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Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

155: Proof of permission, etc

You could also call this:

"Proving you had permission to do something"

If you do something or don't do something and it looks like you might have broken the law, you have to prove you had permission to do it. You need to show you had permission from a Minister, the Director-General, a chief technical officer, a management agency, an inspector, or an authorised person. If you can't prove you had permission, it might mean you committed an offence or have to pay a debt or damages.

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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=DLM316720.

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Part 8Enforcement, offences, and penalties
Offences

155Proof of permission, etc

  1. Where it is proved in any proceeding under this Act or the regulations that a person has done or omitted to do any act and such person would commit an offence or be liable for a debt or damages unless the act was done or omitted with the permission of a Minister, the Director-General, a chief technical officer, a management agency, or an inspector or authorised person, the onus shall be on the person who did or omitted to do the act to prove that he or she had that permission.

Compare
  • 1967 No 50 s 105
Notes
  • Section 155: amended, on , by section 102 of the Biosecurity Amendment Act 1997 (1997 No 89).