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Civil Aviation Act 1990

Offences and penalties - Infringement offences

58: Infringement notices

You could also call this:

“Rules for giving people notices when they break aviation laws”

If the Director or someone they allow sees you doing something wrong that’s called an infringement offence, or thinks you did it, they can give you a notice about it. This notice is called an infringement notice.

They can give you the notice by handing it to you, sending it to your home or work by mail, or if you have an aviation document, they can send it to the address you gave them.

If they send it by mail, they’ll assume you got it when it would normally arrive.

The notice will tell you what they think you did wrong, including when and where it happened. It will also say how much you need to pay, where to pay it, and when you need to pay by. The notice will explain your rights, like asking for a hearing, and what happens if you don’t pay or ask for a hearing.

There might be different types of notices for different kinds of offences.

If you get one of these notices, they can start legal proceedings against you using a law called the Summary Proceedings Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216982.

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Part 5 Offences and penalties
Infringement offences

58Infringement notices

  1. Where the Director or any person duly authorised by the Director observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Director or the authorised person.

  2. An infringement notice may be served—

  3. by delivering it personally to the person who appears to have committed the infringement offence; or
    1. by sending it by post addressed to him or her at his or her last known place of residence or business; or
      1. where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8.

        1. An infringement notice sent to a person by post under paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it would have been delivered in the ordinary course of post.

        2. Every infringement notice shall be in the prescribed form and shall contain the following particulars:

        3. such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:
          1. the amount of the infringement fee for that offence:
            1. the address at which the infringement fee may be paid:
              1. the time within which the infringement fee shall be paid:
                1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:
                  1. a statement of the right of the person served with the notice to request a hearing:
                    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 hearing:
                      1. such other particulars as are prescribed in regulations made under this Act.

                        1. Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.

                        2. Where an infringement notice has been issued under this section, 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 in that case the provisions of that section shall, with the necessary modifications, apply.

                        Notes
                        • Section 58(1): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                        • Section 58(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).