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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

341: Strict liability and defences

You could also call this:

“This explains when you can be held responsible for breaking certain rules, even if you didn't mean to, and how you can defend yourself if you're accused.”

You don’t need to prove that someone meant to break the law when they go against sections 9, 11, 12, 13, 14, and 15 of this Act. However, you can defend yourself if you can show that what you did was necessary to save lives, protect health, stop serious damage to property, or avoid harming the environment. You also need to prove that what you did was reasonable and that you fixed any problems afterwards.

You can also defend yourself if what happened was because of something you couldn’t control, like a natural disaster, a machine breaking down, or someone sabotaging your work. In this case, you need to show that you couldn’t have seen it coming or prevented it, and that you fixed any problems afterwards.

If you want to use these defences, you need to tell the prosecutor in writing within 7 days after you get the court papers. You need to say which defence you’re using and explain why it applies to your case. If you don’t do this within 7 days, you’ll need to ask the court for special permission to use the defence.

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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.

Topics:
Crime and justice > Criminal law
Environment and resources > Conservation
Environment and resources > Climate and energy
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“People in charge can get in trouble for things their workers or ships do wrong, but they can defend themselves if they didn't know or tried to stop it.”

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341A: Liability and defences for dumping and storage of waste or other matter, or

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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).