Crown Minerals Act 1991

Permits, access to land, and other matters - Enforcement, remedies, and appeals - Relationship between pecuniary penalties and criminal liability

89ZZZ: Relationship between pecuniary penalties and criminal liability

You could also call this:

"Breaking the law can mean both a fine and a criminal charge for the same mistake."

Illustration for Crown Minerals Act 1991

If you do something wrong, you can be taken to court for a crime, even if you are also fined for the same thing. You can be fined or taken to court for a crime for the same action, and these are two separate things. The court can fine you and also charge you with a crime for the same conduct.

If you are taken to court for a crime and found guilty, the fine for the same action will be put on hold. This means you won't have to pay the fine while the criminal case is happening. You will still have to deal with the criminal charge, though.

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This page was last updated on 14 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS624638.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

89ZZY: Defence to criminal liability for directors, or

"Directors are not guilty if they tried to make their company follow the rules"

89ZZZA: Restriction on indemnities, or

"Companies can't stop you paying fines if you break the law"

Part 1BPermits, access to land, and other matters
Enforcement, remedies, and appeals: Relationship between pecuniary penalties and criminal liability

89ZZZRelationship between pecuniary penalties and criminal liability

A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding for a pecuniary penalty has been commenced against the person in relation to the same conduct.
A proceeding for a pecuniary penalty against a person in relation to particular conduct is stayed if a criminal proceeding against the person for that conduct results in a conviction.

Notes

Section 89ZZZ: inserted, on 2 December 2021, by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).