22Defences to offences

1. It is a defence to an offence if the court concerned is satisfied that the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant and—

2. the action or event could not reasonably have been foreseen or prevented by the defendant; and
3. the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.

4. It is a defence to an offence if the court concerned is satisfied that—

5. the act or omission giving rise to the offence was necessary to—
   1. save or protect life or health; or
   2. prevent injury; or
   3. prevent serious damage to property; or
   4. avoid actual or likely damage to the environment; and
6. the conduct of the defendant was reasonable in the circumstances; and
7. the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred.

8. It is a defence to an offence against section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii) if the court concerned is satisfied that—

9. the act giving rise to the offence was necessary in the circumstances; and
10. the conduct of the defendant was reasonable in the circumstances; and
11. the effects of the act were adequately remedied or mitigated by the defendant after the offence occurred.

12. Subsection (5) applies in respect of a proceeding commenced by an enforcement officer issuing an infringement notice under section 27 and in relation to which the person to whom the notice was issued is a person described in section 26(1)(b) or (c).

13. The defences available under section 133A(3) and (4) of the Land Transport Act 1998 apply to the person as if the offence were a stationary vehicle offence within the meaning of section 2(1) of that Act.

14. The defences available under this section do not limit any other defences that may be available.

Notes

• Section 22(3): amended, on 7 June 2023, by section 20 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).