Local Government (Water Services Preliminary Arrangements) Act 2024

Water services delivery plans and foundational information disclosure requirements - Foundational information disclosure requirements - Pecuniary penalty orders

51: When High Court may make pecuniary penalty order

You could also call this:

"When you might have to pay a penalty for hiding or lying about information."

The High Court can order you to pay a penalty to the Crown if you have done something wrong with information. You might have to pay a penalty if you did not tell the truth about something, or if you told a lie. The Court can also order you to pay a penalty if you tried to hide information or helped someone else to hide information.

If the Court thinks you were involved in hiding information, you might have to pay a penalty. This means you might have helped someone else to hide information, or you might have encouraged them to do it. You could also have to pay a penalty if you were part of a plan to hide information.

The Court can start a case against you at any time within three years after you did something wrong with information. You can find more information about this by looking at the relevant laws, such as sections 83(1) and 126.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964505.


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50: Sharing of information and documents between Commission and department, or

"The Commission and government department share information to check water service plans are working."


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52: Maximum amount of pecuniary penalty, or

"Maximum fine for breaking water services rules: up to $500,000 for individuals or $5 million for others"

Part 2Water services delivery plans and foundational information disclosure requirements
Foundational information disclosure requirements: Pecuniary penalty orders

51When High Court may make pecuniary penalty order

  1. The High Court may, on the application of the Commission, order a person to pay to the Crown a pecuniary penalty if the court is satisfied that the person has—

  2. contravened an obligation to disclose information under this subpart; or
    1. contravened an obligation to disclose information in the form or within the time required; or
      1. disclosed information under this subpart that is false or misleading; or
        1. attempted to contravene an obligation to disclose information under this subpart; or
          1. been involved in a contravention of an obligation to disclose information under this subpart.
            1. In subsection (1)(e), a person has been involved in a contravention if the person—

            2. has aided, abetted, counselled, or procured the contravention; or
              1. has induced the contravention, or attempted to induce it, whether by threats or promises or otherwise; or
                1. has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
                  1. has conspired with others to effect the contravention.
                    1. Proceedings under this section may be commenced at any time within 3 years after the contravention occurred.

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