Resource Management Act 1991

Enforcement functions of EPA

343L: Order for payment of EPA’s costs in bringing a prosecution

You could also call this:

"Paying the EPA's court costs if you break an environmental rule"

If you break a rule under the Resource Management Act 1991, the Environmental Protection Authority (EPA) might take you to court. The court can then order you to pay the EPA some money to cover their costs. This includes the costs of investigating what you did and the costs of taking you to court. The court decides how much you have to pay and it must be a fair and reasonable amount. If the court orders you to pay, it cannot order you to pay any other costs under section 4 of the Costs in Criminal Cases Act 1967. If you work for a Crown organisation and the court orders you to pay, the money must come from your organisation's funds.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS376996.


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343K: Additional reporting requirements, or

"The EPA must report on its law enforcement actions in its yearly report, but can keep some information secret to protect the law and fair trials."


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344: Interpretation, or

"This section explains what words mean in the law, but it's no longer used."

Part 12AEnforcement functions of EPA

343LOrder for payment of EPA’s costs in bringing a prosecution

  1. On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).

  2. If the court makes an order under subsection (1), it must not make an order under section 4 of the Costs in Criminal Cases Act 1967.

  3. If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation.

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Notes
  • Section 343L: inserted, on , by section 96 of the Resource Management Amendment Act 2020 (2020 No 30).