Local Government Act 1974

Offences and legal proceedings - Offences

698: General penalty

You could also call this:

"Breaking a rule without a specific penalty can cost you up to $500, plus extra for each day you continue."

Illustration for Local Government Act 1974

If you break a rule in the Local Government Act 1974 and there is no specific penalty, you can be fined up to $500. If you keep breaking the rule, you can be fined an extra $50 for each day you continue. You can also be taken to the District Court if you disobey an order made under this Act. The court can stop you from continuing to break the rules, even if you have not been taken to court for the offence yet, or if you have already been convicted of the offence, the court can stop you as part of your penalty or in a separate case. If you keep doing something or something stays in a state that is against the rules, this is considered a continuing offence.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM424270.


Previous

697: Default in compliance with Act, or direction given pursuant to Act, or

"What happens if you don't follow the rules of the Local Government Act 1974?"


Next

699: Time for filing charging document, or

"How long you have to file a complaint about a local government law break"

Part 44Offences and legal proceedings
Offences

698General penalty

  1. Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction to a fine not exceeding $500 and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.

  2. Where any order is made under this Act by any court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order commits an offence against this Act.

  3. Where a person commits a continuing breach of any provision of this Act which is an offence to which this section applies, then, notwithstanding anything in any other Act, the District Court may, on application by the council, grant an injunction restraining the further continuance of the breach by that person.

  4. An injunction may be granted under subsection (3),—

  5. notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
    1. where the person is convicted of such an offence, either,—
      1. in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
        1. in subsequent proceedings.
        2. The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act shall be a continuing offence for the purposes of this section.

        Notes
        • Section 698: inserted, on , by section 2 of the Local Government Amendment Act 1979 (1979 No 59).
        • Section 698(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 698(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).