Resource Management Act 1991

342 Fines to be paid to local authority instituting prosecution

(1)

Subject to subsection (2), where a person is convicted of an offence under section 338 and the court imposes a fine, the court shall, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, order that the fine be paid to that local authority.

(2)

There shall be deducted from every amount payable to a local authority under subsection (1), a sum equal to 10% thereof, and this sum shall be credited to a Crown Bank Account.

(3)

Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a local authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money.

(4)

Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the local authority entitled to it under the order.

(5)

Nothing in section 73 of the Public Finance Act 1989 shall apply to any fine ordered to be paid to any local authority under subsection (1).

(6)

If the court orders the payment of a fine for an offence prosecuted by the EPA acting under section 343F(b),—

(a)

10% of the fine must be credited to a Crown Bank Account; and

(b)

the balance of the fine must be credited to the local authority that the EPA was assisting.

Section 342(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 342(2): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 342(6): inserted, on 1 July 2020, by section 94 of the Resource Management Amendment Act 2020 (2020 No 30).