Offences

54 Strict liability offences

(1)

Every person commits an offence who, without lawful authority under this Act (for example, under section 55(2)) or under any other enactment,—

(a)

takes any plant (other than a noxious weed) growing on or adjacent to a walkway; or

(b)

has in his or her possession a firearm while on a walkway; or

(c)

discharges a firearm on, adjacent to, or across a walkway; or

(d)

brings a horse or dog onto, or has control of a horse or dog on, a walkway; or

(e)

sets a net, trap, or snare, or places poison or explosives, on or adjacent to a walkway (except a net or trap set for the purposes of fishing in a water body or lake adjacent to a walkway); or

(f)

lights a fire on a walkway (other than in a fireplace provided by the controlling authority responsible for the walkway); or

(g)

having lit a fire on a walkway in a fireplace provided by the controlling authority, fails to extinguish the fire before leaving the walkway; or

(h)

uses a vehicle on a walkway; or

(i)

erects a structure on or over a walkway.

(2)

The onus is on the defendant to prove that at the time of the alleged offence an activity is authorised.

(3)

In prosecuting an offence against subsection (1), the prosecution does not need to prove that the defendant—

(a)

intentionally or recklessly committed the offence; or

(b)

knew that the offence occurred on or in relation to a walkway.

(4)

In this section,—

dog does not include a disability assist dog within the meaning of section 2 of the Dog Control Act 1996

noxious weed means any plant specified as a pest in a pest management plan made under Part 5 of the Biosecurity Act 1993

plant

(a)

means any member of the plant kingdom and any part of or seed or spore from any plant; and

(b)

includes any algae, bacteria, or fungi

take, in relation to all or part of a plant, includes cut, damage, destroy, disturb, remove, transplant, uplift, and uproot,—

(a)

by any means; and

(b)

whether or not the plant or part of it is removed from, or subsequently returned alive or dead to, the land on which it grew.

Section 54(4) noxious weed: amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).