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Natural Environment Bill

Enforcement and other matters - Enforcement - Penalties

282: Strict liability and defences

You could also call this:

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

Illustration for Natural Environment Bill

If you are charged with an offence under section 278(1), the prosecutor 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. You must show your actions were reasonable and you fixed any problems that occurred. You can also defend yourself if something outside your control happened, like a natural disaster. You must prove you could not have predicted or stopped the event and that you fixed any problems that occurred. If you want to use this defence, you must tell the prosecutor in writing within 7 days of being charged. You must say you want to use this defence and explain why you think it applies to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530167.

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Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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283: Liability and defences in relation to dumping and incineration of waste or other matter in coastal marine area, or

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Part 6Enforcement and other matters
Enforcement: Penalties

282Strict liability and defences

  1. In any prosecution for an offence set out in section 278(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 natural resources or people; 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).