Telecommunications Act 2001

Enforcement - Enforcement of statutory and regulatory provisions - Civil infringement notice

156H: Consequence of not paying pecuniary penalty specified in civil infringement notice

You could also call this:

"What happens if you don't pay a fine from a civil infringement notice on time"

Illustration for Telecommunications Act 2001

If you get a civil infringement notice, you must pay the pecuniary penalty by the due date. The due date is the later of the time specified in the notice or in the notice under section 156F(1)(c). If you fail to pay, the Commission can recover the unpaid amount from you as a debt.

The Commission can take you to the District Court to recover the debt. They can claim the unpaid portion of the pecuniary penalty and the costs of recovering the debt. The court will only rule in favour of the Commission if it is satisfied that you were served with a civil infringement notice and failed to pay the pecuniary penalty.

In court, the Commission must prove that you did not pay the pecuniary penalty. If the court rules in favour of the Commission, you will have to pay the debt, which includes the unpaid penalty and the costs of recovery.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 28 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127486.

Topics:

Money and consumer rights > Debt recoveryCrime and justice > Courts and legal help

156G: Effect of withdrawal of civil infringement notice, or

"What happens if the Commission cancels a fine you got for breaking a telecommunications rule."

156I: Right to appeal, or

"You can ask a court to review a decision if you disagree with a civil infringement notice."

Part 4AEnforcement
Enforcement of statutory and regulatory provisions: Civil infringement notice

156HConsequence of not paying pecuniary penalty specified in civil infringement notice

The consequence specified in subsection (2) applies if a person—
is served with a civil infringement notice; and
fails to pay the whole, or any part, of the pecuniary penalty on or before the later of the time specified in that notice or in the notice under section 156F(1)(c).

The consequence is that the Commission may recover from the person, as a debt due to the Commission, in the District Court,—
the unpaid portion of the pecuniary penalty; and
the actual and reasonable costs of recovery awarded against the person by that court.

In any proceedings for the recovery of a debt under this section, the District Court must not enter judgment in favour of the Commission unless it is satisfied that the circumstances referred to in subsection (1) exist.

Notes

Section 156H: inserted, on 22 December 2006, by section 54 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
Section 156H(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).