Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

139: Issue of infringement notice

You could also call this:

"Getting a ticket for breaking a road rule"

If you break a road rule, an enforcement officer might give you an infringement notice. This notice can be given to you in different ways, such as by attaching it to your vehicle or by giving it to you in person. It can also be sent to you by post or electronically.

You can be given an infringement notice if an enforcement officer thinks you have broken a road rule. The notice will tell you what you did wrong and what you need to do next. If you get an infringement notice, you might need to pay a fine or take some other action.

A parking warden can also give you an infringement notice if you break a road rule related to parking. They can give you the notice in person or send it to you by post or electronically. You can choose to pay the fine or go to court to argue your case, as outlined in the Criminal Procedure Act 2011.

If you are sent an infringement notice electronically, it is considered to have been sent to you when it first enters an information system that is outside the control of the enforcement officer. Your electronic address is the address you have given to an enforcement authority, or your last known electronic address.

A reminder notice can also be sent to you electronically, in addition to other ways, as outlined in section 21(2) of the Summary Proceedings Act 1957 and section 24(1) of that Act.

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


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Part 10Proceedings 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. Repealed
                          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): repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                              • 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).