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Freedom Camping Act 2011

Enforcement, miscellaneous, and transitional provisions - Proceedings

30: Charging hirer for infringement fee

You could also call this:

“Rental companies must follow steps before charging you for breaking camping rules”

When a rental company gets a notice about a rule being broken, they can’t just take money from your credit card right away. They need to follow some steps first.

If the rental company gets an infringement notice, they have to send you a copy within 5 working days. They also need to tell you that if they get a reminder notice, they will take the money from your credit card.

If the rental company gets a reminder notice instead, they still need to send you a copy within 5 working days. They also need to tell you that they will take the money from your credit card to pay for the broken rule.

When the rental company sends you these notices, it’s like you’ve been given the notice directly. You have the same rights and responsibilities as if you got it from the authorities.

The rental company can charge you a small fee for using your credit card to pay the fine. They must send any money they take from your card to the authorities quickly.

Sometimes, you might get your money back. This can happen if:

  • The authorities decide not to go ahead with the case
  • The reminder notice is taken back
  • A court says you didn’t break the rule
  • A court cancels the fine

Remember, these rules are there to make sure everything is fair when you rent something and a rule gets broken.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3944010.

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29: Rental service agreement may provide for payment of infringement fee, or

“Car rental agreements can include rules about paying fines for breaking camping laws”

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Part 3 Enforcement, miscellaneous, and transitional provisions
Proceedings

30Charging hirer for infringement fee

  1. In any case where a rental company receives an infringement notice for a particular offence, the rental company may not exercise an authority under a rental service agreement to debit the hirer’s credit card unless, within 5 working days of receipt of the infringement notice, the rental company—

  2. sends a copy of the infringement notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
    1. notifies the hirer that if the rental company receives a reminder notice for that offence, the rental company will debit the hirer's credit card for the amount of the infringement fee and costs.

      1. If the rental company does not receive an infringement notice for the particular offence, but receives a reminder notice for that offence, the rental company may not exercise the authority to debit the hirer’s credit card unless, within 5 working days of the receipt of the reminder notice, the rental company—

      2. sends a copy of the reminder notice and the rental service agreement to the permanent address provided by the hirer in the rental service agreement; and
        1. notifies the hirer that the rental company will debit the hirer's credit card with the fee and costs payable because of the infringement notice.

          1. Except where the hirer has been separately served by an enforcement officer with an infringement notice for the particular offence, the infringement notice sent to the hirer under subsection (1)(a) or the reminder notice served under subsection (2)(a) is deemed to have been served on the hirer by the enforcement officer and the hirer has, in respect of the infringement notice or the reminder notice, all the rights and obligations under the Summary Proceedings Act 1957 of a person so served.

          2. The rental service agreement may specify an administration fee that the rental company may charge to cover the cost of debiting the hirer's credit card.

          3. Any infringement fee for a particular offence that the rental company receives as a result of debiting the hirer's credit card must be paid to the issuing enforcement authority without delay.

          4. The rental company must refund the hirer any infringement fee for the particular offence that the hirer has received as a result of debiting the hirer's credit card if—

          5. the issuing enforcement authority decides not to continue the proceeding for the particular offence; or
            1. the reminder notice filed or deemed to have been filed in the District Court is withdrawn; or
              1. at a court hearing, the hirer is not found to be liable for the particular offence; or
                1. the fine for the particular offence is set aside by a determination of a court.

                  Notes
                  • Section 30(6)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).