2Prescribed forms Empowered by ss 27B(2), 28(3), 37(3), 47(3), 48(4)

1Infringement notice (default form)

(Front page)

Notice No:

Enforcement authority: [name]

Enforcement officer: [name or number]

To [full name, full address, other identifying details, if known; for example, date of birth]

You are alleged to have committed an infringement offence against the Freedom Camping Act 2011 as follows:

Details of alleged infringement offence

Section of Freedom Camping Act 2011 contravened:

Nature of infringement:

Location:

Date:

Approximate time:

The fee for this infringement is: $[amount]

Payment of infringement fee

The infringement fee is payable to the enforcement authority within 28 days after [date notice is delivered personally or emailed or posted or attached to vehicle].

The infringement fee is payable to the enforcement authority at [address at which fee may be paid].

The contact details of the enforcement authority are as follows:

Signature:

(Enforcement officer)

Important

Please read the summary of rights printed on the next page.

(Back page)

Summary of rights

Note: Please read this summary. If you do not understand it, you should consult a lawyer immediately.

Payment

If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you in respect of this infringement offence. Payments should be made to the enforcement authority at the address shown on the front page of this notice.Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter, or have entered, into a payment by instalment arrangement with the enforcement authority in respect of an infringement fee payable by you, paragraphs 3 and 4 do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.

Further action

If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing a letter and delivering it to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of any reminder notice in respect of the offence.

If you deny liability and wish to request a hearing in the District Court in respect of the alleged offence, you must, within 28 days after the service of any reminder notice in respect of the offence, deliver a letter requesting a court hearing in respect of the offence to the enforcement authority at the address shown on the front page of this notice. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or otherwise, you must, within 28 days after the service of a reminder notice in respect of the offence, deliver a letter requesting a hearing in respect of the offence to the enforcement authority at the address shown on the front page of this notice and in the same letter admit liability in respect of the offence and set out the submissions that you would wish to be considered by the court. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. There is no provision for an oral hearing before the court if you follow this course of action.Note: Costs will be imposed in addition to any penalty.

Non-payment of fee

If you do not pay the infringement fee and do not deliver a letter requesting a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise).

If you do not pay the infringement fee and do not deliver a letter requesting a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you).

Defence

You will have a complete defence against proceedings relating to the alleged offence if the infringement fee is paid to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of a reminder notice in respect of the offence. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence.

This paragraph describes a defence additional to the one described in paragraph 7. You must prove the following to have the defence:

that the act or omission giving rise to the alleged offence to which the infringement notice relates was due to an action or event beyond your control; and
you could not reasonably have foreseen or prevented the action or event; and
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.

This paragraph describes a defence additional to those described in paragraphs 7 and 8. You must prove the following to have the defence:

that the act or omission giving rise to the alleged offence to which the infringement notice relates was necessary to save or protect life or health, or to prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
your conduct was reasonable in the circumstances; and
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.

This paragraph describes a defence additional to the defences described in paragraphs 7 to 9. This defence is available only if you are charged with an infringement offence against section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii) of the Freedom Camping Act 2011. You must prove the following to have the defence:

that the act giving rise to the alleged offence to which the infringement notice relates was necessary in the circumstances; and
your conduct was reasonable in the circumstances; and
you adequately remedied or mitigated the effects of the act after the alleged offence occurred.

This paragraph describes 2 defences additional to the defences described in paragraphs 7 to 10. The defences are available if you are charged with an infringement offence in which a vehicle was used in the commission of the alleged offence and, at the time the alleged offence was committed, you were an owner of the vehicle, a registered person in relation to the vehicle, or lawfully entitled to its possession. You must do the following to have a defence:

you must prove that another person, by virtue of an order under the Summary Proceedings Act 1957, became liable to pay a fine or cost, or both, in respect of the alleged offence; or
you must—
1. prove that, at the time the alleged offence was committed, either you were not lawfully entitled to the possession of the vehicle or another person was unlawfully in charge of the vehicle; and
2. advise the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
3. do everything reasonably possible to comply with all requests of the enforcement authority to supply information to the authority regarding the person who was lawfully entitled to possession, or who was in charge, of the vehicle at the time of the offence.

Queries and correspondence

When writing or making payment of an infringement fee, please indicate—

the date of the infringement offence; and
the infringement notice number; and
the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all of the infringement fees for all of the alleged offences); and
your full address for replies (if you are not paying all of the infringement fees for all of the alleged offences).

Full details of your rights and obligations are set out in sections 20E and 22 to 28 of the Freedom Camping Act 2011 and section 21 of the Summary Proceedings Act 1957.

Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the address shown on the front page of this notice.

Notes

Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(a) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(b)(i) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(b)(ii) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(c) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 1: amended, on 7 June 2023, by section 41(2)(d) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

2Reminder notice (default form)

(Front page)

Notice No:

Enforcement authority: [name]

To [full name, full address, other identifying details, if known; for example, date of birth]

You are alleged to have committed an infringement offence against the Freedom Camping Act 2011 as follows:

Details of alleged infringement offence

Section of Freedom Camping Act 2011 contravened:

Nature of infringement:

Location:

Date:

Approximate time:

The fee for this infringement is: $[amount]

Payment of infringement fee

The infringement fee was payable to the enforcement authority within 28 days after [date infringement notice was delivered personally or emailed or posted or attached to vehicle].

The infringement fee remains payable to the enforcement authority at [full address at which fee may be paid].

The contact details of the enforcement authority are as follows:

Date:

Issued by [full name], being a person authorised by the [enforcement authority].

