Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Infringement offences

514: Infringement notices

You could also call this:

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

Illustration for Financial Markets Conduct Act 2013

The FMA can give you an infringement notice if they think you are breaking a rule. They must have good reasons to think you are breaking the rule. The FMA can take back the infringement notice before you pay the fee or a court orders you to pay a fine under section 21 of the Summary Proceedings Act 1957.

If the FMA wants to take back the notice, they must tell you in writing that it is cancelled. You will know the notice is revoked when you get this written notice. The FMA will send this notice to you, the person who got the infringement notice.

The FMA has the power to decide whether to take back an infringement notice. They can make this decision before anything else happens with the notice. You will be told what is happening with your infringement notice.

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This page was last updated on 15 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091744.

Topics:

Money and consumer rights > Banking and loansBusiness > Industry rulesBusiness > Fair trading

513: Infringement offences, or

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

515: Procedural requirements for infringement notices, or

"Rules for giving and dealing with infringement notices"

Part 8Enforcement, liability, and appeals
Infringement offences

514Infringement notices

The FMA may issue an infringement notice to a person if the FMA believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
The FMA may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.