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RMA A Study into the use of Prosecutions under the Resource Management Act 1991 Online version
Section 2: Introduction
Purpose
The Ministry for the Environment commissioned this report to monitor prosecutions under the RMA. The report provides an analysis of the use, level and outcomes of prosecutions under the RMA for the period 1 May 2005 to 30 June 2008.
Scope of report
This report analyses 260 of the prosecutions undertaken during the period 1 May 2005 to 30 June 2008 (ie, cases that were heard and finalised during this period). Some of these prosecutions arose from one incident but resulted in sentences being imposed against a number of different defendants.
The report also compares the analysis of prosecutions undertaken between 1 May 2005 to 30 June 2008 with analysis of prosecutions undertaken between 1 July 2001 and 30 April 20053 and 1 October 1991 and 30 June 2001.4
The report analyses the prosecutions in terms of:
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sectors and general activities
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individual local authority prosecution rates
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the outcomes of prosecutions including the number of unsuccessful prosecutions
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fine level in relation to financial position of defendants
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culpability of defendants (ie, the deliberateness of the offence)
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the use of sentencing options
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the average cost of fines
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awarding of costs
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appeals on sentences.
A number of factors influence sentencing levels. Some of these factors are considered in this report.
Offences and penalties
The 260 prosecutions analysed are all prosecutions for offences where the maximum penalty is a fine of $200,000 or two years imprisonment. Prosecutions that have lower penalties have not been included as the inclusion of these could distort the main picture of prosecution activity.
Sections 338 and 339 of the RMA prescribe offences and penalties under the RMA. A more detailed description is provided in Table 7 below.
Table 7: Provisions and penalties for offences
| Section |
Offence Contravention of / permit a contravention of |
Maximum penalty (section 339) |
|---|---|---|
| 338(1), 338(1A) 338(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. Any enforcement order. Any abatement notice (other than a notice for unreasonable noise). Any 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 offence5 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. Any excessive noise direction.Any 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 s 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 fine |
| 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 s 314 (enforcement orders). |
Subsection (4) of section 338 of the RMA provides that 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. Subsection (1) and (2) of section 342 provides that where a local authority lays 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.
3 Ministry for the Environment. 2006. A Study into the use of Prosecutions under the Resource Management Act 1991 (1 July 2001–30 June 2005). Wellington: Ministry for the Environment.
4 Ministry for the Environment. 2002. A Study into the use of Prosecutions under the Resource Management Act 1991. Wellington: Ministry for the Environment.
5 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.