Service details

(To be provided for filing in court)

Infringement notice served by [method of service] on [date of service]

Reminder notice served by [method of service] at [full address of service] on [date of service]

Important

Please read the summary of rights printed on the next page.

(Back page)

Summary of rights

Note: Please read this summary. If you do not understand it, you should consult a lawyer immediately.

You have not paid the infringement fee described on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.

You will become liable to pay costs in addition to the infringement fee if—

you do not pay the infringement fee within 28 days after you are served with this reminder notice; and
you do not deliver a letter requesting a hearing to the enforcement authority within 28 days after you are served with this reminder notice; and
the enforcement authority decides to bring court proceedings against you.

You have a defence against proceedings relating to the alleged offence if you prove the following:

that the act or omission giving rise to the alleged offence to which the infringement notice relates was due to an action or event beyond your control; and
you could not reasonably have foreseen or prevented the action or event; and
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.

This paragraph describes a defence additional to the one described in paragraph 3. You must prove the following to have the defence:

that the act or omission giving rise to the alleged offence to which the infringement notice relates was necessary to save or protect life or health, or to prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
your conduct was reasonable in the circumstances; and
you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred.

This paragraph describes a defence additional to the defences described in paragraphs 3 and 4. This defence is available only if you are charged with an infringement offence against section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii) of the Freedom Camping Act 2011. You must prove the following to have the defence:

that the act giving rise to the alleged offence to which the infringement notice relates was necessary in the circumstances; and
your conduct was reasonable in the circumstances; and
you adequately remedied or mitigated the effects of the act after the alleged offence occurred.

This paragraph describes 2 defences additional to the defences described in paragraphs 3 to 5. The defences are available if you are charged with an infringement offence in which a vehicle was used in the commission of the alleged offence and, at the time the alleged offence was committed, you were an owner of the vehicle, a registered person in relation to the vehicle, or lawfully entitled to its possession. You must do the following to have a defence:

you must prove that another person, by virtue of an order under the Summary Proceedings Act 1957, became liable to pay a fine or cost, or both, in respect of the alleged offence; or
you must—
1. prove that, at the time the alleged offence was committed, either you were not lawfully entitled to the possession of the vehicle or another person was unlawfully in charge of the vehicle; and
2. advise the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
3. do everything reasonably possible to comply with all requests of the enforcement authority to supply information to the authority regarding the person who was lawfully entitled to possession, or who was in charge, of the vehicle at the time of the offence.

If you pay all of the infringement fees for all of the alleged offences described in the infringement notice in a lump sum, please provide a note of—

the infringement notice number; and
the date of each infringement offence; and
the identifying number of each offence.

If you do not pay all of the infringement fees for all of the alleged offences described in the infringement notice in a lump sum, please provide a note of—

the offences you are paying fees for; and
the offences you are not paying fees for; and
what you are doing about the offences you are not paying fees for; and
your full address for replies.

Full details of your rights and obligations are set out in sections 20E and 22 to 28 of the Freedom Camping Act 2011 and section 21 of the Summary Proceedings Act 1957.

Note: All payments, queries, and correspondence regarding the infringement notice or this reminder notice must be directed to the enforcement authority at the address shown on the front page of this notice.

Notes

Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(a)(i) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(a)(ii) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(b) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
Schedule 2 form 2: amended, on 7 June 2023, by section 41(3)(c) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).

3Seizure and impounding notice (default form)

Enforcement authority: [name and contact details]

To [full name and full address of person in possession of property at time property is seized or, if that person is not present, name of person appearing to own or have an interest in the property seized]

This is to notify you that the property listed below has been seized by a warranted enforcement officer and removed from [description of location property was seized from] because the property was used in the commission of an offence against the Freedom Camping Act 2011.

You may contact [name and telephone number of appropriate officer or contact person at enforcement authority who issued notice] if you are the owner of the property or the person from whom it was seized and apply for the property to be returned to you. Before the property is returned, you may be required to provide proof of your identity or proof of ownership.

The enforcement authority will return the property to you if,—

in future, the property is not likely to be used in an offence of the kind for which it was seized; and
you have paid the outstanding costs (if any) of the enforcement authority in seizing, impounding, transporting, and storing the property.

If the enforcement authority refuses to return the property to you, you may apply to the District Court to review the authority's decision.

The enforcement authority may dispose of the property after 14 working days from the date of this notice and within 6 months of the date of the seizure if the property remains unclaimed.

Proceeds from the disposal of the property may be used to pay the costs of the authority incurred in seizing, impounding, transporting, storing, and disposing of the property. Any remaining money will be paid to the owner of the property or the person from whom the property was seized (if identified).

If you do not understand this notice, you should consult a lawyer or the enforcement authority immediately.

List of property seized: [describe each item seized, giving an identification number if possible].

Date:

Signature:

Name:

(Enforcement officer)

Plain language law

Freedom Camping Act 2011

Schedule 2: Prescribed forms

“Forms used to tell people about camping rules and what happens if they break them”

2Prescribed forms Empowered by ss 27B(2), 28(3), 37(3), 47(3), 48(4)

1Infringement notice (default form)

(Front page)

Details of alleged infringement offence

Payment of infringement fee

Important

(Back page)

Summary of rights

Payment

Further action

Non-payment of fee

Defence

Queries and correspondence

2Reminder notice (default form)

(Front page)

Details of alleged infringement offence

Payment of infringement fee

Service details

Important

(Back page)

Summary of rights

3Seizure and impounding notice (default form)