New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 10 October 2006
(SR 1999/359)
Michael Hardie Boys, Governor-General
At Wellington this 11th day of October 1999
Present:
The Right Hon Jenny Shipley presiding in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry for the Environment.
Pursuant to section 360(1)(ba) and (bb) of the Resource Management Act 1991, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
(1) These regulations may be cited as the Resource Management (Infringement Offences) Regulations 1999.
(2) These regulations come into force on 1 February 2000.
Those offences under the Resource Management Act 1991 listed in Schedule 1 are infringement offences for the purposes of sections 343A to 343D of that Act.
The fee specified in Schedule 1 for each offence is the infringement fee for that offence.
Every infringement notice issued under section 343C(3) of the Resource Management Act 1991 must be in the form set out in Schedule 2.
Regulation 4: amended, on 10 October 2006, by regulation 4 of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Every infringement offence reminder notice issued under section 343C(4) of the Resource Management Act 1991 must be in the form set out in Schedule 3.
Regulation 5: added, on 10 October 2006, by regulation 5 of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 1 |
| Offence specified as infringement offence | General description of offence | Infringement fee for offence ($) | ||
|---|---|---|---|---|
| Section 338(1)(a) | Contravention of section 9 (restrictions on use of land) | 300 | ||
| Contravention of section 12 (restrictions on use of coastal marine area) | 500 | |||
| Contravention of section 13 (restriction on certain uses of beds of lakes and rivers) | 500 | |||
| Contravention of section 14 (restrictions relating to water) | 500 | |||
| Contravention of section 15(1)(a) and (b) (discharge of contaminants or water into water or onto or into land where contaminant is likely to enter water) | 750 | |||
| Contravention of section 15(1)(c) and (d) (discharge of contaminants into environment from industrial or trade premises) | 1,000 | |||
| Contravention of section 15(2) (discharge of contaminant into air or onto or into land) | 300 | |||
| Section 338(1)(c) | Contravention of an abatement notice (other than a notice under section 322(1)(c)) | 750 | ||
| Section 338(1)(d) | Contravention of a water shortage direction under section 329 | 500 | ||
| Section 338(1A) | Contravention of section 15A(1)(a) (dumping of waste or other matter from any ship, aircraft, or offshore installation) | 500 | ||
| Section 338(1B) | Contravention of section 15B(1) and (2) (discharge in the coastal marine area of harmful substances, contaminants, or water from a ship or offshore installation) | 500 | ||
| Section 338(2)(a) | Contravention of section 22 (failure to provide certain information to an enforcement officer) | 300 | ||
| Section 338(2)(c) | Contravention of an excessive noise direction under section 327 | 500 | ||
| Section 338(2)(d) | Contravention of an abatement notice for unreasonable noise under section 322(1)(c) | 750 |
Schedule 1: amended, on 15 January 2004, by regulation 3 of the Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385).
Schedule 2 |
Infringement notice | Notice No ....... |
| (Issued under the authority of section 343C(3) of the Resource Management Act 1991) | |
Enforcement authority: [specify enforcement authority and its contact details]
Enforcement officer identification: ...................................................................
To [full name], [full address], [other identifying details, if known; for example, date of birth]
You are alleged to have committed an infringement offence against the Resource Management Act 1991, as follows:
Section of Resource Management Act 1991 contravened: ...................................................................
Nature of infringement:
...................................................................
...................................................................
...................................................................
Location: ...................................................................
Date: ...........................
Approximate time: ...........................
The infringement fee is payable to the enforcement authority within 28 days after [date notice is delivered personally or posted]
The infringement fee is payable to the enforcement authority at [address at which fee may be paid]
The contact details of the enforcement authority are as follows:
...................................................................
Payments by cheque should be crossed “Not Transferable”
.
........................................
Signature of enforcement officer
| Important |
| Please read summary of rights printed overleaf |
Note: If, after reading this summary, you do not understand anything in it, you should consult a lawyer immediately.
