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Biosecurity Act 1993

Enforcement, offences, and penalties - Pecuniary penalties

154K: Other orders instead of or in addition to pecuniary penalty order

You could also call this:

"The court can order you to fix harm or pay to fix it, instead of or with a fine."

If you break the law under section 154H of the Biosecurity Act 1993, the court can make some orders against you. The court can order you to fix any harm you caused to people or the environment. You might have to pay to fix the harm you caused to people or the environment, or to the land you own or occupy.

The court can also order you to pay for the costs of fixing the harm. This can happen instead of, or as well as, the court ordering you to pay a fine. You can read more about this in section 154H of the Biosecurity Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759455.

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154J: Amount, or

"How much money you might have to pay if you break the law"

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154L: Concurrent criminal proceedings and pecuniary penalty proceedings, or

"Breaking the law can mean two types of court cases happen at the same time"

Part 8Enforcement, offences, and penalties
Pecuniary penalties

154KOther orders instead of or in addition to pecuniary penalty order

  1. In proceedings under section 154H, the court may, instead of or in addition to making a pecuniary penalty order, make—

  2. an order that the person mitigate or remedy any adverse effects, on persons or a natural and physical resource, that are caused by or on behalf of the person:
    1. an order that the person mitigate or remedy any adverse effects, on persons or a natural and physical resource, that relate to land owned or occupied by the person:
      1. an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b).

        Notes
        • Section 154K: inserted, on , by section 66 of the Biosecurity Law Reform Act 2012 (2012 No 73).