Freedom Camping Act 2011

Enforcement, miscellaneous, and transitional provisions - Proceedings

27A: How to serve infringement notices

You could also call this:

“How to give someone a ticket for breaking freedom camping rules”

When someone breaks a freedom camping rule, they might get an infringement notice. This notice can be given to them in different ways:

You can get the notice handed to you directly if you’re the person who broke the rule, or if you’re the registered owner of the vehicle involved.

The notice can be sent to your email address.

It can be mailed to your home or work address.

If you have a land transport document (like a driver’s licence), it can be sent to the address you gave for that document.

If a vehicle was used in breaking the rule, the notice can be attached to that vehicle.

When the notice is sent by email, it’s considered delivered when it reaches your email system. If it’s sent by post, it’s considered delivered when it would normally arrive in the mail. If it’s attached to your vehicle, it’s considered delivered when it’s put on the vehicle.

An “information system” means any system that can send, receive, store, or show electronic messages.

A “land transport document” is an official paper (like a licence or permit) given under the Land Transport Act 1998, the Road User Charges Act 2012, or the Government Roading Powers Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS855102.

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27: Who may serve infringement notices, or

“Who can give out tickets for breaking freedom camping rules”


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27B: Form of infringement notices, or

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Part 3 Enforcement, miscellaneous, and transitional provisions
Proceedings

27AHow to serve infringement notices

  1. An infringement notice may be served—

  2. by delivering it, or a copy of it, to the person—
    1. who appears to have committed the infringement offence; or
      1. who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998; or
      2. by sending it, or a copy of it, by email to the person at an email address that is used by the person; or
        1. by sending it, or a copy of it, by post, addressed to the person at the person’s last known place of residence or business; or
          1. if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at their last address provided for the purposes of that document; or
            1. if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.
              1. For the purposes of the Summary Proceedings Act 1957,—

              2. an infringement notice sent to a person by email under subsection (1)(b) is to be treated, unless the contrary is shown, as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer:
                1. an infringement notice sent to a person by post under subsection (1)(c) or (d) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:
                  1. an infringement notice attached to a vehicle under subsection (1)(e) is to be treated as having been served when it is attached to the vehicle.
                    1. In this section,—

                      information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications

                        land transport document means a licence, permit, approval, authorisation, exemption, certificate, or similar document issued under one of the following Acts:

                        1. the Land Transport Act 1998:
                          1. the Road User Charges Act 2012:
                            1. the Government Roading Powers Act 1989.

                            Notes
                            • Section 27A: inserted, on , by section 25 of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).