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Waste Minimisation Act 2008

Offences and enforcement - Offences

67: Additional penalty for contravention involving commercial gain

You could also call this:

"Paying back money made from breaking waste laws"

Illustration for Waste Minimisation Act 2008

If you break the law under section 65 of the Waste Minimisation Act 2008, the court can give you an extra penalty. This extra penalty is in addition to any other punishment the court decides to give you. The court can order you to pay a sum of money that is equal to the amount of money you made from breaking the law, but only if the court is sure that you broke the law to make money.

The court will decide how much money you made from breaking the law. You will have to pay this amount, and it will be treated like a fine.

The court will use the same standard of proof as it does in civil cases to decide if you should pay this extra penalty, which means the court will look at the evidence to see if it is more likely than not that you broke the law to make money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154647.

Topics:
Environment and resources > ConservationCrime and justice > Police and safetyMoney and consumer rights > Fines and penalties
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66: Offences against bylaws, or

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

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Part 5Offences and enforcement
Offences

67Additional penalty for contravention involving commercial gain

  1. If a person is convicted of an offence under section 65, the court may, on the application of the Secretary or the territorial authority, as the case may be, in addition to any penalty that the court may impose under that section, order the person to pay an amount not exceeding the value of any commercial gain resulting from the contravention, if the court is satisfied that the contravention occurred in the course of producing a commercial gain.

  2. The value of any gain must be assessed by the court, and any amount ordered to be paid is recoverable in the same manner as a fine.

  3. The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.