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Freedom Camping Act 2011

Enforcement, miscellaneous, and transitional provisions - Proceedings

25: How proceedings commenced

You could also call this:

“How legal action starts if you break freedom camping rules”

If you commit an offence that’s not an infringement offence, an enforcement officer can start legal proceedings against you by filing a charging document. This is done under section 14 of the Criminal Procedure Act 2011.

For infringement offences, there are two ways proceedings can start. An enforcement officer can either give you an infringement notice, or file a charging document under section 14 of the Criminal Procedure Act 2011.

If you get an infringement notice and don’t pay the fee, the case will continue under section 21 of the Summary Proceedings Act 1957. This law will apply with any changes needed to make it fit the situation.

If the enforcement officer files a charging document for an infringement offence, they don’t need to get permission from a District Court Judge or Registrar. This is different from what section 21 of the Summary Proceedings Act 1957 usually requires.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3742884.

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Part 3 Enforcement, miscellaneous, and transitional provisions
Proceedings

25How proceedings commenced

  1. Proceedings for an offence other than an infringement offence may be commenced by an enforcement officer filing a charging document under section 14 of the Criminal Procedure Act 2011.

  2. Proceedings for an infringement offence may be commenced by—

  3. an enforcement officer issuing an infringement notice under section 27; or
    1. an enforcement officer filing a charging document under section 14 of the Criminal Procedure Act 2011.

      1. Proceedings commenced in the way described in subsection (2)(a) that continue (other than by the infringement fee for the offence being paid) must be continued under section 21 of the Summary Proceedings Act 1957, and that section applies accordingly with any necessary modifications.

      2. Proceedings commenced in the way described in subsection (2)(b) do not require leave of a District Court Judge or Registrar under section 21 of the Summary Proceedings Act 1957.

      Notes
      • Section 25(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 25(2)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).