Health Act 1956

Artificial UV tanning services - Infringement offences

116A: Infringement notices

You could also call this:

"What happens if you get a fine for breaking a health rule, called an infringement notice"

If you break a health rule, you might get an infringement notice. This notice can be given to you by someone who is allowed to issue them, like an environmental health officer. They can give you the notice in person or send it to your home.

The notice must have certain information on it, such as what you did wrong, how much you have to pay, and where to pay it. It must also tell you that you have the right to ask for a hearing and what will happen if you do not pay or ask for a hearing. You can read more about what happens at a hearing in section 21(10) of the Summary Proceedings Act 1957.

If you get an infringement notice, you might be able to use the procedure in section 21 of the Summary Proceedings Act 1957 to deal with it. This means you can follow the steps outlined in that section to pay the fine or ask for a hearing. You should make sure you understand what the notice says and what you need to do.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086840.

116: Commission of infringement offences, or

"Breaking a rule: going to court or getting a fine notice"

116B: Payment of infringement fees, or

"How to pay a fine when you break a health rule"

Part 5Artificial UV tanning services
Infringement offences

116AInfringement notices

If a person authorised to issue infringement notices under this section observes a person committing an infringement offence, or he or she has reasonable cause to believe that 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.
Any person authorised to issue infringement notices under this section (not necessarily the person 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.
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.
Every infringement notice must be in the prescribed form and must contain the following particulars:
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
the amount of the infringement fee; and
the address of the place at which the infringement fee may be paid; and
the time within which the infringement fee must be paid; and
a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
a statement that the person served with the notice has a right to request a hearing; and
a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
any other particulars that may be prescribed.

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 the necessary modifications.
For the purposes of this section, the following persons are authorised to issue infringement notices under this section:
any environmental health officer:
any person, whether or not an employee of the Ministry or a local authority, who is authorised in writing by the Director-General to issue infringement notices under this section.

Notes

Section 116A: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).