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Reserves Act 1977

Miscellaneous provisions - Offences

102B: Penalties for offences committed for commercial gain or reward

You could also call this:

"Breaking reserve rules for money can lead to big fines or imprisonment"

Illustration for Reserves Act 1977

If you commit an offence against the Reserves Act 1977 for commercial gain or reward, you can get a bigger penalty. You might get imprisonment for up to 5 years or a fine of up to $300,000, or both, if you are an individual. If you are a company, you can get a fine of up to $300,000. If the offence is still happening, you can get an extra fine of up to $20,000 for each day it continues. This rule is more important than any other rule in the Act that says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5697217.

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Environment and resources > ConservationCrime and justice > Police and safety
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102A: Penalties for certain offences, or

"Breaking reserve rules can lead to big fines or prison time"

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Part 5Miscellaneous provisions
Offences

102BPenalties for offences committed for commercial gain or reward

  1. If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—

  2. in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
    1. in the case of a body corporate, a fine not exceeding $300,000:
      1. in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.

        1. Subsection (1) overrides every other provision of this Act to the contrary.

        Notes
        • Section 102B: inserted, on , by section 15 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).