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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:

"What happens if you break a building rule and might have to go to court"

If you are alleged to have committed an infringement offence, you may either be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011 or be served with an infringement notice under section 372. You will know which one is happening to you because you will either get a court document or an infringement notice. The rules for what happens next will depend on which one you get.

If you are served with an infringement notice under section 372, the court case can start following the rules in section 21 of the Summary Proceedings Act 1957. These rules will apply to your case with some changes to fit your situation. This means the court will follow a set process to deal with your case.

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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.

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Housing and property > Home safety and repairsCrime and justice > Courts and legal helpCrime and justice > Criminal law
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370: Interpretation, or

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371A: Who may issue infringement notices, or

"People allowed to give out tickets for breaking building rules"

Part 5Miscellaneous 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).