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Litter Act 1979

Infringement notices

14: Infringement notices

You could also call this:

"What happens if you get a fine for littering: infringement notices"

If you commit an offence under the Litter Act, a Litter Control Officer can give you an infringement notice. The officer can give you the notice in person or send it to you by post. You are considered to have received the notice when it is posted.

The infringement notice must include details of the alleged offence, such as when and where it happened. It must also tell you how much you have to pay, where to pay it, and when to pay it by. The notice will also explain your rights, including the right to ask for a hearing. You can find more information about this in section 21(10) of the Summary Proceedings Act 1957.

If you do not pay the infringement fee and do not ask for a hearing, there may be consequences. The territorial authority will keep a record of the notice and any payment you make for at least 12 months. The authority can delegate its powers to a committee or its chief executive. An order about infringement notices is secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM33463.

Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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14A: Entitlement to infringement fees, or

"Who keeps the money when you pay a litter fine"

14Infringement notices

  1. Where a Litter Control Officer observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has just been committed by that person, an infringement notice in respect of that offence may be issued to that person by that Officer.

  2. An infringement notice may be served—

  3. by delivering it personally to the person who appears to have committed the infringement offence; or
    1. by sending it by post addressed to him at his last known place of residence or business.

      1. An infringement notice sent to a person by post pursuant to subsection (2)(b) shall be deemed to have been served on the person when it was so posted.

      2. Every infringement notice shall be in such form as the Governor-General may from time to time by Order in Council prescribe, and shall contain the following particulars:

      3. 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
        1. the amount of the infringement fee for the offence; and
          1. the address at which the infringement fee may be paid; and
            1. the time within which the infringement fee may be paid; and
              1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                1. a statement of the right of the person served with the notice to request a hearing; and
                  1. a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
                    1. such other particulars as are prescribed.

                      1. Repealed

                      2. Repealed

                      3. Repealed

                      4. A territorial authority shall keep a record of every infringement notice issued pursuant to this section and of every payment made in respect of that notice for a period of at least 12 months from the date of issue or, as the case may be, of payment.

                      5. For the purposes of this section, a territorial authority may delegate its powers and functions under this section to a committee of the territorial authority or to its chief executive but to no other person.

                      6. An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      Notes
                      • Section 14(2)(b): amended, on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(3): substituted, on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 14(4): substituted: on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(5): repealed, on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(6): repealed, on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(7): repealed, on , by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).
                      • Section 14(9): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                      • Section 14(10): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).