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Fisheries Act 1996

Offences and penalties - Proceedings, defences, etc

240: Strict liability

You could also call this:

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

Illustration for Fisheries Act 1996

If you are charged with an offence under the Fisheries Act 1996, the prosecution does not need to prove you meant to commit the offence. This rule does not apply to certain offences, such as those against sections 78A(8) and (9), 79A(8) and (9), 231, 233, 235, 257(2), 296B(5), and 296ZC(3)(b) and (c). You can still be found guilty even if you did not intend to break the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398692.

Topics:
Crime and justice > Criminal lawEnvironment and resources > Farming and fishing
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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."

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241: Defence available under this Act, or

"What to say if you break a fishing rule by accident"

Part 13Offences and penalties
Proceedings, defences, etc

240Strict liability

  1. In any proceedings for an offence against this Act it is not necessary for the prosecution to prove that the defendant intended to commit the offence, except in the case of an offence against any of sections 78A(8) and (9), 79A(8) and (9), 231, 233, 235, 257(2), 296B(5), and 296ZC(3)(b) and (c).

Notes
  • Section 240: substituted, on , by section 22 of the Fisheries Amendment Act 2001 (2001 No 65).