Litter (Increased Infringement Fee) Amendment Bill

Litter (Increased Infringement Fee) Amendment Bill

Member’s Bill

41—2

As reported from the Environment Committee

Commentary

Recommendation

The Environment Committee has examined the Litter (Increased Infringement Fee) Amendment Bill and recommends that it be passed with the amendments shown.

Purpose of the bill

The Litter (Increased Infringement Fee) Amendment Bill is a Member’s bill in the name of Hon Scott Simpson. As introduced, it seeks to amend the Litter Act 1979 to increase the maximum fine for infringements from $400 to $1,000.

Proposed amendments

We recommend removing clause 4, as we understand that amendment bills should not have purpose clauses.

We also recommend various amendments to clause 5 and the insertion of new clause 6 to amend sections 13 and 14 of the Litter Act. The changes are purely to improve the clarity of the principal Act, and would not alter the legal effect of those sections.

Appendix

Committee process

The Litter (Increased Infringement Fee) Amendment Bill was referred to the committee on 2 May 2018. The closing date for submissions was 14 June 2018. We received and considered 13 submissions from interested groups and individuals. We heard oral evidence from 3 submitters at a hearing in Wellington on 26 July 2018.

We received advice from the Ministry for the Environment.

Committee membership

Dr Deborah Russell (Chairperson)

Hon Clare Curran

Sarah Dowie

Jenny Marcroft

Todd Muller

Hon Scott Simpson

Erica Stanford

Chlöe Swarbrick

Angie Warren-Clark

Key to symbols used

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Hon Scott Simpson

Litter (Increased Infringement Fee) Amendment Bill

Member’s Bill

41—2

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Litter (Increased Infringement Fee) Amendment Act 2018.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Litter Act 1979 (the principal Act).

4 Purpose

The purpose of this Act is to increase the maximum infringement fee for offences from $400 to $1,000.

5 Section 13 amended (Territorial authorities may adopt infringement notice provisions)

In section 13(4), replace $400 with $1,000.

(1)

Replace section 13(1) to (3) with:

(1)

A territorial authority may, by resolution, adopt section 14 to apply in respect of an infringement offence committed within its district.

(2)

A territorial authority must not pass a resolution unless the authority

(a)

has appointed an Officer under section 5; and

(b)

has given at least 14 days’ public notice of its intention to pass the resolution.

(3)

A resolution must state

(a)

the infringement offence or offences in respect of which section 14 will apply; and

(b)

the infringement fee payable in respect of each offence, which must not exceed $1,000.

(2)

Repeal section 13(4) and (6).

6 Section 14 amended (Infringement notices)

(1)

Replace section 14(1) with:

(1)

This section applies if

(a)

an infringement officer has reasonable cause to believe that a person is committing, or has committed, an infringement offence within a district where the territorial authority has passed a resolution under section 13; and

(b)

the resolution states that this section applies in respect of the infringement offence.

(1A)

The infringement officer may issue an infringement notice to the person in respect of the infringement offence.

(2)

In section 14(3), replace shall be with is.

(3)

In section 14(4), replace shall with must in each place.

(4)

In section 14(8), replace shall with must.

(5)

After section 14(9), insert:

(10)

In this section, infringement officer

(a)

means a Litter Control Officer; but

(b)

does not include

(i)

a Warden; or

(ii)

a person deemed to be a Litter Control Officer under section 6(1)(c), (d), (f), (h), or (i).

Legislative history

22 March 2018

Introduction (Bill 41–1)

2 May 2018

First reading and referral to Environment Committee