Since the groundbreaking decision in R v Bata1, adopted in New Zealand in the Machinery Movers
prosecution2, a clear signal has been sent that environmental offenders are criminals. New Zealand's
Resource Management Act 1991 includes penalties upon summary conviction for environmental offending of
up to $200,000 and two years imprisonment. The average fine imposed in RMA prosecutions during the
period 1991-2001 was $4,000 (de Silva 2002). To date, however, no one has been incarcerated for offending
under the Act (New Zealand Herald 2004)