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Corrections Act 2004

Corrections system - Offences - Other offences

148: Offences in relation to requisitioning

You could also call this:

"Breaking rules about following directions or helping when asked"

If you do not follow a direction given to you under section 191, you can commit an offence. You can also commit an offence if you do not provide assistance when required to do so under section 191.

If you are charged with not following a direction, you can defend yourself by showing the court that the Minister did not have a good reason for giving the direction.

If you are charged with not providing assistance, you can defend yourself by showing the court that you had a good reason for not helping.

If you commit one of these offences, you can be punished with a fine or imprisonment, depending on whether you are an individual or a company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296526.

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"Police can arrest you without a warrant if they think you broke certain rules"

Part 2Corrections system
Offences: Other offences

148Offences in relation to requisitioning

  1. Every person commits an offence who—

  2. intentionally fails to comply with any direction given to him or her under section 191; or
    1. intentionally fails to provide assistance under section 191.

      1. It is a defence in any proceedings for an offence against subsection (1)(a) if the court is satisfied that the Minister did not have reasonable grounds for believing that in all the circumstances of the case the direction to requisition property was necessary for the safe custody and welfare of prisoners.

      2. It is a defence in any proceedings for an offence against subsection (1)(b) if the court is satisfied that the person had reasonable grounds for not providing assistance.

      3. Every person who commits an offence against subsection (1) is liable on conviction,—

      4. in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $5,000, or to both:
        1. in the case of a body corporate, to a fine not exceeding $50,000.

          Compare
          Notes
          • Section 148(4): amended, on , by section 6 of the Corrections Amendment Act 2011 (2011 No 84).