Animal Products Act 1999

Offences, penalties, and proceedings - Offences

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

You could also call this:

"Defending Yourself Against Charges of Breaking Animal Product Rules"

If you are charged with breaking a rule or not doing what you are supposed to do under sections like section 134 or section 135, you can defend yourself. You can say it was not your fault because someone else did something or did not do something, or it was an accident that you could not control. You must also show that you tried to stop the breach or failure from happening.

You took steps to avoid the problem, and you were careful. This is called taking reasonable precautions and exercising due diligence. If you can prove these two things, you might have a defence.

You must tell the prosecutor in writing at least 14 days before the court hearing that you want to use this defence. You must also explain what happened and what you did to try to prevent it, and the court might allow you more time to do this if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35759.


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135: Failure to comply with Act, etc, or

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


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Part 10Offences, penalties, and proceedings
Offences

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

  1. In any prosecution for an offence against section 134 or section 135, it is a defence if the defendant proves that—

  2. the breach or failure concerned was due to the act or omission of another person, or to an accident or some other cause outside the defendant's control; and
    1. the defendant took reasonable precautions and exercised due diligence to avoid the breach or failure, or breaches or failures of that kind.
      1. A defence under subsection (1) is available only if, at least 14 days before the date on which the hearing of the proceedings commences or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice that—

      2. states that the defendant intends to rely on the relevant defence; and
        1. specifies the nature of the act or omission constituting the relevant breach or failure and the precautions taken against such breaches or failures.