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Companies Act 1993

Accounting records and financial reporting - Infringement offence for failing to register financial statements

207ZA: Procedural requirements for infringement notices

You could also call this:

“How you'll be notified and what information you'll receive if you break company record-keeping rules”

When you break a rule about keeping accounting records or making financial reports, you might get an infringement notice. This notice can be given to you in person or sent to your home or work address by mail. If it’s sent by mail, it’s considered delivered on the day it was posted.

The notice must be in a specific format and include important information. It needs to tell you what you did wrong, including when and where it happened. It also needs to say how much you have to pay (the infringement fee), where to pay it, and when you need to pay by.

The notice should explain your rights. It must include a summary of a part of another law called the Summary Proceedings Act 1957. It should also tell you that you can ask for a hearing if you don’t agree with the notice. The notice will explain what happens if you don’t pay or ask for a hearing.

If you get an infringement notice, the people who gave it to you can start legal proceedings against you. They might send you reminder notices too. These reminder notices must include specific information that the law requires.

All of this follows rules set out in the Summary Proceedings Act 1957. If anything isn’t covered by the rules for infringement notices, that Act will apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6042208.

Topics:
Business > Industry rules
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Part 11 Accounting records and financial reporting
Infringement offence for failing to register financial statements

207ZAProcedural requirements for infringement notices

  1. An infringement notice may be served on a person—

  2. by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
    1. by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business.

      1. An infringement notice sent under subsection (1)(b) must be treated as having been served on the person on the date it was posted.

      2. An infringement notice must be in the prescribed form and must contain—

      3. details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
        1. the amount of the infringement fee; and
          1. an address 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 does not pay the fee and does not request a hearing; and
                    1. any other prescribed matters.

                      1. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—

                      2. reminder notices may be prescribed under regulations made under this Act; and
                        1. in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.

                          1. Reminder notices must contain the prescribed information.

                          Notes
                          • Section 207ZA: inserted, on , by section 30 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).