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Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

154M: Section 154M offence

You could also call this:

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

If you do not answer a question or give an incorrect answer to a question under section 105E(3), you commit an offence. This offence is a strict liability offence, which means the prosecution does not need to prove you intended to commit the offence. You can defend yourself if you honestly and reasonably believed your answer was correct at the time.

You can also defend yourself if you did not have the information to answer the question. Another defence is if something outside your control happened, like an accident, and you took all reasonable precautions to avoid the offence. You must prepare a written notice for the prosecutor to use these defences.

The notice must state your intention to rely on the defence and include the facts that support it. You must give the notice to the prosecutor at least 15 working days before the hearing date. The penalty for the offence is stated in section 157(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759460.

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154N: Section 154N offences, or

"Breaking Biosecurity Rules is an Offence"

Part 8Enforcement, offences, and penalties
Offences

154MSection 154M offence

  1. A person commits an offence against this Act who fails to answer, or gives an incorrect answer to, a question put to the person under section 105E(3).

  2. The offence is a strict liability offence.

  3. The prosecution is not required to prove that the defendant intended to commit the offence.

  4. The defendant has a defence if the defendant proves that, when the defendant was required to answer the question, the defendant honestly and reasonably believed that the answer the person gave was, in all the circumstances, correct at the time.

  5. The defendant also has a defence if the defendant proves that, when the defendant was required to answer the question, the defendant did not have the information required to answer the question in the person's knowledge, possession, or control.

  6. The defendant also has a defence if the defendant proves that—

  7. the action or event to which the prosecution relates was due to—
    1. the act or omission of another person; or
      1. an accident; or
        1. some other cause or circumstance outside the defendant's control; and
        2. the defendant took all reasonable precautions and exercised due diligence to avoid—
          1. the commission of the particular offence; or
            1. the commission of offences of the same kind.

            2. The defences in subsections (4) to (6) are available only if the defendant—

            3. prepares a written notice for the prosecutor that—
              1. states the defendant's intention to rely on the defence; and
                1. includes the facts that support the defence; and
                2. gives the notice to the prosecutor—
                  1. at least 15 working days before the hearing date; or
                    1. within another time that the court allows.

                    2. The penalty for the offence is in section 157(5).

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