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Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

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

You could also call this:

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

Illustration for Fisheries Act 1996

When you are charged with something against the Fisheries Act 1996, the charging document can include any number of offences. These offences must be related to the same set of facts, or be part of a series of similar offences. You can be charged with more than one offence at the same time, as long as they are connected. If you are charged with more than one offence, the charging document must include details of each offence. This means you will know exactly what you are being charged with. The court will usually hear all the charges together, but it can decide to hear some charges separately if it thinks that is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398691.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawEnvironment and resources > Farming and fishing
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238: Charges relating to certain offences may be heard together, or

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

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240: Strict liability, or

"You can be guilty of a crime even if you didn't mean to do it"

Part 13Offences and penalties
Proceedings, defences, etc

239Charging document may charge defendant with any number of offences

  1. Any charging document may, notwithstanding section 17 of the Criminal Procedure Act 2011, charge the defendant with any number of offences against this Act, if the offences are founded on the same set of facts, or form, or are part of, a series of offences of the same or similar character.

  2. If any charging document charges more than 1 such offence, particulars of each offence charged shall be set out in the charging document.

  3. All such charges shall be heard together unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.

Compare
  • 1992 No 13 s 166(5)–(7)
Notes
  • Section 239 heading: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 239(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 239(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).