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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Infringement offences

513: Infringement offences

You could also call this:

"Breaking the law: what happens if you're accused of a minor offence"

Illustration for Financial Markets Conduct Act 2013

If you are alleged to have committed an infringement offence, you may be dealt with in two ways. You can be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011. Alternatively, you can be served with an infringement notice as provided in section 514.

If someone commences proceedings against you in the first way, they do not need permission from a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

You should know how these rules apply to you if you are alleged to have committed an offence, so you can understand what might happen next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091743.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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512: General offence for false or misleading statements, or

"Telling lies or giving wrong information in important documents is against the law"

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514: Infringement notices, or

"When the FMA thinks you've broken a rule, they can give you an infringement notice with a fee to pay."

Part 8Enforcement, liability, and appeals
Infringement offences

513Infringement offences

  1. If a person is alleged to have committed an infringement offence, that person may—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice as provided in section 514.

      1. Proceedings commenced in the way described in subsection (1)(a) do not require leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.