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February 12, 2003
Strict civil liability and a
civil penalties regime included in changes
Government proposals for changes to legislation governing new
organisms (including genetically modified organisms) include
amendments to the HSNO Act to impose both a strict civil
liability and civil penalties regime in cases where an activity
breaches the law, Environment Minister Marian Hobbs said.
The strict civil liability amendments would cover cases where,
for example, the necessary Environmental Risk Management
Authority (ERMA) approvals had not been obtained or where
conditions imposed by ERMA as part of approval had deliberately
not been complied with. In these cases, persons who have been
harmed as a result of the breach would not have to prove
negligence to be awarded compensation.
"This is designed to encourage people to comply with the law,
and to improve the availability of compensation for anyone who
has suffered harm because someone else has broken the law," the
minister said.
Defences will be available for this strict civil liability rule
similar to those already contained in the Act.
The amendments to introduce a civil penalties regime would
enable the State to take a civil prosecution or impose a fine
for breaching the HSNO Act, whether or not the breach had
resulted in any harm to individuals, the environment or to
public safety. Similar to other legislation (such as the
Commerce Act) the maximum penalty levels will be large to act as
a deterrent to discourage non-compliance.
"The government is committed to a robust regulatory mechanism,
and part of this is having law that people comply with," Marian
Hobbs said. "These changes to the liability regime under the
HSNO Act are designed to secure compliance with that Act,
thereby protecting the health of New Zealanders and their
environment."
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