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Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

138: Infringement offences

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"Breaking road rules can lead to fines or court"

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If you are alleged to have committed an infringement offence, you may either be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011 or be served with an infringement notice as provided in section 139. You do not need a District Court Judge or Registrar's permission to file a charging document if the enforcement authority starts proceedings for an infringement offence. This is because of the Criminal Procedure Act 2011, which has different rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435154.

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Transport and travel > DrivingCrime and justice > Police and safetyCrime and justice > Courts and legal help
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Part 10Proceedings enforcing responsibilities
Infringement offences

138Infringement offences

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

  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 139.

      1. Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the enforcement authority commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.

      Notes
      • Section 138: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).