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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Offences

183: Offence involving requisitioning

You could also call this:

"Breaking the rules about following directions in an emergency"

Illustration for Emergency Management Bill (No 2)

If you do not follow a direction given to you under section 132(2), you might commit an offence. You might also commit an offence if you do not provide assistance under section 132(6). You can say it is not your fault if the person who gave the direction did not have a good reason for doing so. If you are taken to court for not following a direction, you can defend yourself by saying the person who gave the direction did not have a good reason. You can also defend yourself if you did not provide assistance by saying you had a good reason for not doing so. If you commit an offence, you might have to pay a fine or go to prison. As an individual, you might have to pay a fine of up to $10,000 or go to prison for up to 3 months. In other cases, you might have to pay a fine of up to $100,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022592.

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Topics:
Emergency management > Emergency responseCrime and justice > Police and safety
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182: Offence involving failure to comply with prohibition or restriction on access to road or public place, or

"Breaking a rule about going to a restricted road or public place"

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184: Offence involving failure to comply with direction, or

"Breaking a Direction Rule Can Lead to Punishment"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Offences

183Offence involving requisitioning

  1. A person commits an offence if the person—

  2. intentionally fails to comply with any direction given to them under section 132(2); or
    1. intentionally fails to provide assistance under section 132(6).

      1. It is a defence in any proceedings for an offence against subsection (1)(a) if the court is satisfied that the specified person who gave the direction requisitioning property did not have reasonable grounds for believing that in all the circumstances of the case the direction was necessary to preserve human life.

      2. It is a defence in any proceedings for an offence against subsection (1)(b) if the court is satisfied that the person had reasonable grounds for not providing assistance.

      3. A person who commits an offence against subsection (1) is liable on conviction,—

      4. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000:
        1. in any other case, to a fine not exceeding $100,000.

          Compare
          • 2002 No 33 s 101