Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Infringement offences

262: Infringement notices

You could also call this:

"What happens when you get a fine for breaking the alcohol rules"

If you commit an infringement offence, a constable or inspector can give you an infringement notice. They can give it to you in person or send it to your home address. The notice will tell you what you did wrong and what you need to do next.

The infringement notice must include details like what you did, where and when you did it, and how much you need to pay. It must also tell you where to pay the fine, when to pay it, and what happens if you do not pay. You can find more information about this in the Summary Proceedings Act 1957.

If you get an infringement notice, you can choose to pay the fine or ask for a hearing. The notice will explain what will happen if you do not do either of these things. You have the right to request a hearing, and the notice will tell you how to do this.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339776.


Previous

261: Commission of infringement offences, or

"Breaking alcohol rules: what happens next"


Next

263: Payment of infringement fees, or

"Paying a fine for breaking alcohol laws: where the money goes"

Part 2Sale and supply of alcohol generally
Offences and closure of premises: Infringement offences

262Infringement notices

  1. If a constable observes a person committing an infringement offence, or an inspector observes a person committing a specified infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.

  2. Any constable or inspector (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence.

  3. For the purposes of the Summary Proceedings Act 1957, an infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted.

  4. Every infringement notice must be in the prescribed form and must contain the following particulars:

  5. 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; and
      1. the address of the place 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 neither pays the infringement fee nor requests a hearing; and
                1. any other particulars that may be prescribed.
                  1. If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications.

                  Compare