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Emergency Management Bill (No 2)

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

181: Offence involving withholding assessment or giving false or misleading information in assessment

You could also call this:

"Telling lies or hiding information in an assessment can get you in trouble"

Illustration for Emergency Management Bill (No 2)

If you are told to get an assessment under section 135(1) or 165(1), you must do it. You can get in trouble if you don't get the assessment on time or don't give it to the right person. You can also get in trouble if you give false information in the assessment. You might not be able to be prosecuted right away if you are appealing a decision. If you break the rules, you could go to prison or get a fine. The fine can be up to $5,000 for some things, and up to $50,000 for others. If you give false information, the fine can be up to $20,000 for you, and up to $60,000 for others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530254.

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Topics:
Crime and justice > Criminal lawGovernment and voting > Government departments
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180: Offence involving failure to comply with direction to evacuate premises or place, or

"Breaking the Law by Not Leaving a Place When Told To"

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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"

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

181Offence involving withholding assessment or giving false or misleading information in assessment

  1. A person commits an offence if the person, when directed under section 135(1) or 165(1) to obtain an assessment,—

  2. intentionally fails or refuses to obtain the assessment within the time specified in the direction; or
    1. intentionally fails or refuses to provide the assessment to the person who gave the direction within the time specified in the direction; or
      1. knowingly provides in the assessment false or misleading information to the person who gave the direction.

        1. No prosecution may be brought under this section—

        2. before the time for appeal against a direction to obtain an assessment in relation to a structure has expired under section 207(2)(a); and
          1. if a person appeals under section 207(1)(a), until the determination of the appeal.

            1. Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011.

            2. A person who commits an offence against subsection (1)(a) or (b) is liable on conviction,—

            3. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
              1. in any other case, to a fine not exceeding $50,000.

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

                2. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000:
                  1. in any other case, to a fine not exceeding $60,000.

                    Compare
                    • 2002 No 33 s 96