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Trade in Endangered Species Act 1989

Offences and infringement offences - Infringement offences

50C: Proceedings for infringement offences

You could also call this:

"What happens if you're accused of breaking an endangered species law"

Illustration for Trade in Endangered Species Act 1989

If you are alleged to have committed an infringement offence, you may either be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011 or be served with an infringement notice under section 50E. You will know which one is happening to you because one is a formal court document and the other is a notice. If you get an infringement notice, the court case can start following the rules in section 21 of the Summary Proceedings Act 1957.

If the court case starts after you get an infringement notice, the rules from section 21 of the Summary Proceedings Act 1957 will be used, but they might be changed slightly to fit your situation. You will have to follow these rules as the court case goes on. The court will make sure the rules are applied fairly to you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS149494.

Topics:
Environment and resources > ConservationCrime and justice > Courts and legal helpCrime and justice > Police and safety
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50B: Relationship between infringement offences and other offences, or

"Breaking rules can lead to more serious charges instead of just a fine."

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50D: Who may issue infringement notices, or

"Who can give out fines for breaking endangered species rules?"

Part 4Offences and infringement offences
Infringement offences

50CProceedings for infringement offences

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

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice under section 50E.

      1. If an infringement notice has been issued under section 50E, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

      Notes
      • Section 50C: inserted, on , by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).