Deposit Takers Act 2023

Enforcement - Miscellaneous - Miscellaneous

185: General defence for offences

You could also call this:

"You can defend yourself if you broke a rule by accident or because someone else caused the problem."

Illustration for Deposit Takers Act 2023

If you break a rule in the Deposit Takers Act 2023, you might be able to defend yourself. This defence applies to rules like those in sections 27, 33, 36, and others. You can use this defence if you can prove that someone else's actions caused the problem, or it was an accident that you could not control.

You also need to show that you took reasonable precautions to avoid breaking the rule. This means you must have done what a reasonable person would do to prevent the problem. If you can prove these things, you might be able to defend yourself against a prosecution. You have to prove that you did everything you could to avoid the problem and it was not your fault.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS538499.


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Part 5Enforcement
Miscellaneous: Miscellaneous

185General defence for offences

  1. This section applies to offences against any of sections 27, 33, 36, 51, 60, 100, 104, 106, 114, 117, 129, 137, 143, 258, 273, 345, 388, 402, 406, 418, 426, 435, and 437.

  2. It is a defence to a prosecution for an offence referred to in subsection (1) if the defendant (A) proves that—

  3. the contravention to which the offence relates was due to—
    1. the conduct of another person, other than a director, an employee, or an agent of A; or
      1. an accident or some other cause beyond the control of A and A’s directors, employees, and agents; and
      2. A took reasonable precautions and exercised due diligence to avoid the contravention.