Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Offences

105D: Procedural requirements for infringement notices

You could also call this:

"Rules for Giving and Dealing with Infringement Notices"

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You can get an infringement notice if you are alleged to have committed an offence. The notice can be given to you in person or sent to your last known address. If it is sent by post, it is considered served on the date it was posted. You must be told what the alleged offence is, when and where it happened, and how much you have to pay. You will also be told where to pay, when to pay by, and what happens if you do not pay. The notice must follow a set format, as outlined in regulations made under section 105F, and include a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957. If you get an infringement notice, you have the right to request a hearing. You will be told what will happen if you do not pay the fee or request a hearing. Proceedings can be started against you, following section 21 of the Summary Proceedings Act 1957. Reminder notices must also follow the set format and include the same information as the infringement notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6503533.

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105C: Issue of infringement notice, or

"Getting a notice for breaking consumer finance laws"


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105E: What Commission does with infringement fees, or

"What happens to the money from infringement fees"

Part 4Enforcement and remedies
Offences

105DProcedural requirements for infringement notices

  1. An infringement notice may be served on a person (a recipient) who is alleged to have committed an infringement offence—

  2. by delivering it, or a copy of it, personally to the recipient; or
    1. by sending it, or a copy of it, by post, addressed to the recipient at the recipient's last known place of residence or business.
      1. For the purposes of the Summary Proceedings Act 1957, an infringement notice sent under subsection (1)(b) must be treated as having been served on the recipient on the date it was posted.

      2. An infringement notice must be in the form prescribed by regulations made under section 105F and must contain—

      3. details of the alleged infringement offence that are sufficient to fully and fairly inform the recipient of the time, place, and nature of the alleged infringement offence; and
        1. the amount of the infringement fee; and
          1. an address at which the infringement fee may be paid; and
            1. the time within 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 that the recipient has a right to request a hearing; and
                  1. a statement of what will happen if the recipient does not pay the fee and does not request a hearing; and
                    1. any other prescribed matters.
                      1. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case, section 21 of the Summary Proceedings Act 1957 applies, with all necessary modifications.

                      2. Reminder notices must be prescribed by regulations made under section 105F and must contain the information referred to in subsection (3).

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                      Notes
                      • Section 105D: inserted, on , by section 70 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).