Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

365: Revocation of infringement notice before payment made

You could also call this:

“Immigration officer can cancel an infringement notice before you pay”

If you get an infringement notice, an immigration officer can cancel it before you pay the fee or before a court orders you to pay a fine. They will let you know in writing if they cancel the notice.

If the immigration officer cancels the notice before you pay the fee, they can still take other actions against you for the same issue.

When the immigration officer talks about the court ordering you to pay a fine, they are referring to 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=DLM1441175.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law

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364B: Infringement fine for prescribed employment infringement offences, or

“Fines for breaking employment rules when hiring workers”


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365A: How infringement notice may be served: carriers, and persons in charge, of craft, or

“How carriers or people in charge of commercial craft can receive an infringement notice”

Part 10 Offences, penalties, and proceedings
Infringement offences

365Revocation of infringement notice before payment made

  1. An immigration officer may, by written notice served on the person to whom an infringement notice was issued, revoke the infringement notice before—

  2. the infringement fee is paid; or
    1. an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
      1. The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter.

      Notes
      • Section 365: replaced, on , by section 9 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).