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

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

You could also call this:

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

Illustration for Offshore Renewable Energy Bill

If a court case happens under this proposed law about offshore renewable energy, it will be a civil case. You will follow the usual rules that courts use for civil cases, including the rules of evidence. The court will also use the standard of proof that is normally used in civil cases.

When the court is making a decision about a pecuniary penalty, the chief executive can ask the court for an order to get more information from the other side. This can include getting documents or asking questions that the other side must answer. The chief executive can do this to help build their case in court.

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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=LMS992351.


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161: Considerations for court in determining amount of pecuniary penalty, or

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


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163: Two or more civil penalty contraventions, or

"Breaking multiple rules at once can lead to one penalty that covers all the broken rules."

Part 4Administration and enforcement
Enforcement: Pecuniary penalties

162Rules of civil procedure and civil standard of proof apply

  1. A proceeding under this subpart for a pecuniary penalty order is a civil proceeding and—

  2. the rules of court and rules of evidence and procedure for civil proceedings apply; and
    1. the standard of proof is the standard of proof that applies in civil proceedings; and
      1. the chief executive may, by order of the court, obtain discovery and administer interrogatories.