Reparations and the Resource Management Act

Reparations and the Resource Management Act

GDC v Aratu Forestry Ltd

This recent sentencing decision is notable for two reasons. First, because of the large fine imposed on a forestry company for breaching the Resource Management Act 1993 (RMA), and second  – perhaps more interestingly – because the Court ordered the defendants to pay a significant sum in reparations to affected persons for emotional harm.  While reparation payments are common for other kinds of offences, they are uncommon for convictions under the RMA. The case also raises issues such as whether a defendant is insured for reparation payments, and, if so, which insurance policy will provide cover?

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