Resource Management (Infringement Offences) Amendment Regulations 2003

2003/385

Resource Management (Infringement Offences) Amendment Regulations 2003


Note

These regulations are administered in the Ministry for the Environment.


Pursuant to section 360(1)(ba) and (bb) of the Resource Management Act 1991, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Schedule 1 amended
  • Schedule 1 of the principal regulations is amended by inserting, after the item relating to section 338(1)(d), the following items:

    Offences specified as infringement offenceGeneral description of offenceInfringement fee for offence
      $
    Section 338(1A)Contravention of section 15A(1)(a) (dumping of waste or other matter from any ship, air craft, or offshore installation)500
    Section 338(1B)Contravention of section 15B(1) and (2) (discharge in the coastal marine area of harmful substances, contaminants, or water from a ship or offshore installation)500
4 Schedule 2 amended
  • (1) Schedule 2 of the principal regulations is amended by adding to paragraph 8(3)(a)(ii) of the form of infringement notice the expression ; OR, and by adding to that subsubparagraph the following subsubsubparagraph:

    • (iii) you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.

    (2) Schedule 2 of the principal regulations is amended by adding to paragraph 8(3)(b)(ii) of the form of infringement notice the expression ; OR, and by adding to that subsubparagraph the following subsubsubparagraph:

    • (iii) you took all reasonable steps to prevent the commission of the offence.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Resource Management (Infringement Offences) Regulations 1999.

The amendments—

  • add to the list of infringement offences contravention of section 15A(1)(a) (dumping of waste or other matter from any ship, aircraft, or offshore installation) and section 15B(1) and (2) (discharge in the coastal marine area of harmful substances, contaminants, or water from a ship or offshore installation):

  • add references in the form of infringement notice to defences in the Resource Management Act 1991 for natural persons (taking all reasonable steps to remedy any effects of the act or omission giving rise to the offence) and bodies corporate (taking all reasonable steps to prevent the commission of the offence).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 December 2003.


  • 1 SR 1999/359