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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:

“The court can make someone who broke the law pay for the costs of catching and proving they did something wrong.”

If you are found guilty of breaking this law, the court can make you pay the Environmental Protection Authority (EPA) for the costs of prosecuting you. This includes the money spent investigating the crime and other related costs. The court will decide how much you should pay, based on what they think is fair and reasonable.

If the court makes you pay the EPA’s costs, they won’t also make you pay costs under section 4 of the Costs in Criminal Cases Act 1967. This means you won’t have to pay twice for the same thing.

If you work for a Crown organisation (which is part of the government) and you break this law, the organisation will have to pay any costs and fees from its own funds. This means the money won’t come from your personal pocket, but from the organisation’s budget.

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

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Environment and resources > Conservation
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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 12A Enforcement 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).