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

163: Two or more civil penalty contraventions

You could also call this:

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

Illustration for Offshore Renewable Energy Bill

If you do something that breaks two or more rules in this proposed law, it can be considered as more than one contravention. You might face proceedings for more than one contravention because of the same conduct. The court can only make one order against you for the conduct, even if it relates to more than one contravention of the proposed law, including a contravention of section 157.

If the court decides you have broken the rules, they will consider all the contraventions together. You will only get one penalty order, but it will take into account all the rules you broke with your conduct. This means the penalty will be for all the contraventions, not each one separately.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992352.


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

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


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164: Relationship between pecuniary penalties and criminal liability, or

"Breaking the law can mean both a criminal charge and a fine for the same mistake."

Part 4Administration and enforcement
Enforcement: Pecuniary penalties

163Two or more civil penalty contraventions

  1. This section applies if the same, or substantially the same, conduct of a person constitutes a pecuniary penalty contravention against section 157 for a contravention of 2 or more provisions of this Act.

  2. Proceedings may be brought against the person in relation to 2 or more contraventions, but only 1 civil penalty order may be made against the person in relation to the conduct.