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

164: Relationship between pecuniary penalties and criminal liability

You could also call this:

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

Illustration for Offshore Renewable Energy Bill

If you do something wrong, you might face a criminal charge and have to pay a pecuniary penalty. You can be taken to court for a criminal charge even if you are also facing a pecuniary penalty for the same action. You can be charged with a crime and have to pay a penalty for the same thing you did. If you are found guilty of a crime for something you did, you won't have to go through a separate process for a pecuniary penalty under section 158 for the same thing.

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 It might be out of date or be missing some parts.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=LMS992353.

Previous

163: Two or more civil penalty contraventions, or

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

Next

165: Right of appeal to High Court on question of law, or

"You can ask the High Court to review a Minister's decision about your offshore energy permit if you think it's wrong in law."

Part 4Administration and enforcement
Enforcement: Pecuniary penalties

164Relationship between pecuniary penalties and criminal liability

  1. A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding for a pecuniary penalty order under section 157 has been commenced against the person in relation to the same conduct.

  2. A proceeding under section 158 against the person in relation to particular conduct is stayed if a criminal proceeding against the person for an offence in relation to the same conduct results in conviction.