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Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Enforcement

92: Maximum amount of pecuniary penalty

You could also call this:

"Maximum fine for breaking water services rules is $5,000,000"

If you break the rules under section 91, you might have to pay a pecuniary penalty. The maximum amount you can be charged is $5,000,000 for each act or thing you did wrong.

When the court decides how much you have to pay, they look at what you did, how much harm it caused, and whether you did it on purpose.

The court also thinks about whether you have done something similar before, and they make sure you do not get charged more than once for the same thing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964566.

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91: High Court may impose orders, or

"The High Court can make Watercare follow the rules or pay a penalty if it does something wrong."

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"The court can tell Watercare to share information or follow rules, and punish them if they don't."

Part 4Watercare Services Limited
Enforcement

92Maximum amount of pecuniary penalty

  1. The maximum amount of a pecuniary penalty imposed under section 91 is $5,000,000 in respect of each act or omission.

  2. In determining the amount of pecuniary penalty, the court must have regard to all relevant matters, including—

  3. the nature and extent of the contravention; and
    1. the nature and extent of any loss or damage suffered by any person as a result 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 court, in proceedings under this Act or any other legislation, has previously found Watercare to have engaged in any similar conduct.

          1. Watercare may not be liable to more than 1 pecuniary penalty in respect of the same conduct.