Biosecurity Act 1993

Enforcement, offences, and penalties - Pecuniary penalties

154L: Concurrent criminal proceedings and pecuniary penalty proceedings

You could also call this:

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

If you do something wrong, you might face two types of proceedings: pecuniary penalty proceedings under section 154H and criminal proceedings under section 154M to 154O. You can be taken to court for criminal proceedings even if pecuniary penalty proceedings have not started. Criminal proceedings can happen at the same time as pecuniary penalty proceedings.

If criminal proceedings start when pecuniary penalty proceedings are already happening, the pecuniary penalty proceedings will be put on hold. You cannot be taken to court for criminal proceedings if you have already been given a pecuniary penalty order that you still have to pay, and you have used up all your chances to appeal. This means that if you have been given a pecuniary penalty order and there is nothing more you can do to change it, you will not face criminal proceedings for the same thing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759456.


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

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


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154M: Section 154M offence, or

"Breaking the law by not answering or giving wrong answers to important questions"

Part 8Enforcement, offences, and penalties
Pecuniary penalties

154LConcurrent criminal proceedings and pecuniary penalty proceedings

  1. This section applies if the same act or omission, or substantially the same act or omission, could give rise to proceedings under section 154H (pecuniary penalty proceedings) and proceedings under any of section 154M to 154O (criminal proceedings).

  2. Criminal proceedings may be started whether or not pecuniary penalty proceedings have been started.

  3. If criminal proceedings are started when pecuniary penalty proceedings have been started but not completed, the pecuniary penalty proceedings are stayed.

  4. Criminal proceedings may not be started if pecuniary penalty proceedings have resulted in the making of a pecuniary penalty order that remains in place after all appeal rights either have not been exercised at all or have been exercised and abandoned or exhausted.

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