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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Offences

156: Offence for contravening enforceable undertaking

You could also call this:

"Breaking a promise to follow rules can lead to a big fine of up to $200,000."

Illustration for Offshore Renewable Energy Bill

If you break a rule called an enforceable undertaking, you might commit an offence. This rule is part of a proposed law change, and it says you must not contravene an enforceable undertaking, as stated in section 141. If you do break this rule without a good reason, you could get in trouble.

If you commit this offence, you could be fined up to $200,000 if you are found guilty. The court will decide if you are guilty and how much you should be fined.

You can be taken to court for breaking an enforceable undertaking within six months of it being broken, or when the chief executive finds out it has been broken, or when the chief executive agrees to stop the undertaking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992341.

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157: Pecuniary penalty contravention, or

"Breaking rules about offshore energy can lead to a financial penalty"

Part 4Administration and enforcement
Enforcement: Offences

156Offence for contravening enforceable undertaking

  1. A person commits an offence if, without reasonable excuse, they contravene, or permit the contravention of, section 141 (which relates to the requirement not to contravene an enforceable undertaking).

  2. A person who commits an offence against this section is liable on conviction to a fine not exceeding $200,000.

  3. If an enforceable undertaking has been given, criminal proceedings may be taken for an offence within 6 months after—

  4. the enforceable undertaking is contravened; or
    1. it comes to the notice of the chief executive that the undertaking has been contravened; or
      1. the chief executive agreed to the withdrawal of the undertaking.