Plain language law

New Zealand law explained for everyone

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

90: No pecuniary penalty and criminal penalty for same conduct

You could also call this:

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

If this bill becomes law, you won’t be punished twice for the same bad behaviour. The law would say that if you do something wrong, you can either be ordered to pay money as a penalty or be fined or sent to prison, but not both. This rule would apply not just to this new law, but to any other laws as well. The government can choose one way to punish you, but they can’t use both types of punishment for the same action.

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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=LMS911726.

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

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

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91: General defences for person in contravention, or

“Ways to defend yourself if you're accused of breaking a rule in the Customer and Product Data Bill”

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

90No pecuniary penalty and criminal penalty for same conduct

  1. A person cannot be ordered to pay a pecuniary penalty and be liable for a fine or to imprisonment under this Act or any other Act for the same conduct.