Smokefree Environments and Regulated Products Act 1990

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

89: Infringement notices

You could also call this:

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

Illustration for Smokefree Environments and Regulated Products Act 1990

If you break a smokefree rule, an enforcement officer can give you an infringement notice. They can do this if they think you are breaking or have broken a smokefree rule. The officer can give you the notice in person or send it to your home or work.

The notice must have certain information on it, such as what you did wrong, when and where you did it, and how much you have to pay. It must also tell you where to pay the fine, when you have to pay it by, 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 hearing if you do not think you did anything wrong.

If you get an infringement notice, you can either pay the fine or ask for a hearing. If you do neither, there will be consequences. The procedure for dealing with the notice is set out in 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=LMS428806.


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

89Infringement notices

  1. An enforcement officer may issue an infringement notice on a person if the officer believes on reasonable grounds that the person is committing or has committed an infringement offence.

  2. An enforcement officer may deliver the infringement notice (or a copy of it) to the person alleged to have committed the infringement offence—

  3. by delivering it personally or by post addressed to that person's last known place of residence or business; and
    1. regardless of whether the enforcement officer issued the infringement notice.
      1. An infringement notice (or a copy of it) sent to a person under subsection (2) is to 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. 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; and
        1. the amount of the infringement fee; and
          1. the address of the place 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 person served with the notice has a right to request a hearing; and
                  1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
                    1. any other particulars that may be prescribed.
                      1. If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications.

                      Notes
                      • Section 89: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).