Local Government (Water Services Preliminary Arrangements) Act 2024

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

52: Maximum amount of pecuniary penalty

You could also call this:

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

If you break the rules under section 51, you might have to pay a pecuniary penalty. The maximum amount you have to pay is $500,000 if you are an individual. If you are not an individual, the maximum amount is $5 million. When the court decides how much you have to pay, they look at what you did and how it happened. They think about whether you did it on purpose or by accident, and if you have done something similar before.

The court also considers whether you have been in trouble before for doing something similar. You will not have to pay more than one pecuniary penalty for the same thing you did. You can find more information about this by looking at section 51.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964506.


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51: When High Court may make pecuniary penalty order, or

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


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53: Order requiring information disclosure requirement to be complied with, or

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

52Maximum amount of pecuniary penalty

  1. The maximum amount of a pecuniary penalty imposed under section 51 is, in respect of each act or omission,—

  2. $500,000, in the case of an individual; or
    1. $5 million, in any other case.
      1. In determining the amount of pecuniary penalty, the court must have regard to all relevant matters, including—

      2. the nature and extent of the contravention; and
        1. the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence); and
          1. whether the person has previously been found by the court in proceedings under this subpart to have engaged in similar conduct.
            1. A person may not be liable to more than 1 pecuniary penalty in respect of the same conduct.

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