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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Natural Environment Bill

Enforcement and other matters - Enforcement - Penalties

280: Penalties

You could also call this:

"What happens if you break the environment rules"

Illustration for Natural Environment Bill

If you break the rules in section 278, you might get in trouble. You could go to prison for up to 18 months or get a fine of up to $1,000,000. If you are not a natural person, like a company, you could get a fine of up to $10,000,000. If you keep breaking the rules, you might get a fine for each day you do it. For a natural person, this fine could be up to $10,000 per day. For others, it could be up to $50,000 per day. You might also get a fine if you break other rules in section 278. The court can decide what happens to you if you break the rules. They can give you community work or a fine. If you get in trouble, the court can make you do certain things. They can make you follow the rules in section 258 or review a natural resource permit. The court can also make an enforcement order if they decide not to convict you. If you keep doing something wrong, it is considered a continuing offence. This means you can get in trouble for each day you do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539764.

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Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyCrime and justice > Police and safety
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279: Limitation period for offences or pecuniary penalties under this Act, or

"Time limit to charge someone for breaking the Natural Environment Bill rules"

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281: Liability of principal for acts of agents, or

"Your boss can get in trouble if you do something wrong at work."

Part 6Enforcement and other matters
Enforcement: Penalties

280Penalties

  1. A person who commits an offence against section 278(1), (2), or (3) is liable on conviction,—

  2. in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
    1. in the case of a person other than a natural person, to a fine not exceeding $10,000,000.

      1. A person who commits an offence against section 278(1), (2), or (3) is also liable on conviction, if the offence is a continuing one,—

      2. in the case of a natural person, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
        1. in any other case, to a fine not exceeding $50,000 for every day or part of a day during which the offence continues.

          1. A person who commits an offence against section 278(4) is liable on conviction to a fine not exceeding $15,000, and, if the offence is a continuing one, to a further fine not exceeding $1,500 for every day or part of a day during which the offence continues.

          2. A person who commits an offence against section 278(5) is liable on conviction to a fine not exceeding $5,000.

          3. A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.

          4. If a person is convicted of an offence against section 278, the court may, instead of or in addition to imposing a fine or a term of imprisonment, make 1 or more of the following orders:

          5. the orders specified in section 258:
            1. an order requiring a permit authority to serve notice, under section 186, of the review of a natural resource permit held by the person, but only if the offence involves an act or omission that contravenes the permit.

              1. A court discharging an offender without conviction under section 106 of the Sentencing Act 2002 may make an enforcement order under section 263 of this Act.

              2. The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is to be treated as a continuing offence.