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New Zealand law explained for everyone

Wildlife Act 1953

General provisions - Offences and penalties

68AB: Mens rea and strict liability offences

You could also call this:

"Breaking wildlife laws: when you mean to do wrong and when you don't"

When you break a wildlife law, you might be taken to court. The court needs to prove you meant to do something wrong for some laws, like the ones listed in subsection (5), which includes laws about things like hunting or killing waterfowl and obstructing a ranger. You can be charged with a crime even if you did not mean to do something wrong for other laws.

If you are charged with a crime that is not listed, you can say it was not your fault if you can prove you did not mean to do it and you took all reasonable steps to follow the law. This is an extra way to defend yourself, on top of any other defences you might have. Some other laws, like section 63A and section 63B, still apply even though this law exists.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM278502.

Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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68A: Proceedings in respect of offences, or

"Going to court for breaking wildlife rules in New Zealand or at sea"

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68B: Defences to offences in respect of marine wildlife, or

"Excuses for hurting marine animals that are allowed by law"

Part 5General provisions
Offences and penalties

68ABMens rea and strict liability offences

  1. In any prosecution for an offence under any of the provisions listed in subsection (5), the prosecution must prove that the defendant intended to commit the offence.

  2. In any prosecution for an offence under a provision that is not listed in subsection (5), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

  3. It is a defence in any prosecution for an offence not listed in subsection (5) if the defendant proves—

  4. that the defendant did not intend to commit the offence; and
    1. that,—
      1. in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:
        1. in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

        2. The defence provided in subsection (3) is in addition to any other defence or excuse provided by this Act.

        3. The provisions are—

        4. section 17(6)(c) (which relates to hunting or killing waterfowl where a person knows that food has been placed or artificial waters formed):
          1. section 40(1) (which relates to obstructing a ranger):
            1. section 58(1)(a) (which relates to shooting at, killing, disabling, or injuring a homing pigeon):
              1. section 59(5A) (which relates to interfering with vehicles, animals, equipment, or supplies brought onto land):
                1. section 59(6) (which relates to obstructing the Director-General or an authorised officer in the exercise of powers):
                  1. section 65(2) (which relates to receiving wildlife):
                    1. section 66(2) (which relates to wilfully continuing an offence):
                      1. section 66A(3) (which relates to failing to give or produce evidence of identifying information or giving false identifying information).

                        1. Sections 63A and 63B continue to apply as if this section had not been enacted.

                        Notes
                        • Section 68AB: inserted, on , by section 7 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).
                        • Section 68AB(5)(g): replaced, on , by section 11 of the Wildlife (Powers) Amendment Act 2017 (2017 No 2).
                        • Section 68AB(5)(h): inserted, on , by section 11 of the Wildlife (Powers) Amendment Act 2017 (2017 No 2).