New Zealand Legislation: Regulations
Regulations are laws made under Acts
(SR 1999/359)
These regulations are administered in 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 was amended, as from 10 October 2006, by regulation 4 Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267) by substituting the expression “343C(3)”
for the expression “343C”
.
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 was inserted, as from 10 October 2006, by regulation 5 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, air craft, 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 |
The items relating to section 338(1A) and 338(1B) were inserted, as from 15 January 2004, by regulation 3 Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385).
Schedule 2 | Reg 4 |
| [Front] |
INFRINGEMENT NOTICE NOTICE NUMBER ENFORCEMENT AUTHORITY ENFORCEMENT OFFICER IDENTIFICATION (Issued under the authority of section 343C of the Resource Management Act 1991) [Specify enforcement authority]... TO: [Full Name] of [Address] You are alleged to have committed an infringement offence against the Resource Management Act 1991, as follows: Details of Alleged Infringement Offence Section of Resource Management Act 1991 contravened: ... Nature of infringement: ... ... ... ... Location: ... Date: ... Approximate time: ... THE FEE FOR THIS INFRINGEMENT IS $ ... Payment of Infringement Fee 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] 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.
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.
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.
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).
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—
(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.
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.
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 was amended, as from 1 June 2006, by regulation 3(1) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100) by adding the words “and its contact details”
after the words “Specify enforcement authority”
.
Schedule 2 was amended, as from 1 June 2006, by regulation 3(2) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100) by substituting the words “To [full name], [address], [other identifying details, if known; for example, date of birth]”
for all the words from “TO:”
to “[Address]”
.
Schedule 2 was amended, as from 10 October 2006, by regulation 6(a) Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267) by substituting the expression “section 343C(3)”
for the expression “section 343C”
.
Schedule 2 was amended, as from 10 October 2006, by regulation 6(b) Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267) by substituting the words “[full address]”
for the expression “[address]”
.
Schedule 2 was amended, as from 1 June 2006, by regulation 3(3) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100) by inserting the words “The contact details of the enforcement authority are as follows: .......................................”
below the words “[Address at which fee may be paid]”
.
Schedule 2 was amended, as from 1 June 2006, by regulation 3(4) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100) by revoking the Note above paragraph 8.
Paragraph 8(3)(a)(ii) was amended, as from 15 January 2004, by regulation 4(1) Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385) by adding the expression “; OR”
.
Paragraph 8(3)(a)(iii) was inserted, as from 15 January 2004, by regulation 4(1) Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385).
Paragraph 8(3)(b)(ii) was amended, as from 15 January 2004, by regulation 4(2) Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385) by adding the expression “; OR”
.
Paragraph 8(3)(b)(iii) was inserted, as from 15 January 2004, by regulation 4(2) Resource Management (Infringement Offences) Amendment Regulations 2003 (SR 2003/385).
Paragraph 8 was substituted, as from 1 June 2006, by regulation 3(5) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Paragraph 8A was inserted, as from 1 June 2006, by regulation 3(5) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Paragraph 9(d) was amended, as from 10 October 2006, by regulation 6(c) Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267) by substituting the words “full address”
for the word “address”
.
Schedule 2 was amended, as from 1 June 2006, by regulation 3(6) Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100) by substituting the expression “SECTIONS 340”
for the expression “SECTIONS 341”
.
MARIE SHROFF,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 February 2000, provide for infringement offences, infringement fees, and infringement notices in respect of certain environmental offences.
Date of notification in Gazette: 14 October 1999.