| Payment | ||||
| 1 | If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you in respect of this infringement offence. Payments should be made to the enforcement authority at the address shown on the front of this notice. Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time to pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 3 and 4 below do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement. | |||
| Further action | ||||
| 2 | If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing to the enforcement authority at the address shown on the front of this notice within 28 days after the service of this notice. | |||
| 3 | If you deny liability and wish to request a hearing in the District Court in respect of the alleged offence, you must, within 28 days after the service of this notice, write to the enforcement authority at the address shown on the front page of this notice requesting a court hearing in respect of the offence. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court. Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty. | |||
| 4 | If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or otherwise, you must, within 28 days after the service of this notice, write to the enforcement authority at the address shown on the front page of this notice requesting a hearing in respect of the offence and in the same letter admit liability in respect of the offence and set out the submissions that you would wish to be considered by the court. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. There is no provision for an oral hearing before the court if you follow this course of action. Note: Costs will be imposed in addition to any penalty. | |||
| Non-payment of fee | ||||
| 5 | If you do not pay the infringement fee and do not request a hearing within 28 days after the issue of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise). | |||
| 6 | If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you). | |||
| Defence | ||||
| 7 | You will have a complete defence against proceedings relating to the alleged offence if the infringement fee is paid to the enforcement authority at the address shown on the front page of this notice within 28 days after the date of service of this notice on you. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence. | |||
| 8 | (1) | This paragraph describes a defence additional to the one described in paragraph 7. This defence is available if you are charged with an infringement offence against any of sections 9, 11, 12, 13, 14, and 15 of the Resource Management Act 1991. | ||
| (2) | You must prove either of the following to have the defence: | |||
| (a) | that— | |||
| (i) | the action or event to which the infringement notice relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and | |||
| (ii) | your conduct was reasonable in the circumstances; and | |||
| (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred; or | |||
| (b) | that— | |||
| (i) | the action or event to which the infringement notice relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and | |||
| (ii) | you could not reasonably have foreseen or provided against the action or event; and | |||
| (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred. | |||
| (3) | Subparagraph (2) does not apply unless— | |||
| (a) | you deliver a written notice to the enforcement agency; and | |||
| (b) | in the notice, you— | |||
| (i) | state that you intend to rely on subparagraph (2)(a) or (b); and | |||
| (ii) | specify the facts that support your reliance on subparagraph (2)(a) or (b); and | |||
| (c) | you deliver the notice— | |||
| (i) | within 7 days after you receive the infringement notice; or | |||
| (ii) | within a longer period allowed by a District Court. | |||
| (4) | If you do not comply with subparagraph (3), you may ask the District Court to give you leave to rely on subparagraph (2)(a) or (b). | |||
| 8A | (1) | This paragraph describes a defence additional to those described in paragraphs 7 and 8. This defence is available if— | ||
| (a) | you are— | |||
| (i) | a principal; or | |||
| (ii) | an employer; or | |||
| (iii) | the owner of a ship; and | |||
| (b) | you may be liable for an offence alleged to have been committed by— | |||
| (i) | your agent; or | |||
| (ii) | your employee; or | |||
| (iii) | the person in charge of your ship. | |||
| (2) | If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence: | |||
| (a) | that you— | |||
| (i) | did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and | |||
| (ii) | took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or | |||
| (b) | that you took all reasonable steps to— | |||
| (i) | prevent the commission of the offence; and | |||
| (ii) | remedy any effects of the act or omission giving rise to the offence. | |||
| (3) | If you are a body corporate, you must prove either of the following to have the defence: | |||
| (a) | that— | |||
| (i) | neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and | |||
| (ii) | you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or | |||
| (b) | that you took all reasonable steps to— | |||
| (i) | prevent the commission of the offence; and | |||
| (ii) | remedy any effects of the act or omission giving rise to the offence. | |||
| Queries/correspondence | ||||
| 9 | When writing or making payment of an infringement fee, please indicate— | |||
| (a) | the date of the infringement offence; and | |||
| (b) | the infringement notice number; and | |||
| (c) | the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all the infringement fees for all the alleged offences); and | |||
| (d) | Your full address for replies (if you are not paying all the infringement fees for all the alleged offences). | |||
Full details of your rights and obligations are set out in sections 340 to 343D of the Resource Management Act 1991 and section 21 of the Summary Proceedings Act 1957.
Note: All payments, all queries, and all correspondence regarding this infringement must be directed to the enforcement authority at the address shown.
Schedule 2: amended, on 10 October 2006, by regulation 6(a) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 10 October 2006, by regulation 6(b) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 10 October 2006, by regulation 6(c) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 1 June 2006, by regulation 3(1) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(2) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(3) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(4) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(5) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(6) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 3 |
Schedule 3: added, on 10 October 2006, by regulation 7 of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Notice No: ...................................................................
Enforcement authority: [specify enforcement authority and its contact details]
Enforcement officer identification: ...................................................................
To [full name], [full address], [other identifying details, if known; for example, date of birth]
You are alleged to have committed an infringement offence against the Resource Management Act 1991, as follows:
Section of Resource Management Act 1991 contravened: ...................................................................
