Litter Amendment Act 2006
Litter Amendment Act 2006
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Litter Amendment Act 2006
Litter Amendment Act 2006
| Public Act | 2006 No 24 |
| Date of assent | 27 June 2006 |
Note
This Act is administered by the Department of Internal Affairs.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Litter Amendment Act 2006.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act amended
This Act amends the Litter Act 1979.
4 Interpretation
5 Territorial authority may require occupier of private land to clear litter
6 Territorial authorities may adopt infringement notice provisions
Section 13(4) is amended by omitting
“$100”
and substituting“$400”
.
7 New section 14A inserted
The, following section is inserted after section 14:
“14A Entitlement to infringement fees
A territorial authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by a Litter Control Officer appointed by the territorial authority.”
8 Deposit of litter in public place or on private land
-
(1) Section 15 is amended by repealing subsection (1) and substituting the following subsections:
-
“(1) Every person commits an offence and is liable, in the case of an individual, to a fine not exceeding $5,000 or, in the case of a body corporate, to a fine not exceeding $20,000, who deposits any litter or, having deposited any litter, leaves it—
“(a) in or on a public place; or
“(b) in or on private land without the consent of its occupier.
“(1A) Subsection (1) is subject to subsection (2).”
-
9 Wilful breaking of bottles or glass
Section 16 is amended by omitting
“$750”
and substituting“$7,500”
.
10 Offences in respect of Officers
11 New sections 19A and 19B inserted
The following sections are inserted after section 19:
“19A Strict liability for certain offences
-
“(1) In prosecuting an offence against a provision of this Act (other than an offence against section 16 or 17(1)(a)), the prosecution does not need to prove that the defendant intentionally committed the offence.
“(2) This section is for the avoidance of doubt.
“19B Defences to strict liability offences
-
“(1) It is a defence in any prosecution referred to in section 19A if the defendant proves—
-
“(a) that the act or omission of the defendant was due to an event—
“(i) beyond the defendant's control (including natural disaster, mechanical failure, and sabotage); and
“(ii) that could not reasonably have been foreseen or provided against by the defendant; or
-
“(b) that—
-
“(i) the act or omission of the defendant was taken or occurred in an emergency and was reasonably necessary for—
“(A) protecting the safety and welfare of a person; or
“(B) preventing serious damage to property; and
“(ii) after the emergency, the defendant took all reasonable steps to remove the litter or, as the case may be, comply with any notice or requirement in relation to the litter.
-
“(2) The defences set out in this section are the only defences available to a defendant.”
-
-
Legislative history | |
|---|---|
| 29 March 2006 | Introduction (Bill 32-1) |
| 5 April 2006 | First reading and referral to Local Government and Environment Committee |
| 12 June 2006 | Reported from Local Government and Environment Committee (Bill 32-2) |
| 15 June 2006 | Majority amendments not agreed, second reading (Bill 32-3) |
| 21 June 2006 | Divided from Local Government Law Reform Bill (Bill 32-3) as Bill 32-4B |
| 22 June 2006 | Third reading |
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Versions
Litter Amendment Act 2006
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