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Water Services Act 2021

Standards, enforcement, and other matters - Sentencing for offences

194: Sentencing criteria

You could also call this:

"How judges decide your punishment for breaking water rules"

Illustration for Water Services Act 2021

When you are in court for breaking a rule in the Water Services Act, the judge must follow the Sentencing Act 2002. You will be sentenced based on things like how likely it was that someone could get sick or hurt. The judge will also look at whether someone actually got sick or hurt because of what you did.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374935.

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193: Application of subpart, or

"What happens when someone breaks a Water Services Act rule"

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Part 3Standards, enforcement, and other matters
Sentencing for offences

194Sentencing criteria

  1. This section applies when a court is determining how to sentence or otherwise deal with an offender convicted of an offence against subpart 11.

  2. The court must apply the Sentencing Act 2002 and must have particular regard to—

  3. sections 7 to 10 of that Act; and
    1. the risk of, and the potential for, illness, injury, or death that could have occurred; and
      1. whether death, serious injury, or serious illness occurred or could reasonably have been expected to have occurred; and
        1. the compliance record of the person (including, without limitation, any warning, direction, infringement notice, or compliance order issued to the person or enforceable undertaking agreed to by the person) to the extent that it shows whether any aggravating factor is present; and
          1. the degree of departure from prevailing standards in the person's sector or industry as an aggravating factor.

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