Prosecution
Section 338 specifies offences against the RMA. Section 339 specifies the penalties.
The maximum penalties for contravention of sections 13(1)(d), 15(1)(a) to (d), contravention of an enforcement order and an abatement notice are imprisonment for two years, or a fine of $200,000, and, if the offence is a continuing one, to a further fine of $10,000 for each day the offence continues.
The two principal purposes of prosecution are to punish the offender and deter.
The standard of proof is the criminal standard which is 'beyond reasonable doubt'.
Whether a defence is available under section 340 and/or section 341 should be considered.
The standard of proof which is required of the defendant to establish the statutory defences provided in section 340 and section 341 is 'on the balance of probabilities'.
In criminal cases the burden of proof is on the prosecution to prove every essential ingredient of the offence.
An information 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.
Prosecution for contravention of sections 15(1)(a)-(d) and 13(1)(d)
A regional council can prosecute for unauthorised storage, dumping and disposal of end-of-life tyres if there is contravention of sections 15(1)(a) to (d) and 13(1)(d).
Prosecution for contravention of an abatement notice or an enforcement order
If a council issues an abatement notice to enforce the duty in section 17 RMA requiring a person to remove end-of-life tyres and/or to stop dumping further tyres at the site and the recipient fails to comply with the abatement notice, the council can prosecute for contravention of the abatement notice.
If the council obtains an enforcement order or an interim enforcement order to enforce the duty in section 17 RMA requiring a person to remove end-of-life tyres and/or to stop dumping further tyres at the site and the respondent fails to comply with the enforcement order, the council can prosecute for contravention of the enforcement order.
A regional council can prosecute for contravention of an abatement notice or an enforcement order issued for contravention of sections 15(1)(a) to (d) and 13(1)(d).
