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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Infringement offences

343C: Infringement notices

You could also call this:

“What happens when you get a fine for breaking environmental rules”

If you break a rule under the Resource Management Act 1991, an enforcement officer can give you an infringement notice. You will get this notice if the officer sees you breaking the rule or has a good reason to think you did. The officer will tell you what you did wrong and what you need to do next.

The notice can be given to you in person or sent to your home or work address. If it is sent by post, it is considered given to you on the day it was posted. The notice must have certain information on it, such as what you did wrong, how much you need to pay, and where to pay it.

The notice will also tell you about your rights, including the right to ask for a hearing. It will explain what happens if you do not pay the fee or ask for a hearing. You can find more information about this in section 21(10) of the Summary Proceedings Act 1957.

If you get an infringement notice, you might also get a reminder notice. If you do not pay the fee or ask for a hearing, the case can go to court, following the rules 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=DLM239075.

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343B: Commission of infringement offence, or

"Breaking a rule: how you might be charged or given a notice"

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343D: Entitlement to infringement fees, or

"Who keeps the money when you pay a fine for breaking a rule?"

Part 12 Declarations, enforcement, and ancillary powers
Infringement offences

343CInfringement notices

  1. Where an enforcement officer 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 served on that person.

  2. Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, it (or the copy) shall be deemed to have been served on that person when it was posted.

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

  4. 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 specified for that offence; 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. such other particulars as are prescribed.

                  1. If an infringement notice has been issued under this section,—

                  2. a reminder notice must be in the form prescribed under this Act; and
                    1. proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications.

                      Notes
                      • Section 343C: inserted, on , by section 18 of the Resource Management Amendment Act 1996 (1996 No 160).
                      • Section 343C(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 343C(4): replaced, on , by section 36(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).