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Waste Minimisation Act 2008

Offences and enforcement - Offences

65: Offences

You could also call this:

"Breaking waste rules can get you in trouble and cost you a fine"

Illustration for Waste Minimisation Act 2008

If you break certain rules about waste, you can get in trouble with the law. You might have to pay a fine of up to $100,000 if you are a producer who does not follow the regulations made under section 22(1)(a) or if you are someone who knowingly breaks those rules. You can also get in trouble if you break rules made under section 23(1)(c), section 23(1)(d), section 23(1)(e), section 23(1)(f), or section 23(1)(i).

If you are a territorial authority and you do not follow the rules, you can get a fine of up to $20,000 for not complying with section 55(3). You can also get in trouble if you stop an enforcement officer or auditor from doing their job, or if you give them false information when they ask you for it under section 79.

You might have to pay a fine of up to $5,000 if you do something to stop an enforcement officer or auditor from doing their job, or if you give them false information. If you are a territorial authority and you get in trouble with the law, you might have to pay for the costs of cleaning up the waste that you did not handle properly.

A court will decide how much you have to pay for those costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154645.

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64: Bylaws made under Local Government Act 1974, or

"Old bylaws are still valid if they were made before this law started"

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66: Offences against bylaws, or

"Breaking a bylaw can mean a big fine of up to $20,000"

Part 5Offences and enforcement
Offences

65Offences

  1. The following persons commit an offence and are liable on conviction to a fine not exceeding $100,000:

  2. a producer who contravenes regulations made under section 22(1)(a):
    1. any person (other than a producer) who knowingly contravenes regulations made under section 22(1)(a):
      1. a person who contravenes regulations made under section 23(1)(c), (d), (e), (f), or (i):
        1. a person who knowingly contravenes regulations made under section 23(1)(a), (b), (g), or (h):
          1. a person who contravenes regulations made under section 86(1)(a) or (b):
            1. a person who, in providing records or other information required by regulations made under section 23(1)(i) or 86(1)(a), (b), or (c), knowingly—
              1. supplies false or misleading information; or
                1. makes any material omission.

                2. A territorial authority that fails to comply with section 55(3) commits an offence and is liable on conviction to a fine not exceeding $20,000.

                3. The following persons commit an offence and are liable on conviction to a fine not exceeding $5,000:

                4. a person who intentionally prevents an enforcement officer or auditor from carrying out his or her statutory functions or duties; or
                  1. a person who—
                    1. refuses to give information when required to do so by an enforcement officer or auditor acting under section 79; or
                      1. intentionally supplies false or misleading information to an enforcement officer or an auditor acting under section 79; or
                      2. a person who incites any other person to do an act referred to in paragraph (a) or (b).

                        1. A territorial authority convicted of an offence under subsection (2) is liable, in addition to the penalty for the offence, for any reasonable costs incurred by the Medical Officer of Health in collecting and disposing of the waste to which the offence relates.

                        2. Costs under subsection (4) must be assessed by the court.

                        Notes
                        • Section 65(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                        • Section 65(3)(b)(i): amended, on , by section 306(1) of the Search and Surveillance Act 2012 (2012 No 24).
                        • Section 65(3)(b)(ii): amended, on , by section 306(1) of the Search and Surveillance Act 2012 (2012 No 24).