This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

226: Order for payment of EPA’s costs in bringing a prosecution

You could also call this:

"Paying for the EPA's costs if you break the law"

If you break the law under this proposed Act, the EPA can ask the court to make you pay some of their costs. The court can order you to pay a sum of money that they think is fair towards the costs of the prosecution. This includes costs of investigating the offence and any other related costs. If the court orders you to pay the EPA's costs, they cannot also order you to pay costs under the Costs in Criminal Cases Act 1967. You will have to pay the costs that the court decides. The court will decide what is a fair amount for you to pay. If you work for a Crown organisation and the court orders your organisation to pay costs, the organisation will have to pay from their own funds. This means the organisation will be responsible for paying the costs and fees awarded by the court. The court's decision will be final in this matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528586.

This page was last updated on 12 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyEnvironment and resources > ConservationMoney and consumer rights > Taxes

225: Additional reporting requirements, or

"The EPA must report on its enforcement work each year."

227: Proceedings to be heard by an Environment Judge, or

"Who hears cases about the environment under the Planning Bill"

Part 6Enforcement and other matters
Enforcement: Enforcement functions of EPA

226Order for payment of EPA’s costs in bringing a prosecution

On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).
If the court makes an order under subsection (1), it must not make an order under section 4 of the Costs in Criminal Cases Act 1967.
If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation.