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Waste Minimisation Act 2008

Offences and enforcement - Injunctions

72: Injunctions restraining commission of offence under section 65(2)

You could also call this:

"The court can stop someone from breaking waste rules to keep people safe."

Illustration for Waste Minimisation Act 2008

The District Court can stop a territorial authority from doing something wrong under section 65(2) of the Waste Minimisation Act 2008. You can think of this like a rule that helps keep people safe. The Medical Officer of Health has to ask the court for this to happen. The court can make this decision even if other laws say something different, or if the territorial authority has not been taken to court for the offence yet. The court can also make this decision if someone has already been found guilty of the offence, and this can be instead of, or as well as, another penalty, or it can happen in a later court case related to the offence, which is mentioned in section 65(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1235839.

Topics:
Environment and resources > ConservationHealth and wellbeing > Public health
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Part 5Offences and enforcement
Injunctions

72Injunctions restraining commission of offence under section 65(2)

  1. The District Court may, on the application of the Medical Officer of Health, grant an injunction restraining a territorial authority from committing an offence against section 65(2).

  2. An injunction may be granted under subsection (1)—

  3. despite anything in any other enactment:
    1. whether or not proceedings in relation to the offence have been commenced:
      1. if a person is convicted of the offence,—
        1. in substitution for, or in addition to, any other penalty; or
          1. in subsequent proceedings.

          Notes
          • Section 72(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).