Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
339 Penalties

(1)

Every person who commits an offence against section 338(1), (1A), or (1B) is liable on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000:

(b)

in the case of a person other than a natural person, to a fine not exceeding $600,000.

(1A)

Every person who commits an offence against section 338(1), (1A), or (1B) is also liable on conviction, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues.

(2)

Every person who commits an offence against section 338(2) is liable on conviction to a fine not exceeding $10,000, and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

(3)

Every person who commits an offence against section 338(3) is liable on conviction to a fine not exceeding $1,500.

(4)

A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.

(5)

If a person is convicted of an offence against section 338, the court may, instead of or in addition to imposing a fine or a term of imprisonment, make 1 or more of the following orders:

(a)

the orders specified in section 314:

(b)

an order requiring a consent authority to serve notice, under section 128(2), of the review of a resource consent held by the person, but only if the offence involves an act or omission that contravenes the consent.

(6)

The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.

Section 339(1): replaced, on 1 October 2009, by section 139(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 339(1A): inserted, on 1 October 2009, by section 139(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 339(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 339(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 339(4): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 339(5): replaced, on 1 October 2009, by section 139(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).