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Natural Environment Bill

Enforcement and other matters - Enforcement - Penalties

285: Burden of proving defences

You could also call this:

"Proving you are not guilty: your responsibility"

Illustration for Natural Environment Bill

If you are accused of something under the Natural Environment 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 one of the defences in sections 283 or 284 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=LMS1530170.

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284: Liability and defences for discharging harmful substances, or

"Defending yourself if you're accused of releasing harmful substances into the environment"


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

"Who gets the money when you pay a fine for breaking environmental laws?"

Part 6Enforcement and other matters
Enforcement: Penalties

285Burden of proving defences

  1. Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 283 or 284 applies lies on the defendant.