Part 44Offences and legal proceedings
Offences
698General penalty
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.
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.
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.
An injunction may be granted under subsection (3),—
- notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
- where the person is convicted of such an offence, either,—
- in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
- in subsequent proceedings.
- in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
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).


