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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Pecuniary penalties

157: Pecuniary penalty contravention

You could also call this:

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

Illustration for Offshore Renewable Energy Bill

If you break certain rules, you might commit something called a pecuniary penalty contravention. You do this if you fail to decommission infrastructure as required by subpart 2 of Part 3, or if you cannot meet your decommissioning obligation on time as required by section 74. You also commit a pecuniary penalty contravention if you fail to put in place or maintain an acceptable security arrangement as required by subpart 3 of Part 3, or if you break section 79.

If you actually break one of these rules, or if you help someone else break them, you commit a pecuniary penalty contravention. You can also commit a pecuniary penalty contravention if you try to get someone else to break the rules, or if you try to break the rules yourself.

You are involved in a pecuniary penalty contravention if you aid, abet, counsel, or procure someone to break the rules, or if you induce someone to break the rules by making threats or promises, or if you conspire with others to break the rules, as outlined in section 70 or section 71.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992344.


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Part 4Administration and enforcement
Enforcement: Pecuniary penalties

157Pecuniary penalty contravention

  1. A person commits a pecuniary penalty contravention if they do any of the following:

  2. contravene, or permit a contravention of, section 70 or 71 by failing to carry out or meet the costs of (or both) the decommissioning of any infrastructure as required by subpart 2 of Part 3:
    1. act, fail to act, or engage in a course of conduct that results in the person not being able to meet all or part of their decommissioning obligation by the time the person is required to do so under section 74:
      1. contravene, or permit a contravention of, section 79 by failing to put in place, or maintain (or both), an acceptable security arrangement as required by subpart 3 of Part 3.
        1. A person commits a pecuniary penalty contravention against this section if the person—

        2. actually commits a contravention set out in subsection (1); or
          1. is involved in the contravention by—
            1. aiding, abetting, counselling, or procuring the contravention; or
              1. inducing (by threats, promises, or otherwise) a person to commit the contravention; or
                1. conspiring with others to commit the contravention; or
                2. attempts to actually commit or attempts to induce another person to actually commit the contravention; or
                  1. has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person.