Local Government (Auckland Transitional Provisions) Bill

  • enacted
74A Offences for breach of Auckland Regional Council Trade Waste Bylaw 1991

  • (1) Every person who breaches section 5 of the Auckland Regional Council Trade Wastes Waste Bylaw 1991 (as continued by section 74(3) of this Act) commits an offence and is liable on summary conviction to a fine not exceeding $200,000.

    (2) Despite the Summary Proceedings Act 1957, Watercare Services Limited may lay an information for an offence against subsection (1) at any time within 6 months after the time when the matter giving rise to the information first became known, or should have become known, to Watercare Services Limited.

    (3) It is a defence to an offence under subsection (1) if the court is satisfied—

    • (a) that—

      • (i) the act giving rise to the offence was necessary to save or protect life or health or prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and

      • (ii) the conduct of the defendant was reasonable in the circumstances; and

      • (iii) the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or

    • (b) the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant, and, in each case,—

      • (i) the action or event could not reasonably have been foreseen or prevented by the defendant; and

      • (ii) the effects of the act or omission of the defendant were adequately remedied or mitigated by the defendant after the offence occurred.

    (4) A District Court may, on the application of Watercare Services Limited, grant an injunction restraining a person from committing a breach of the Auckland Regional Council Trade Wastes Waste Bylaw 1991.

    (5) An injunction may be granted under subsection (4)—

    • (a) despite anything in any other enactment:

    • (b) whether or not proceedings in relation to the breach have been commenced:

    • (c) if a person is convicted of the breach,—

      • (i) in substitution for, or in addition to, any other penalty; or

      • (ii) in subsequent proceedings.