Nature of infringement:
...................................................................
...................................................................
...................................................................
Location: ...................................................................
Date: ...........................
Approximate time: ...........................
The fee for this infringement is: $ ....................
The infringement fee was payable to the enforcement authority within 28 days after [date infringement notice was delivered personally or posted]
The infringement fee remains payable to the enforcement authority at [full address at which fee may be paid]
The contact details of the enforcement authority are as follows:
...................................................................
Payments by cheque should be crossed “Not Transferable”.
........................................
Signature of enforcement officer
(To be provided for filing in court)
Infringement notice served by [method of service] on [date of service] Reminder notice served by [method of service] at [full address of service] on [date of service]
Please read the summary of rights printed on the next page.
Note: Please read this summary. If you do not understand it, you should consult your lawyer immediately.
| 1 | You have not paid the infringement fee described on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice. | |||
| 2 | You will become liable to pay costs in addition to the infringement fee if— | |||
| (a) | you do not pay the infringement fee; and | |||
| (b) | you do not ask for a hearing within 28 days after being served with this reminder notice; and | |||
| (c) | the enforcement authority decides to bring court proceedings against you. | |||
| 3 | (1) | This defence is available if you are charged with an infringement offence against any of sections 9, 11, 12, 13, 14, and 15 of the Resource Management Act 1991. | ||
| (2) | You must prove either of the following to have the defence: | |||
| (a) | that— | |||
| (i) | the action or event to which the infringement notice relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and | |||
| (ii) | your conduct was reasonable in the circumstances; and | |||
| (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred; or | |||
| (b) | that— | |||
| (i) | the action or event to which the infringement notice relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and | |||
| (ii) | you could not reasonably have foreseen or provided against the action or event; and | |||
| (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred. | |||
| (3) | Subparagraph (2) does not apply unless— | |||
| (a) | you deliver a written notice to the enforcement agency; and | |||
| (b) | in the notice, you— | |||
| (i) | state that you intend to rely on subparagraph (2)(a) or (b); and | |||
| (ii) | specify the facts that support your reliance on subparagraph (2)(a) or (b); and | |||
| (c) | you deliver the notice— | |||
| (i) | within 7 days after you receive the infringement notice; or | |||
| (ii) | within a longer period allowed by a District Court. | |||
| (4) | If you do not comply with subparagraph (3), you may ask the District Court to give you leave to rely on subparagraph (2)(a) or (b). | |||
| 4 | (1) | This paragraph describes a defence additional to the one described in paragraph 3. This defence is available if— | ||
| (a) | you are— | |||
| (i) | a principal; or | |||
| (ii) | an employer; or | |||
| (iii) | the owner of a ship; and | |||
| (b) | you may be liable for an offence alleged to have been committed by— | |||
| (i) | your agent; or | |||
| (ii) | your employee; or | |||
| (iii) | the person in charge of your ship. | |||
| (2) | If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence: | |||
| (a) | that you— | |||
| (i) | did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and | |||
| (ii) | took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or | |||
| (b) | that you took all reasonable steps to— | |||
| (i) | prevent the commission of the offence; and | |||
| (ii) | remedy any effects of the act or omission giving rise to the offence. | |||
| (3) | If you are a body corporate, you must prove either of the following to have the defence: | |||
| (a) | that— | |||
| (i) | neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and | |||
| (ii) | you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or | |||
| (b) | that you took all reasonable steps to— | |||
| (i) | prevent the commission of the offence; and | |||
| (ii) | remedy any effects of the act or omission giving rise to the offence. | |||
| 5 | If you pay all the infringement fees for all the alleged offences described in the infringement notice in a lump sum, please provide a note of— | |||
| (a) | the infringement notice number; and | |||
| (b) | the date of each infringement offence; and | |||
| (c) | the identifying number of each offence. | |||
| 6 | If you do not pay all the infringement fees for all the alleged offences described in the infringement notice in a lump sum, please provide a note of— | |||
| (a) | the offences you are paying fees for; and | |||
| (b) | the offences you are not paying fees for; and | |||
| (c) | what you are doing about the offences you are not paying fees for; and | |||
| (d) | your full address for replies. | |||
Full details of your rights and obligations are set out in sections 340 to 343D of the Resource Management Act 1991 and section 21 of the Summary Proceedings Act 1957.
Note: All payments, all queries, and all correspondence about this infringement must be directed to the enforcement authority at the address shown.
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 14 October 1999.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Resource Management (Infringement Offences) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 10 October 2006, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).