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Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

238: Charges relating to certain offences may be heard together

You could also call this:

"The court can hear multiple related fishing offence charges together if it's fair."

Illustration for Fisheries Act 1996

If you have been charged with more than one offence against the Fisheries Act 1996, the court can decide to hear these charges together. The court will only do this if the offences are related, such as being based on the same facts or being similar in character. The court must also think it is fair to hear the charges together. If the court decides to hear the charges together, it can later change its mind and hear some of the charges separately. This will happen if the court thinks it is fair to do so. When making these decisions, the court will think about whether hearing the charges together or separately might be unfair to you. You can find more information about similar laws by looking at the Criminal Procedure Act 2011 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398690.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawEnvironment and resources > Farming and fishing
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"A summons about a fishing offence can be given to an agent of a foreign vessel."

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239: Charging document may charge defendant with any number of offences, or

"You can be charged with one or many related fishing offences at the same time."

Part 13Offences and penalties
Proceedings, defences, etc

238Charges relating to certain offences may be heard together

  1. If 2 or more charging documents charging a defendant with any offence against this Act have been filed, the court may, despite any other enactment or rule of law, order that any specified charges be tried together, if satisfied that—

  2. either—
    1. the offences are founded on the same set of facts; or
      1. the offences form, or are part of, a series of offences of the same character or similar character; and
      2. it is in the interests of justice that the charges be tried together.

        1. If the court has made an order under subsection (1), the court may, at any subsequent time, direct that any charge subject to that order be heard separately if satisfied that to do so is in the interests of justice.

        2. For the purposes of this section, in considering whether it is in the interests of justice to hear any charges together or separately, the court shall have regard to the likelihood of prejudice to the defendant if any particular charge, or combination of charges, is heard together with any other charge or combination of charges.

        Compare
        Notes
        • Section 238 heading: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 238(1): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 238(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 238(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).