Local Government (Water Services Preliminary Arrangements) Act 2024

Watercare Services Limited - Enforcement

95: Further penalty for continuing breach

You could also call this:

"Breaking the rules repeatedly can mean an extra daily penalty of up to $250,000."

If you break the rules and it keeps happening, the High Court can give you an extra penalty for each day you keep breaking the rules. This extra penalty is on top of the fine you already got under section 91 or 93. The court decides how much the extra penalty is, but it cannot be more than $250,000 per day.

The extra penalty only starts the day after you got your fine under section 91 or 93. It keeps going until you fix the problem that was against the rules. You have to fix the problem to stop getting the extra penalty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964569.


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94: Maximum amount of pecuniary penalty, or

"Maximum fine for breaking the rules is $5,000,000"


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Part 4Watercare Services Limited
Enforcement

95Further penalty for continuing breach

  1. For a continuing breach, the High Court may impose, for each day or part of a day during which the breach continues, a further penalty in addition to a pecuniary penalty imposed under section 91 or 93.

  2. The maximum daily amount of a further penalty under subsection (1) is $250,000.

  3. A further penalty under subsection (1) may be imposed only in respect of the period that—

  4. begins on the day after the day on which the pecuniary penalty was imposed under section 91 or 93 (as applicable); and
    1. ends on the day on which the breach is remedied.