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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Pecuniary penalties

159: Reasonable mistake defence in pecuniary penalty proceedings

You could also call this:

"Defending yourself in court if you made an honest mistake"

Illustration for Offshore Renewable Energy Bill

If you are taken to court for a pecuniary penalty under section 158, you can defend yourself if you can prove a few things. You must show that you made a reasonable mistake or something happened that was outside of your control. You must also show that you fixed the problem as soon as you could after you found out about it. Additionally, you must have paid back or offered to pay back anyone who was hurt by what you did. You need to remember that making a mistake about what the law says is not considered a reasonable mistake. If you can prove these things, you may be able to defend yourself against a pecuniary 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=LMS992348.

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Part 4Administration and enforcement
Enforcement: Pecuniary penalties

159Reasonable mistake defence in pecuniary penalty proceedings

  1. It is a defence to a proceeding for a pecuniary penalty order under section 158, in connection with a contravention of this Act, if the person proves that—

  2. the contravention was due to a reasonable mistake or due to events outside of the person’s control; and
    1. the contravention was remedied (to the extent that it could be remedied) as soon as practicable after the contravention was discovered by the person or brought to the person’s notice; and
      1. the person has compensated or offered to compensate any person who has suffered loss or damage by that contravention.

        1. For the avoidance of doubt, a mistake does not include a mistake of law or a mistake in the interpretation of any enactment or of any document.