New Zealand Legislation: Acts

23 Offences and penalties

• (1) Every person commits an offence against this Act who—

  • (a) acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act or any regulations made under it; or

  • (b) makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of this Act or of any regulations made under it; or

  • (c) refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of this Act or of any regulations under it.

  (2) Every person commits an offence against this Act who—

  • (a) except under the authority of any enactment, places or leaves any structure or trap or chemical or other substance in any place where a marine mammal is or is likely to be and which injures or harms, or is likely to injure or harm, any marine mammal:

  • (b) uses any vehicle, vessel, aircraft, or hovercraft to herd or harass any marine mammal.

  (3) Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on summary conviction before a District Court Judge, to a fine not exceeding—

  • (a) in the case of an offence against section 17 or subsection (2) of this section, $30,000; and

  • (b) in any other case, $10,000.

  Section 23(1)(b): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 23(1)(c): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 23(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 23(3)(a): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 23(3)(b): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).