Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
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”
You could also call this:

“When someone breaks the law, the money they pay as punishment goes to the local council that caught them.”

When you break a rule in section 338 and get fined, the money usually goes to the local council that started the case against you. But 10% of the fine always goes to the government’s bank account. If the fine is meant to pay for damage you caused, all of it goes to the council without any deduction.

The court clerk can give the fine money directly to the council once the judge says so. This process doesn’t follow the usual government money rules.

If the Environmental Protection Authority (EPA) helped the council with the case, the fine money is split differently. In this case, 10% still goes to the government, but the rest goes to the council the EPA was helping.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 343: Discharges from ships

or “This law used to talk about stuff that ships let out into the water, but it's not used anymore.”
Next

Part 12 Declarations, enforcement, and ancillary powers
Offences

342Fines to be paid to local authority instituting prosecution

  1. Subject to subsection (2), where a person is convicted of an offence under section 338 and the court imposes a fine, the court shall, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, order that the fine be paid to that local authority.

  2. There shall be deducted from every amount payable to a local authority under subsection (1), a sum equal to 10% thereof, and this sum shall be credited to a Crown Bank Account.

  3. Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money.

  4. Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the local authority entitled to it under the order.

  5. Nothing in section 73 of the Public Finance Act 1989 shall apply to any fine ordered to be paid to any local authority under subsection (1).

  6. If the court orders the payment of a fine for an offence prosecuted by the EPA acting under section 343F(b),—

  7. 10% of the fine must be credited to a Crown Bank Account; and
    1. the balance of the fine must be credited to the local authority that the EPA was assisting.

      Notes
      • Section 342(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 342(2): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
      • Section 342(6): inserted, on , by section 94 of the Resource Management Amendment Act 2020 (2020 No 30).