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Planning Bill

Enforcement and other matters - Enforcement - Penalties

258: Strict liability and defences

You could also call this:

"What happens if you're accused of doing something wrong without meaning to"

Illustration for Planning Bill

If you are charged with an offence under section 254(1), the court does not need to prove you meant to commit the offence. You can defend yourself if you can prove your actions were necessary to save lives, protect health, or prevent damage to property or the environment. You must also show your actions were reasonable and you fixed any problems that happened. You can also defend yourself if something outside your control happened, like a natural disaster or mechanical failure. You must show you could not have predicted or stopped it, and you fixed any problems that happened. If you want to use this defence, you must tell the prosecutor in writing within 7 days of being charged, and explain why you are using this 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=LMS1530598.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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257: Liability of principal for acts of agents, or

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"Proving you are not guilty under the Planning Bill"

Part 6Enforcement and other matters
Enforcement: Penalties

258Strict liability and defences

  1. In any prosecution for an offence set out in section 254(1) it is not necessary to prove that the defendant intended to commit the offence.

  2. It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves—

  3. that—
    1. the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and
      1. the conduct of the defendant was reasonable in the circumstances; and
        1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
        2. that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
          1. the action or event could not reasonably have been foreseen or been provided against by the defendant; and
            1. the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

            2. Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—

            3. stating that the defendant intends to rely on subsection (2); and
              1. specifying the facts that support the defendant’s reliance on subsection (2).