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Litter Act 1979

Infringement notices

13: Territorial authorities may adopt infringement notice provisions

You could also call this:

"Councils can choose to use fines for breaking rules, and they must tell the public first."

If you live in a area with a territorial authority, they can decide to use infringement notices. They can do this by making a resolution to adopt the provisions of this section and section 14. The territorial authority must give the public at least 14 days' notice before making this decision.

When a territorial authority makes a resolution, it must say what the infringement offence is and how much the infringement fee is. The infringement fee cannot be more than $400. If you are alleged to have committed an infringement offence, you can either be taken to court or be given an infringement notice as provided in section 14.

You cannot be given an infringement notice by a Warden or some other types of officers. If you are given an infringement notice, you will have to pay the infringement fee, which is the fee set by the territorial authority for that offence. The territorial authority sets the infringement fee when they make the resolution to adopt the provisions of this section and section 14.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM33457.

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13Territorial authorities may adopt infringement notice provisions

  1. This section and section 14 shall be in force only within the district of a territorial authority which has adopted them pursuant to subsection (2).

  2. Any territorial authority which has appointed any Officer (other than a Warden) pursuant to this Act whether alone or jointly with another public authority or other public authorities or which has appointed any traffic officers may, by resolution, adopt the provisions of this section and section 14 to apply in respect of any infringement offence committed within its district.

  3. A territorial authority may not pass a resolution under subsection (1) unless it has given at least 14 days' public notice of its intention to do so.

  4. Every resolution under subsection (2) shall specify the nature of the infringement offence or offences and the fee (in this section and in section 14 referred to as the infringement fee) payable in respect of any such offence.

  5. No infringement fee shall exceed $400.

  6. Where any person is alleged to have committed an infringement offence, that person may either—

  7. 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 as provided in section 14.

      1. No infringement notice shall be issued by a Warden nor by any person deemed to be an Officer under section 6(1)(c), (d), (f), (h), or (j).

      Notes
      • Section 13(2): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
      • Section 13(2A): inserted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
      • Section 13(3): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
      • Section 13(4): amended, on , by section 6 of the Litter Amendment Act 2006 (2006 No 24).
      • Section 13(5)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).