Gambling Act 2003

Harm prevention and minimisation, enforcement, and other matters - Proceedings, evidence, etc - Infringement offences

357: Issue of infringement notice

You could also call this:

"Getting a fine for breaking a gambling rule: what happens next"

Illustration for Gambling Act 2003

If you break a gambling rule, a gambling inspector or constable can give you an infringement notice. They can only do this if they think you have broken a rule. The inspector or constable will give you the notice if they believe you have committed an infringement offence.

You can get an infringement notice in two ways: it can be handed to you in person or sent to you by post. If it is sent by post, it is considered served when it would normally be delivered.

The infringement notice must include important details, such as what you are alleged to have done wrong, how much you have to pay, and where to pay it. It must also tell you when you have to pay and what happens if you do not pay. The notice will include a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957, which explains your rights. You have the right to ask for a court hearing, and the notice will tell you how to do this.

Different types of infringement notices can be used for different kinds of offences. The notice will also tell you what will happen if you do not pay the fee or ask for a court hearing.

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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=DLM210713.


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Part 4Harm prevention and minimisation, enforcement, and other matters
Proceedings, evidence, etc: Infringement offences

357Issue of infringement notice

  1. If a gambling inspector or constable has reasonable grounds to believe that a person is committing, or has committed, an infringement offence, the gambling inspector or constable may issue an infringement notice to the person for the offence.

  2. An infringement notice may be served—

  3. by delivering it, or a copy of it, personally to the person alleged to have committed the infringement offence; or
    1. by sending it, or a copy of it, by post addressed to the person at his or her last known place of residence or business or postal address.
      1. An infringement notice that is sent to a person by post under subsection (2)(b) is served on the person when it would have been delivered in the ordinary course of post.

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

      3. the details of the alleged infringement offence that are necessary to sufficiently inform the person of the time, place, and nature of the alleged offence; and
        1. the amount of the infringement fee specified for the offence; and
          1. the address of the place at which the infringement fee may be paid; and
            1. the time by which the infringement fee must be paid; and
              1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                1. a statement of the right of the person served with the notice to request a court hearing; and
                  1. a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a court hearing; and
                    1. any other particulars as may be prescribed.
                      1. Different forms of infringement notices may be prescribed for different kinds of infringement offences.

                      Notes
                      • Section 357(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                      • Section 357(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).