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Local Government (Water Services) Act 2025

Miscellaneous provisions - Offences - Defences in prosecution for strict liability offences

337: Defences in prosecution for strict liability offences

You could also call this:

"What you can say in court to defend yourself if you're accused of breaking water service rules"

Illustration for Local Government (Water Services) Act 2025

If you are being prosecuted for certain offences under the Local Government (Water Services) Act 2025, such as connecting to a wastewater network without authorisation, you have a defence if you can prove that someone else or an accident caused the offence. You must also show that you took all reasonable precautions to avoid the offence. You can find the specific sections of the Act that apply to this rule by looking at sections like 314, 317, 318, 325, 331, 332, and 333. If you can prove that you did something to prevent a serious risk, and you acted reasonably, you may also have a defence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1012695.

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Part 5Miscellaneous provisions
Offences: Defences in prosecution for strict liability offences

337Defences in prosecution for strict liability offences

  1. This section applies in a prosecution for an offence against a section of this Act listed in the following table:

    The following table is small in size and has 2 columns. Column 1 is headed Section. Column 2 is headed Description.
    Section Description
    314 Connecting to, disconnecting from, or discharging into wastewater network without authorisation
    317 Discharging trade waste without trade waste permit
    318 Breach of trade waste permit
    325 Breach of source water risk management plan or permit
    331 Failure to comply with direction issued by compliance officer
    332 Failure to comply with compliance order or court order
    333 Tampering with water meter

  2. The defendant has a defence if they prove that—

  3. the commission of the offence was due to—
    1. the act or omission of another person; or
      1. an accident; or
        1. some other cause outside the defendant’s control; and
        2. the defendant took all reasonable precautions and exercised due diligence to avoid the commission of the offence or offences of the same kind.

          1. The defendant has a defence if they prove that—

          2. the action or event to which the prosecution relates was necessary for the purposes of preventing, avoiding, or mitigating a specified serious risk; and
            1. the conduct of the defendant was reasonable in the circumstances; and
              1. the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.

                1. For the purposes of this section, the court may take into account all relevant matters, including—

                2. the likelihood of the hazard or risk concerned, including a specified serious risk, occurring; and
                  1. the degree of harm that might result from the hazard or risk; and
                    1. what the person concerned knows, or ought reasonably to know, about—
                      1. the hazard or risk; and
                        1. ways of eliminating or minimising the risk; and
                        2. the availability and suitability of ways to eliminate or minimise the risk.