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Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Proceedings for infringement offences

371: Proceedings for infringement offences

You could also call this:

“How the law deals with small rule-breaking: you can go to court or get a special notice”

If someone thinks you’ve committed an infringement offence, there are two ways they can deal with it. They can either start a court case against you by filing a charging document, or they can give you an infringement notice.

If you get an infringement notice, they might still start a court case later. If they do, they’ll follow special rules about how to do this.

Remember, an infringement offence is a less serious kind of offence. It’s like getting a parking ticket - it’s against the rules, but it’s not as serious as other crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309022.

Topics:
Crime and justice > Courts and legal help
Crime and justice > Criminal law
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370: Interpretation, or

“This part explains important words used when talking about breaking building rules and getting fined.”

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371A: Who may issue infringement notices, or

“People allowed to give out tickets for breaking building rules”

Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Proceedings for infringement offences

371Proceedings for infringement offences

  1. A person who is alleged to have committed an infringement offence may either—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice under section 372.

      1. If an infringement notice has been issued under section 372, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

      Notes
      • Section 371(1)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).