Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Pecuniary penalties

161: Considerations for court in determining amount of pecuniary penalty

You could also call this:

"How a court decides the penalty amount when someone breaks the law"

Illustration for Offshore Renewable Energy Bill

When a court is deciding how much money someone must pay as a penalty, you need to think about all the important details. The court will look at what happened and how bad it was. They will also consider if someone was hurt or lost something because of what happened.

The court will think about if the person who did something wrong got any benefits or avoided any problems. They will look at what was happening when the person did something wrong, like if it was on purpose or an accident. This will help the court decide how much money the person should pay as a penalty.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992350.

Previous

160: Maximum pecuniary penalty, or

"Biggest fine you can get for breaking offshore energy rules"

Next

162: Rules of civil procedure and civil standard of proof apply, or

"Courts follow usual civil case rules when deciding offshore renewable energy cases"

Part 4Administration and enforcement
Enforcement: Pecuniary penalties

161Considerations for court in determining amount of pecuniary penalty

  1. In determining an appropriate pecuniary penalty, the court must take into account all relevant matters, including the following:

  2. the nature and extent of the contravention:
    1. the nature and extent of any loss or damage suffered by any person because of the contravention:
      1. any gains made or losses avoided by the person in contravention:
        1. the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence).