Plain language law

New Zealand law explained for everyone

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Planning Bill

Enforcement and other matters - Enforcement - Penalties

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

You could also call this:

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

Illustration for Planning Bill

If you break the law under section 254 and the court gives you a fine, the court will tell you to pay the fine to the local authority or the EPA if they started the court case. The local authority or EPA will get the fine, but they have to give 10% of it to the government. If the fine is to pay for loss or damage, the local authority or EPA will get the whole amount without giving any to the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540206.

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Part 6Enforcement and other matters
Enforcement: Penalties

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

  1. If a person is convicted of an offence under section 254 and the court imposes a fine, the court must, if the proceedings in relation to the offence were commenced by or on behalf of a local authority or the EPA, order that the fine be paid to the local authority or the EPA.

  2. There must be deducted from every amount payable to a local authority or the EPA under subsection (1) a sum equal to 10% of that amount, and that sum must be credited to a Crown Bank Account.

  3. Despite anything in subsection (2), if any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority or the EPA under subsection (1), no deduction may be made under subsection (2) in respect of that money.

  4. Subject to subsection (2), an order of the court made under subsection (1) is sufficient authority for the Registrar receiving the fine to pay that fine to the local authority or the EPA, as the case may be, that is entitled to it under the order.

  5. Nothing in section 73 of the Public Finance Act 1989 applies to any fine ordered to be paid to a local authority or the EPA under subsection (1).