Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Infringement offences

515: Procedural requirements for infringement notices

You could also call this:

"Rules for giving and dealing with infringement notices"

Illustration for Financial Markets Conduct Act 2013

If you get an infringement notice, it can be given to you in person or sent to you by post. The notice will be treated as received by you on the date it was posted. You will know it has been sent to your last known address.

An infringement notice must include important details, such as what you are alleged to have done wrong, when and where it happened, and how much you have to pay. It must also tell you where to pay the fee, when you have to pay it by, and what happens if you do not pay. The notice will include a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957, which explains your rights.

If you get an infringement notice, you have the right to request a hearing, and the notice must tell you this. It must also explain what will happen if you do not pay the fee or request a hearing. If you do not respond to the notice, proceedings can be started against you, and this will be done in accordance with section 21 of the Summary Proceedings Act 1957.

If you are sent a reminder notice, it must contain the prescribed information. This is to make sure you have all the details you need to know what to do next. You should be aware of what the notice says and what you have to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091745.


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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."


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516: Payment of infringement fee, or

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Part 8Enforcement, liability, and appeals
Infringement offences

515Procedural requirements for infringement notices

  1. An infringement notice may be served on a person—

  2. by delivering it, or a copy of it, personally to the person who the FMA believes has committed the infringement offence; 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.
      1. An infringement notice sent under subsection (1)(b) must be treated as having been served on the person on the date it was posted.

      2. An infringement notice must be in the prescribed form and must contain—

      3. details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
        1. the amount of the infringement fee; and
          1. an address at which the infringement fee may be paid; and
            1. the time within which the infringement fee must be paid; and
              1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                1. a statement that the person served with the notice has a right to request a hearing; and
                  1. a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
                    1. any other prescribed matters.
                      1. If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—

                      2. reminder notices may be prescribed; and
                        1. in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.
                          1. Reminder notices must contain the prescribed information.