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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

339B: Additional penalty for certain offences for commercial gain

You could also call this:

“Extra punishment for people who break certain rules to make money”

If you break certain rules about managing resources, the court can make you pay extra money. This happens when you’ve done something wrong to make money from it.

The court can do this if you’re found guilty of breaking specific parts of the law (section 338(1A) or (1B)). On top of the usual punishment (section 339), they can make you pay up to 3 times the amount of money you made from breaking the rule.

The court will work out how much money you made from breaking the rule. They’ll decide how much extra you need to pay. You’ll have to pay this extra money the same way you’d pay a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239049.

Topics:
Environment and resources > Conservation
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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339A: Protection against imprisonment for dumping and discharge offences involving foreign ships, or

“You can't go to jail for dumping stuff from foreign ships in the sea unless you meant to do it or were really careless and caused big problems.”

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339C: Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent, or

“If a ship's owner or captain breaks certain rules and doesn't pay their fine, the court can take money from the ship or its helper to cover the cost.”

Part 12 Declarations, enforcement, and ancillary powers
Offences

339BAdditional penalty for certain offences for commercial gain

  1. Where a person is convicted of an offence against section 338(1A) or (1B), the court may, in addition to any penalty which the court may impose under section 339, order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.

  2. For the purposes of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine.

Notes
  • Section 339B: inserted, on , by section 21 of the Resource Management Amendment Act 1994 (1994 No 105).