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Planning Bill

Enforcement and other matters - Enforcement - Penalties

259: Burden of proving defences

You could also call this:

"Proving you are not guilty under the Planning Bill"

If you are accused of something under the Planning Bill, you have to prove that a defence applies to you. This is different from what the Criminal Procedure Act 2011 says. You must show that the defence in section 258 applies to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540205.

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

Topics:

Environment and resources > Town planningCrime and justice > Criminal law

258: Strict liability and defences, or

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

260: Fines to be paid to local authority or EPA instituting prosecution, or

"Who gets the money when you pay a fine for breaking the law"

Part 6Enforcement and other matters
Enforcement: Penalties

259Burden of proving defences

Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 258 applies lies on the defendant.