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Section 2: Background

Purpose

To enable the Ministry for the Environment to monitor the performance of the RMA, in this case, the use, level and outcomes of prosecutions under the RMA for the period 1 July 2001 to 30 April 2005.

Timeframe

Subsection (4) of s338 of the RMA provides that a charge ('an information') for a prosecution may be laid up to six months from the time when the contravention first became known, or should have become known to the local authority.

Proceeds of fines

Where a local authority lays an information, if there is a conviction and the court imposes a fine, the fine, less a deduction of 10% which is credited to the Crown bank account, is paid to the local authority: s342(1) and s342(2) of the RMA. Under the Act the maximum fine for a prosecution is $200,000, and for a continuing offence an additional $10,000 per day.

Offences and penalties

Section 338 of the Act prescribes offences against the RMA. Section 339 of the Act prescribes the penalties. Table 1 details the provisions and penalties under which offences occur.

Table 1: Provisions and penalties under which offences occur

Section

Offence
Contravention of/permit a contravention of

Maximum penalty

338(1), (1A), (1B)

Sections 9 and 11-15 which impose duties and restrictions in relation to land, subdivision, coastal marine area, beds of rivers and lakes, water, discharge of contaminants.

Enforcement order.

Abatement notice (other than a notice for unreasonable noise).

Water shortage direction.

Sections 15A, 15B, 15C for discharges from ships and offshore installations.

Two years imprisonment
or
$200,000 fine
and
$10,000 further fine for a continuing offence [Section 339(6): The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.] per day/part of day during which the offence continues.

338(2)

Section 22, failure to provide name and address to enforcement officer.

Section 42, protection of sensitive information.

Excessive noise direction.

Abatement notice for unreasonable noise.

Any order (other than an enforcement order) made by the Environment Court.

$10,000 fine
and
$1,000 further fine for continuing offence per day/part of day during which the offence continues.

338(3)

Obstruction of person in the execution of powers under the Act.

Section 283 - non-attendance or refusal to co-operate with the Environment Court.

Any summons or order to give evidence pursuant to section 41.

Any provision specified in an instrument for creation of an esplanade strip or in an easement for access strip or entry of a strip which is closed.

$1,500.

338(1), (1A), (1B)
338(2)
338(3)

As above.

Section 339(4) provides that a sentence of community service may be imposed.

Section 339(5) provides that the Court instead of, or in addition to, imposing a fine or a term of imprisonment may make any or all of the orders specified in section 314 (enforcement orders).


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