Health Act 1956

Fluoridation of drinking water - Offences

116K: Strict liability and defence to offence

You could also call this:

"Breaking fluoridation rules: what you need to prove you didn't mean to do it"

If you are charged with breaking the rules about fluoridation of drinking water under section 116J, the court does not need to prove that you meant to do it. You can defend yourself if you can show that you did not mean to break the rules and you did everything you could to stop it from happening. You must prove that you took all practicable steps to prevent the offence, and that you did not intend to commit the offence, to use this defence in a prosecution under section 116J.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS630023.


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116J: Offence to contravene or permit contravention of section 116I, or

"Breaking rules in section 116I can lead to a big fine for local authorities"


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116L: Time for filing charging document, or

"Time limit to charge someone for breaking drinking water fluoridation rules"

Part 5AFluoridation of drinking water
Offences

116KStrict liability and defence to offence

  1. In a prosecution for an offence against section 116J, it is not necessary to prove that the defendant intended to commit the offence.

  2. It is a defence to a prosecution if the defendant proves—

  3. that the defendant did not intend to commit the offence; and
    1. that the defendant took all practicable steps to prevent the commission of the offence.
      Notes
      • Section 116K: inserted, on , by section 5 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).