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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Miscellaneous provisions relating to defences

504: Defendant must identify other person

You could also call this:

"Tell the court who else was involved, in writing, before the trial starts"

Illustration for Financial Markets Conduct Act 2013

If you are a defendant in a court case, you want to say that someone else was responsible for what happened. You must tell the other party in the case who that person is, in writing, at least 7 days before the court hearing starts. This is so you can use the defence that you relied on information from that person, or that they were the ones who did something wrong, as stated in section 499(1)(a) or section 503(2)(a), or that the contravention was due to their act or default, as stated in section 499(1)(b). The court must give you permission if you do not do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702274.

Topics:
Crime and justice > Courts and legal help
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"Defences for people who break financial rules by accident"

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Part 8Enforcement, liability, and appeals
Civil liability: Miscellaneous provisions relating to defences

504Defendant must identify other person

  1. A person (A) is not, without the leave of the court, entitled to rely on the defence provided by section 499(1)(a) or 503(2)(a) that the contravention or involvement in the contravention was due to reasonable reliance on information supplied by another person, or provided by section 499(1)(b) that the contravention was due to the act or default of another person, unless A has, not later than 7 days before the date on which the hearing of the proceeding commences, served on the other party to the proceeding a written notice identifying that person.

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