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Water Services Act 2021

Standards, enforcement, and other matters - Sentencing for offences

195: Order for payment of chief executive's costs in bringing prosecution

You could also call this:

"When someone breaks the law, the court can order them to pay the costs of the case"

Illustration for Water Services Act 2021

You can go to court if you are the chief executive and you want someone to pay for the costs of a prosecution. The court can order the offender to pay a sum of money that the court thinks is fair towards the costs of the prosecution. This includes the costs of investigating the offence and any other related costs. If the court makes this order, it cannot make another order under section 4 of the Costs in Criminal Cases Act 1967. If the court makes an order against a Crown organisation, the organisation must pay the costs and fees from its own funds. This means the organisation is responsible for paying the costs. The costs are paid from the organisation's funds, not from anywhere else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374936.

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"How judges decide your punishment for breaking water rules"

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

195Order for payment of chief executive's costs in bringing prosecution

  1. On the application of the chief executive, the court may order the offender to pay to the chief executive a sum that it thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offending and any associated costs).

  2. 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.

  3. 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.

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