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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

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

You could also call this:

“Rules about when you're not in trouble for putting trash in the ocean or storing it there”

You can defend yourself if you’re accused of breaking section 15A by dumping or storing waste. You need to prove that what you did was necessary to save human life, stop a serious threat to a ship, aircraft, or offshore installation, or deal with an emergency caused by bad weather. Your actions must have been reasonable, likely to cause less damage than doing nothing, and done in a way that minimised harm to people and sea life. If you can show all of these things, you might not be found guilty of the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239058.

Topics:
Environment and resources > Conservation
Crime and justice > Criminal law
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341: Strict liability and defences, or

“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.”

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341B: Liability and defences for discharging harmful substances, or

“Rules about getting in trouble for spilling bad things into the water, and how you can defend yourself if accused”

Part 12 Declarations, enforcement, and ancillary powers
Offences

341ALiability and defences for dumping and storage of waste or other matter

  1. It is a defence to prosecution for an offence of contravening or permitting a contravention of section 15A if the defendant proves that the act or omission which is alleged to constitute the offence—

  2. was necessary—
    1. to save or prevent danger to human life; or
      1. to avert a serious threat to any ship, aircraft, or offshore installation; or
        1. in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and
        2. was a reasonable step to take in all the circumstances; and
          1. was likely to result in less damage than would otherwise have occurred; and
            1. was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised.

              Notes
              • Section 341A: inserted, on , by section 23 of the Resource Management Amendment Act 1994 (1994 No 105).