Resource Management Act 1991

341A Liability and defences for dumping and storage of waste or other matter

It is a defence to prosecution for an offence of contravening or permitting a contravention of section 15A if the defendant proves that the act or omission which is alleged to constitute the offence—

(a)

was necessary—

(i)

to save or prevent danger to human life; or

(ii)

to avert a serious threat to any ship, aircraft, or offshore installation; or

(iii)

in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and

(b)

was a reasonable step to take in all the circumstances; and

(c)

was likely to result in less damage than would otherwise have occurred; and

(d)

was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised.

Section 341A: inserted, on 20 August 1998, by section 23 of the Resource Management Amendment Act 1994 (1994 No 105).