National Parks Act 1980

Control of dogs

56L: Strict liability

You could also call this:

"You can be found guilty of breaking dog rules in national parks even if you didn't mean to"

If you are charged with breaking the rules about dogs in national parks, the person charging you doesn't need to prove that you meant to break the rules. This means you can be found guilty even if you didn't intend to do anything wrong.

However, you can defend yourself if you can show two things. First, you need to prove that you didn't mean to break the rules. Second, you need to show that you did everything you reasonably could to follow the rules or avoid breaking them.

For example, if you're accused of not doing something you were supposed to do, you can defend yourself by showing that you tried your best to do it. Or, if you're accused of doing something that wasn't allowed, you can defend yourself by showing that you did everything you could to avoid doing it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM38272.


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Part 5AControl of dogs

56LStrict liability

  1. In any prosecution for any offence against any provision of section 56I, it shall not be necessary for the prosecution to prove that the defendant intended to commit an offence.

  2. It shall be a defence in any such prosecution if the defendant proves—

  3. that the defendant did not intend to commit the offence; and
    1. that—
      1. in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or
        1. in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.
        Notes
        • Section 56L: inserted, on , by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).