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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

341: Strict liability and defences

You could also call this:

“Breaking rules without meaning to: how you can defend yourself”

If you break certain rules in the Resource Management Act, you can be prosecuted. You do not have to mean to break the rules to be prosecuted for contravening or permitting a contravention of sections like section 9, 11, 12, 13, 14, and 15. You can defend yourself if you can prove you did something to save a life or prevent damage.

You can say you did something to save a life, prevent damage, or stop harm to the environment, and that you acted reasonably. You must also show you fixed any problems that happened after the event. Alternatively, you can say something happened that was beyond your control, like a natural disaster, and you could not have stopped it.

If you want to use this defence, you must tell the prosecutor within 7 days of getting the summons, or a bit longer if the court allows it. You must write to the prosecutor saying you want to use this defence and explain why.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239056.

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Environment and resources > Conservation Environment and resources > Town planning
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Part 12 Declarations, enforcement, and ancillary powers
Offences

341Strict liability and defences

  1. In any prosecution for an offence of contravening or permitting a contravention of any of sections 9, 11, 12, 13, 14, and 15, it is not necessary to prove that the defendant intended to commit the offence.

  2. Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves—

  3. that—
    1. the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and
      1. the conduct of the defendant was reasonable in the circumstances; and
        1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
        2. that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
          1. the action or event could not reasonably have been foreseen or been provided against by the defendant; and
            1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

            2. Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—

            3. stating that he or she intends to rely on subsection (2); and
              1. specifying the facts that support his or her reliance on subsection (2).

                Notes
                • Section 341(2)(b): amended, on , by section 156 of the Resource Management Amendment Act 1993 (1993 No 65).