules because of a sudden emergency you didn't expect.”

If you are accused of breaking certain rules in the Resource Management Act, you might have a defence if there was an unforeseen emergency. You can use this defence if you are charged with breaking sections 9, 11, 12, 13, 14, 15, 15A, or 15B of the Act. The specific defences you can use are mentioned in sections 341, 341A, or 341B of the Act.

Also, you cannot be charged if you did something during an emergency that is allowed under section 330 of the Act. This section talks about certain activities that are okay to do in emergencies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232514.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Crime and justice > Criminal law
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“This law used to explain how to check if customary activities might harm the environment, but it's no longer in use.”

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Part 3 Duties and restrictions under this Act
Emergencies

18Possible defence in cases of unforeseen emergencies

  1. Any person who is prosecuted under section 338 for an offence arising from any contravention of any of sections 9, 11, 12, 13, 14, 15, 15A, and 15B may raise any applicable defence that is referred to in section 341 or section 341A or section 341B.

  2. No person may be prosecuted for acting in accordance with section 330 (which relates to certain activities undertaken in an emergency).

Notes
  • Section 18(1): replaced, on , by section 8 of the Resource Management Amendment Act 1994 (1994 No 105).