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Animal Products Act 1999

Offences, penalties, and proceedings - Offences

135: Failure to comply with Act, etc

You could also call this:

"Breaking the Animal Products Act 1999 rules can get you in trouble and fined"

If you do not follow the Animal Products Act 1999, you can get in trouble. You must have a good reason for not following the Act. If you do not follow the Act, or the regulations, or any directions given to you, you can commit an offence. You can also commit an offence if you do not follow any conditions, notices, or requirements that are part of the Act. When someone takes you to court for not following the Act, they do not need to prove that you meant to break the rules.

If you commit an offence and there is no other penalty, you can get a fine. If you are a company, your fine can be up to $100,000. If you are an individual, your fine can be up to $20,000.

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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=DLM35758.

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134: Offence of breach of duty, or

"Breaking the rules about animal products can lead to a big fine if you don't have a good reason."

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136: Defence for persons charged with breach of duty or failure to comply, or

"Defending Yourself Against Charges of Breaking Animal Product Rules"

Part 10Offences, penalties, and proceedings
Offences

135Failure to comply with Act, etc

  1. A person commits an offence who, without reasonable excuse, fails to comply with—

  2. any provision of this Act; or
    1. any provision of the regulations the failure to comply with which is identified in the regulations as an offence; or
      1. any direction, condition, notice, or requirement lawfully given, made, or imposed by or under this Act.

        1. In proceedings for an offence against this section it is not necessary for the prosecution to show that the defendant intended to commit the offence.

        2. A person who commits an offence against this section for which no other penalty is specified is liable on conviction—

        3. in the case of a body corporate, to a fine not exceeding $100,000:
          1. in the case of an individual, to a fine not exceeding $20,000.

            Notes
            • Section 135(1)(b): replaced, on , by section 152 of the Food Safety Law Reform Act 2018 (2018 No 3).
            • Section 135(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).