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Litter Act 1979

Offences and penalties

19B: Defences to strict liability offences

You could also call this:

"Excuses you can use if you're accused of littering and it wasn't your fault"

If you are being prosecuted under section 19A, you can use some defences. You can say that something happened that was beyond your control, like a natural disaster or mechanical failure. You must show that you could not have foreseen or prevented this event.

You can also say that you did something or did not do something because of an emergency. This must have been to protect someone's safety or prevent serious property damage. After the emergency, you must have taken all reasonable steps to fix the problem, like removing litter.

These are the only defences you can use if you are being prosecuted under section 19A, as stated in the Litter Act 1979 and amended by the Litter Amendment Act 2006. The court will consider these defences when deciding your case. You must prove that one of these defences applies to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM33485.

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Environment and resources > ConservationCrime and justice > Criminal law
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19BDefences to strict liability offences

  1. It is a defence in any prosecution referred to in section 19A if the defendant proves—

  2. that the act or omission of the defendant was due to an event—
    1. beyond the defendant's control (including natural disaster, mechanical failure, and sabotage); and
      1. that could not reasonably have been foreseen or provided against by the defendant; or
      2. that—
        1. the act or omission of the defendant was taken or occurred in an emergency and was reasonably necessary for—
          1. protecting the safety and welfare of a person; or
            1. preventing serious damage to property; and
            2. after the emergency, the defendant took all reasonable steps to remove the litter or, as the case may be, comply with any notice or requirement in relation to the litter.

            3. The defences set out in this section are the only defences available to a defendant.

            Notes
            • Section 19B: inserted, on , by section 11 of the Litter Amendment Act 2006 (2006 No 24).