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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Monitoring and enforcement - Offences

52: Prosecution and defence for strict liability offences

You could also call this:

"What happens if you're accused of breaking a marine protection rule without meaning to"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

You are being prosecuted for an offence against section 49 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025. It is not necessary to prove that you intended to commit the offence. You have a defence if you can prove you did not intend to commit the offence. You must also prove that you took all reasonable steps to ensure the offence was not committed. This means if something was not done that should have been, you must show you tried to do it. If something was done that should not have been, you must show you tried to stop it. You can refer to section 49 for more information about the offence. You need to understand what you are being prosecuted for. The court will consider your defence when deciding the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882850.

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Crime and justice > Courts and legal helpCrime and justice > Criminal lawEnvironment and resources > Conservation
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Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Offences

52Prosecution and defence for strict liability offences

  1. In a prosecution for an offence against section 49, it is not necessary to prove that the defendant intended to commit the offence.

  2. The defendant has a defence if the defendant proves—

  3. that the defendant did not intend to commit the offence; and
    1. that,—
      1. in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or
        1. in any case where it is alleged that anything prohibited was done, the defendant took all reasonable steps to ensure that it was not done.