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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Infringement offences

245: Issue of infringement notices

You could also call this:

“Getting a fine for breaking rules in your area”

You can get an infringement notice if an enforcement officer sees you committing an infringement offence or believes you have committed one. For offences not related to alcohol bans, the notice can be given to you in person or sent to your home or work address. For alcohol ban breaches, a police officer can give you the notice in person, even after arresting you, or send it to your address.

If the notice is sent by post, it’s considered delivered when it was posted. The notice must be in a specific format and include important details like what you did wrong, how much you need to pay, when to pay, and where to pay. It also needs to tell you about your right to ask for a hearing and what happens if you don’t pay or request a hearing.

The notice must also include a summary of section 21(10) of the Summary Proceedings Act 1957. After you get an infringement notice, legal proceedings can be started against you as per 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=DLM174057.

Topics:
Crime and justice > Criminal law
Government and voting > Local councils
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244: Proceedings for infringement offences, or

“How you can be dealt with if you break local council rules”

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Part 9 Offences, penalties, infringement offences, and legal proceedings
Infringement offences

245Issue of infringement notices

  1. An infringement notice may be served on a person if an enforcement officer—

  2. observes a person committing an infringement offence; or
    1. has reasonable cause to believe that an infringement offence is being or has been committed by that person.

      1. An infringement notice not relating to a breach of an alcohol ban may be served—

      2. by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence concerned; or
        1. by post addressed to that person's last known place of residence or business.

          1. An infringement notice relating to a breach of an alcohol ban may be served—

          2. by a constable personally delivering it to the person alleged to have committed the breach; or
            1. by a constable personally delivering it, at a time after the person alleged to have committed the breach has been arrested for committing it, to the person; or
              1. by post addressed to the last known place of residence or business of the person alleged to have committed the breach.

                1. An infringement notice sent to a person under subsection (2)(b) must be treated as having been served on that person when it was posted.

                2. An infringement notice must be in the prescribed form and must contain the following particulars:

                3. details of the alleged infringement offence sufficient to inform fairly a person of the time, place, and nature of the alleged offence:
                  1. the amount of the infringement fee specified for that offence:
                    1. the time within which the infringement fee must be paid:
                      1. the address of the place at which the infringement fee must be paid:
                        1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:
                          1. a statement that the person served with the notice has a right to request a hearing:
                            1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
                              1. any other particulars that are prescribed.

                                1. If an infringement notice has been issued under this section,—

                                2. proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and
                                  1. the provisions of that section apply with all necessary modifications.

                                    Compare
                                    Notes
                                    • Section 245(2): replaced, on , by section 8 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).
                                    • Section 245(2A): inserted, on , by section 8 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).
                                    • Section 245(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).