Section 339 — Resource Management Act 1991: Penalties

339 Penalties (1) Every person who commits an offence against section 338(1) or (1A) or (1B) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000, and, if the offence is a continuing one, to a further 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 summary 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 summary 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) Where 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 any or all of the orders specified in section 314 . (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. Subsection (1) was amended, as from 17 December 1997, by section 56 Resource Management Amendment Act 1997 (1997 No 104) by omitting the word “ summary ” . See section 78 of that Act as to the transitional provisions. Subsection (1) was amended, as from 20 August 1998, by section 20 Resource Management Amendment Act 1994 (1994 No 105) by inserting the expression “ or (1A) or (1B) ” . See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209). Subsection (4) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).