341 Strict liability and defences

(1)

In any prosecution for an offence of contravening or permitting a contravention of any of sections 9, 11, 12, 13, 14, and 15, it is not necessary to prove that the defendant intended to commit the offence.

(2)

Subject to subsection (3), it is a defence to prosecution of the kind referred to in subsection (1), if the defendant proves—

(a)

that—

(i)

the action or event to which the prosecution 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)

the conduct of the defendant was reasonable in the circumstances; and

(iii)

the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or

(b)

that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case

(i)

the action or event could not reasonably have been foreseen or been provided against by the defendant; and

(ii)

the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

(3)

Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—

(a)

stating that he or she intends to rely on subsection (2); and

(b)

specifying the facts that support his or her reliance on subsection (2).

Section 341(2)(b): amended, on 7 July 1993, by section 156 of the Resource Management Amendment Act 1993 (1993 No 65).