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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

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

You could also call this:

"Paying the EPA's costs if you break environmental laws"

Illustration for Natural Environment Bill

If you break the law under the proposed Natural Environment Bill, 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 the 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. The court will decide what is a fair amount for you to pay. You will have to pay this amount to the EPA. If you are part of a Crown organisation and the court orders you to pay the EPA's costs, your organisation will have to pay the costs and fees from their own funds. This means that the organisation's money will be used to pay the costs. The court's order will specify how much your organisation has to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526814.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationCrime and justice > Courts and legal helpCrime and justice > Police and safetyMoney and consumer rights > Taxes

251: Additional reporting requirements, or

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

253: Proceedings to be heard by Environment Judge, or

"Environment cases are heard by a special environment judge"

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

252Order 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.