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Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Offences and legal proceedings

103: Strict liability

You could also call this:

"You can be guilty of breaking a rule even if it was an accident"

Illustration for Crown Minerals Act 1991

If you break a rule related to section 8, you can be prosecuted even if you did not mean to. You do not have to intend to do something wrong to be guilty. If you are being prosecuted, you can defend yourself by proving that what you did was necessary to save a life, protect health, or prevent damage to property or the environment, and that you acted reasonably and fixed any problems that occurred. You can also defend yourself by proving that what happened was beyond your control, such as a natural disaster, and that you could not have prevented it or that you fixed any problems that occurred.

If you want to use this defence, you must tell the prosecutor within 7 days of being summoned to court, or a longer time if the court allows it. You must write to the prosecutor saying that you intend to use this defence and explain the facts that support your case.

You must follow the right steps to use this defence, or the court may not allow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM247300.

Topics:
Crime and justice > Criminal lawEnvironment and resources > Conservation
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102: Liability of principal for acts of agents, or

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104: Recovery of fees and other money, or

"Paying back money you owe the government under the Crown Minerals Act"

Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Offences and legal proceedings

103Strict liability

  1. In any prosecution for an offence of contravening or permitting a contravention of section 8, it is not necessary to prove that the defendant intended to commit the offence.

  2. Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves—

  3. that—
    1. the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and
      1. the conduct of the defendant was reasonable in the circumstances; and
        1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
        2. that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case either—
          1. the action or event could not reasonably have been foreseen or been provided against by the defendant; and
            1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

            2. Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—

            3. stating that he or she intends to rely on subsection (2); and
              1. specifying the facts that support his or her reliance on subsection (2).