Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Offences - Infringement offences

88: Commission of infringement offences

You could also call this:

"What happens if you break a smokefree rule: going to court or getting a fine notice"

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are alleged to have committed an infringement offence, you may be dealt with in two ways. You can be taken to court by filing a charging document under the Criminal Procedure Act 2011. Alternatively, you can be served with an infringement notice as provided for in section 89.

If you are taken to court, the court does not need special permission from a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

You can check section 21 of the Summary Proceedings Act 1957 to see what happens if an infringement notice is issued.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428805.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpHealth and wellbeing > Public health

87: Infringement offences, or

"Breaking some smokefree rules can mean you get a fine, called an infringement offence, and have to pay a fee."

89: Infringement notices, or

"Getting a fine for breaking smokefree rules: what happens next"

Part 5Regulations, enforcement, and other matters
Offences: Infringement offences

88Commission of infringement offences

A person who is alleged to have committed an infringement offence may—
be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011; or
be served with an infringement notice as provided for in section 89.

Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

Notes

Section 88: inserted, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).