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.

Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Relationship between proceedings and orders

89: Only 1 pecuniary penalty order may be made for same conduct

You could also call this:

“You can only get one money penalty for breaking multiple rules with one action”

This proposed law says that if you do something that breaks two or more rules, you can be taken to court for breaking any or all of those rules. However, you can only be given one money penalty for that single action, even if it broke multiple rules.

For example, if you did one thing that broke three different rules, you might be taken to court for breaking all three rules. But when it comes to paying a fine, you would only have to pay one fine for that one action, not three separate fines.

This is part of a new bill called the Customer and Product Data Bill. If it becomes law, it will help make sure people aren’t punished multiple times for the same mistake.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911725.


Previous

88: More than 1 civil liability remedy may be given for same conduct, or

“Courts can give different types of punishments for the same wrong action”


Next

90: No pecuniary penalty and criminal penalty for same conduct, or

“You can't be punished twice for the same mistake”

Part 4 Regulatory and enforcement matters
Civil liability: Relationship between proceedings and orders

89Only 1 pecuniary penalty order may be made for same conduct

  1. If conduct by a person constitutes a contravention, an attempted contravention, or an involvement in the contravention of 2 or more provisions,—

  2. a proceeding may be brought against that person for the contravention, attempted contravention, or involvement in the contravention of any 1 or more of the provisions; but
    1. no person is liable to more than 1 pecuniary penalty order for the same conduct.