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Crown Minerals Act 1991

Permits, access to land, and other matters - Enforcement, remedies, and appeals - Pecuniary penalties

89ZZU: Reasonable mistake defence in pecuniary penalty proceedings

You could also call this:

"You can say it was an honest mistake if you break a rule and someone sues you for a fine."

Illustration for Crown Minerals Act 1991

If you break a rule in the Crown Minerals Act 1991 and someone takes you to court to pay a fine, you have a defence. You can say it was a reasonable mistake or something outside your control happened. You must show that you fixed the problem as soon as you could after you found out about it. You also need to pay back or offer to pay back anyone who was hurt by what you did.

If you made a mistake, it must be a reasonable one, not just because you did not know the law or did not understand a document. You cannot say you did not know the rules, that is not a good enough reason.

You can use this defence if you are taken to court under section 89ZZV of the Crown Minerals Act 1991.

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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=LMS623867.

Topics:
Crime and justice > Criminal lawEnvironment and resources > Conservation
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89ZZT: Civil proceedings relating to non-compliance with compliance notice, or

"What happens if you don't follow a compliance notice from the government"

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89ZZV: Pecuniary penalties, or

"Fines for breaking rules about oil and gas exploration"

Part 1BPermits, access to land, and other matters
Enforcement, remedies, and appeals: Pecuniary penalties

89ZZUReasonable mistake defence in pecuniary penalty proceedings

  1. Every person has a defence to proceedings for pecuniary penalties under section 89ZZV, in connection with a breach of this Act, if the person proves that—

  2. the breach was due to a reasonable mistake or due to events outside of the person’s control; and
    1. the breach was remedied (to the extent that it could be remedied) as soon as practicable after the breach was discovered by the person or brought to the person’s notice; and
      1. the person has compensated or offered to compensate any person who has suffered loss or damage by that breach.

        1. For the avoidance of doubt, a mistake does not include a mistake of law or a mistake in the interpretation of any enactment or of any document.

        Notes
        • Section 89ZZU: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).