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—


was necessary—


to save or prevent danger to human life; or


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


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


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


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


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).