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Planning Bill

Enforcement and other matters - Enforcement - Penalties

256: Penalties

You could also call this:

"What happens if you break the law: penalties and fines"

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If you break the law under section 254(1), you could go to prison for up to 18 months or get a fine of up to $1,000,000 if you are a natural person. If you are not a natural person, you could get a fine of up to $10,000,000. You could also get a fine for each day you keep breaking the law. If you break the law under section 254(2), you could get a fine of up to $15,000, and an extra fine for each day you keep breaking the law. If you break the law under section 254(3), you could get a fine of up to $5,000. A court can also sentence you to community work. If you are found guilty of breaking the law, a court can make you do certain things, like follow the orders in section 232, or make a consent authority review a planning consent. A court can also make an enforcement order under section 237 if you are let off without a conviction. If you keep doing something that is against the law, or if you do it again and again, it is considered a continuing offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529982.

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Part 6Enforcement and other matters
Enforcement: Penalties

256Penalties

  1. A person who commits an offence against section 254(1) is liable on conviction,—

  2. in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
    1. in the case of a person other than a natural person, to a fine not exceeding $10,000,000.
      1. A person who commits an offence against section 254(1) is also liable on conviction, if the offence is a continuing one,—

      2. in the case of a natural person, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
        1. in the case of a person other than a natural person, to a fine not exceeding $50,000 for every day or part of a day during which the offence continues.
          1. A person who commits an offence against section 254(2) is liable on conviction to a fine not exceeding $15,000, and, if the offence is a continuing one, to a further fine not exceeding $1,500 for every day or part of a day during which the offence continues.

          2. A person who commits an offence against section 254(3) is liable on conviction to a fine not exceeding $5,000.

          3. A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.

          4. If a person is convicted of an offence against section 254, the court may, instead of or in addition to imposing a fine or a term of imprisonment, make 1 or more of the following orders:

          5. the orders specified in section 232:
            1. an order requiring a consent authority to serve notice, under section 168, of the review of a planning consent held by the person, but only if the offence involves an act or omission that contravenes the consent.
              1. A court discharging an offender without conviction under section 106 of the Sentencing Act 2002 may make an enforcement order under section 237 of this Act.

              2. The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is to be treated as a continuing offence.