sec.200Recovery of costs of avoiding or minimising adverse effects

### sec.200 Recovery of costs of avoiding or minimising adverse effects This section applies— if in a proceeding for an offence against this Act— the court finds the defendant caused a situation that resulted, or could have resulted, in either of the following being adversely affected by committing the offence— the health or safety of any person; the environment; and the chief executive applies to the court for an order against the defendant for the payment of the costs the chief executive has incurred in taking action to avoid or minimise the adverse effect; and the court finds the chief executive has reasonably incurred the costs; and whether or not the defendant has been convicted of the offence. The court may order the defendant to pay the chief executive an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case. This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. s 200 amd 2010 No. 8 s 49 (sec.200-ssec.1) This section applies— if in a proceeding for an offence against this Act— the court finds the defendant caused a situation that resulted, or could have resulted, in either of the following being adversely affected by committing the offence— the health or safety of any person; the environment; and the chief executive applies to the court for an order against the defendant for the payment of the costs the chief executive has incurred in taking action to avoid or minimise the adverse effect; and the court finds the chief executive has reasonably incurred the costs; and whether or not the defendant has been convicted of the offence. (sec.200-ssec.2) The court may order the defendant to pay the chief executive an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case. (sec.200-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. - (a) if in a proceeding for an offence against this Act— (i) the court finds the defendant caused a situation that resulted, or could have resulted, in either of the following being adversely affected by committing the offence— (A) the health or safety of any person; (B) the environment; and (ii) the chief executive applies to the court for an order against the defendant for the payment of the costs the chief executive has incurred in taking action to avoid or minimise the adverse effect; and (iii) the court finds the chief executive has reasonably incurred the costs; and - (i) the court finds the defendant caused a situation that resulted, or could have resulted, in either of the following being adversely affected by committing the offence— (A) the health or safety of any person; (B) the environment; and - (A) the health or safety of any person; - (B) the environment; and - (ii) the chief executive applies to the court for an order against the defendant for the payment of the costs the chief executive has incurred in taking action to avoid or minimise the adverse effect; and - (iii) the court finds the chief executive has reasonably incurred the costs; and - (b) whether or not the defendant has been convicted of the offence. - (i) the court finds the defendant caused a situation that resulted, or could have resulted, in either of the following being adversely affected by committing the offence— (A) the health or safety of any person; (B) the environment; and - (A) the health or safety of any person; - (B) the environment; and - (ii) the chief executive applies to the court for an order against the defendant for the payment of the costs the chief executive has incurred in taking action to avoid or minimise the adverse effect; and - (iii) the court finds the chief executive has reasonably incurred the costs; and - (A) the health or safety of any person; - (B) the environment; and