Miscellaneous provisions

56B Offences for actions or omissions likely to cause serious harm or significant property damage

(1)

Every person commits an offence if—

(a)

the person takes an action knowing that the action is reasonably likely to cause serious harm to any person or significant property damage; and

(b)

the action is contrary to a provision of this Act; and

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

(2)

Every person commits an offence if—

(a)

the person fails to take an action knowing that the failure to take the action is reasonably likely to cause serious harm to any person or significant property damage; and

(b)

the person is required by this Act to take the action; and

(c)

the person fails to prevent, so far as is reasonably practicable, the serious harm or significant property damage.

(3)

Every person who commits an offence under this section is liable on conviction to—

(a)

imprisonment for a term of not more than 2 years; or

(b)

a fine of not more than $100,000 in the case of an individual, or $500,000 in the case of a body corporate; or

(c)

both.

(4)

A person charged with an offence under this section may be convicted of an offence under any other section in this Act as if the person had been charged under that section.

(5)

To avoid doubt, a person required by this section to prevent, so far as is reasonably practicable, serious harm or significant property damage is required to take action only in respect of circumstances that the person knows, or ought reasonably to know, about.

(6)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a charging document may be filed at any time in respect of an offence under this section.

Compare: 1992 No 96 s 49

Section 56B: inserted, on 4 May 2010, by section 15 of the Gas Amendment Act 2006 (2006 No 71).

Section 56B(1)(c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 56B(2)(c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 56B(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 56B(5): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 56B(6): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).