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Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

360: Infringement offences

You could also call this:

“Explanation of how minor offences are dealt with under immigration law”

If someone thinks you’ve done something wrong that’s called an infringement offence, there are two ways this can be handled:

  1. Someone can file a document to charge you in court. This is done under section 14 of the Criminal Procedure Act 2011.

  2. You might get an infringement notice. This is explained in section 362 of this law.

If they decide to charge you in court, they don’t need special permission from a judge or court worker to do this.

If you get an infringement notice, there’s a specific way to deal with it. You can find out how this works by looking at section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441170.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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Part 10 Offences, penalties, and proceedings
Infringement offences

360Infringement offences

  1. A person who is alleged to have committed an infringement offence may—

  2. be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be issued with an infringement notice under section 362.

      1. Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or a Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

      2. See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

      Notes
      • Section 360: replaced, on , by section 7 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).