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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Infringement offences

343C: Infringement notices

You could also call this:

“Rules about papers given to people who break the law in small ways”

When an enforcement officer sees you doing something that breaks the rules, or thinks you have done so, they can give you an infringement notice. This notice can be given to you in person or sent to your home or work address by post.

The infringement notice must be in a special form and include important information. It will tell you what you did wrong, when and where it happened. The notice will also say how much you need to pay as a fine, where to pay it, and by when. It will explain that you have the right to ask for a hearing if you disagree with the notice.

The notice will also tell you what happens if you don’t pay the fine or ask for a hearing. It will include a summary of section 21(10) of the Summary Proceedings Act 1957, which has more rules about these notices.

If you get an infringement notice, you might also get a reminder notice later. This reminder notice must be in a special form too. If you don’t respond to the notices, the enforcement officer can start legal proceedings against you according to 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

“When someone breaks a small rule, they can be taken to court or given a special notice.”

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343D: Entitlement to infringement fees, or

“Who gets to keep the money from fines when someone breaks the rules”

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).