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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

341B: Liability and defences for discharging harmful substances

You could also call this:

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

You don’t need to prove that someone meant to commit an offence when they discharged harmful substances, contaminants, or water into the sea. This is against the law under section 338(1B), which is linked to section 15B.

However, you can defend yourself against this charge if you can show that:

  1. You discharged the substance to save a ship, an offshore installation, or someone’s life, and it was a sensible thing to do at the time.

  2. The substance escaped because of damage to a ship, its equipment, or an offshore installation and its equipment. In this case, you also need to prove that:

    • The damage wasn’t caused by your carelessness or on purpose.
    • As soon as you could after the damage happened, you did everything you reasonably could to stop the substance from escaping or, if you couldn’t stop it completely, you tried to reduce how much escaped.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239060.

Topics:
Environment and resources > Conservation
Crime and justice > Criminal law
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Part 12 Declarations, enforcement, and ancillary powers
Offences

341BLiability and defences for discharging harmful substances

  1. In any prosecution for an offence against section 338(1B) (which relates to the discharge of harmful substances, contaminants, or water, in breach of section 15B) it is not necessary to prove that the defendant intended to commit the offence.

  2. It is a defence to prosecution for an offence against section 338(1B) if the defendant proves that—

  3. the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or
    1. the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and—
      1. such damage occurred without the negligence or deliberate act of the defendant; and
        1. as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape.

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