Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

139: Issue of infringement notice

You could also call this:

“How you might get a notice if you break a transport rule”

If an enforcement officer thinks you’ve committed an infringement offence, they can give you an infringement notice. They can do this in different ways:

They can put the notice on your vehicle.

They can give it to you in person.

They can give it to the person who seems to be in charge of the vehicle.

They can send it to you by post or email.

If you have a land transport document, they can send it to the address you gave for that document.

The notice is considered served (officially given to you) at different times depending on how it’s delivered:

If it’s put on your vehicle or given to you in person, it’s served right away.

If it’s sent by post, it’s served when it would normally arrive in the mail.

If it’s sent by email, it’s served when it enters an information system outside the officer’s control.

Parking wardens can also give infringement notices for certain offences.

An electronic address means an email address you’ve given to an enforcement authority or your last known email address.

For some airport-related offences, airport authority officers can also be enforcement officers.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435155.

Previous

138: Infringement offences, or

"What happens if you're accused of breaking a minor traffic rule"

Next

139AAA: Infringement offence verified by automated infringement system, or

"Special camera system checks if you've broken road rules and sends you a notice"

Part 10 Proceedings enforcing responsibilities
Infringement offences

139Issue of infringement notice

  1. If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.

  2. An infringement notice may be served—

  3. by attaching it, or a copy of it, to the vehicle to which the notice relates; or
    1. by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
      1. by delivering it, or a copy of it, personally to the person who appears to be in charge of the vehicle to which the notice relates; or
        1. by sending it, or a copy of it, to the person who appears to have committed the infringement offence—
          1. by post addressed to the person at their last known place of residence or business or last known postal address; or
            1. by electronic means addressed to the person at their electronic address; or
            2. if the person is the holder of a land transport document, by serving it, or a copy of it, on that person—
              1. by post at the last address the person provided for service for the purposes of that land transport document; or
                1. by electronic means at their electronic address.

                2. An infringement notice that—

                3. is attached to a vehicle under subsection (2)(a) or personally delivered under subsection (2)(b) or (ba) must be treated as having been served on every person liable in respect of the alleged offence when it is attached to the vehicle or personally delivered:
                  1. is sent to a person by post under subsection (2)(c)(i) or (d)(i) must be treated as having been served on the person when it would have been delivered in the ordinary course of post:
                    1. is sent electronically to a person under subsection (2)(c)(ii) or (d)(ii) must, unless the contrary is shown, be treated as having been sent to, or served on, the person at the time the electronic communication containing the notice first enters an information system that is outside the control of the enforcement officer.

                      1. Repealed

                      2. Repealed

                      3. If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E,—

                      4. the user of the vehicle may be proceeded against for the alleged offence under the Criminal Procedure Act 2011; or
                        1. the parking warden may issue an infringement notice in respect of the alleged offence.

                          1. Despite section 24(1)(e) of the Summary Proceedings Act 1957, a reminder notice may be served on a person for the purposes of section 21(2) of that Act by serving the notice in accordance with subsection (2)(c)(ii) or (d)(ii) in addition to the other modes of service set out in section 24(1) of that Act and without otherwise limiting or affecting the operation of section 24 of that Act.

                          2. For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)(e) or (g) of the Airport Authorities Act 1966, enforcement officer includes officers appointed by an airport authority.

                          3. In this section, unless the context otherwise requires, electronic address, in relation to a person, means—

                          4. an electronic address that the person has given to an enforcement authority; or
                            1. otherwise, the person’s last known electronic address.

                              1. Repealed

                              2. Repealed

                              3. Repealed

                              4. Repealed

                              5. Repealed

                              6. Repealed
                              Notes
                              • Section 139(2)(ba): inserted, on , by section 96(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 139(2)(c): replaced, on , by section 25(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(2)(d): replaced, on , by section 25(1) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 139(3)(a): replaced, on , by section 96(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 139(3)(a): amended, on , by section 25(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(3)(b): amended, on , by section 25(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(3)(c): inserted, on , by section 25(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(4): repealed, on , by section 15 of the Land Transport Amendment Act 2011 (2011 No 31).
                              • Section 139(5): repealed, on , by section 15 of the Land Transport Amendment Act 2011 (2011 No 31).
                              • Section 139(6): added, on , by section 75 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 139(6)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 139(6A) heading: inserted, on , by section 25(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(6A): inserted, on , by section 25(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(7): added, on , by section 75 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 139(8): inserted, on , by section 25(6) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
                              • Section 139(8) heading: repealed, on , by section 139(13).
                              • Section 139(8): repealed, on , by section 139(13).
                              • Section 139(9): repealed, on , by section 139(13).
                              • Section 139(10): repealed, on , by section 139(13).
                              • Section 139(11): repealed, on , by section 139(13).
                              • Section 139(12): repealed, on , by section 139(13).
                              • Section 139(13): repealed, on , by section 139(13).