Part 10Proceedings enforcing responsibilities
Infringement offences
140Contents of infringement and reminder notices
An infringement notice must be in the form prescribed by regulations made under this Act and must contain—
- details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
- in the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and
- in the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
- the amount of the infringement fee specified in respect of that offence; and
- the address of the place at which the infringement fee may be paid; and
- the time within which the infringement fee may be paid; and
- a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
- in the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133 of this Act; and
- in the case of an alleged infringement offence that is a stationary vehicle offence, an outline of the process under section 133A for transferring liability in relation to the alleged offence; and
- a statement of the right of the person served with the notice to request a hearing; and
- a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
- any other particulars as are prescribed.
For the purposes of subsection (1)(a) and (b), in the case of a speeding offence where the person issuing the infringement notice relies on section 146A,—
- the place of the offence is the length of road between the 2 detection points in relation to which the point-to-point average speed system operated; and
- the time of the offence is the whole time during which the vehicle was travelling between the 2 detection points; and
- the speed at which it is alleged the driver was travelling is the average speed calculated under section 146A; and
- if more than 1 speed limit applies between the 2 detection points, the applicable speed limit is the average weighted speed limit calculated under section 146B.
A reminder notice must—
- be in the form prescribed by regulations made under this Act; and
- include the same particulars, or substantially the same particulars, as the infringement notice; and
- in the case of an offence to which demerit points apply, include a statement that demerit points apply to the alleged offence; and
- in the case of an alleged infringement offence that is a stationary vehicle offence, include a summary of the provisions of section 133A.
Different forms of infringement notices and reminder notices may be prescribed for different kinds of infringement offences.
Notes
- Section 140: replaced, on , by section 16 of the Land Transport Amendment Act 2011 (2011 No 31).
- Section 140(1)(ha): inserted, on , by section 97 of the Land Transport Amendment Act 2017 (2017 No 34).
- Section 140(1A): inserted, on , by section 27 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
- Section 140(2)(c): amended, on , by section 7(1) of the Land Transport Amendment Act 2015 (2015 No 17).
- Section 140(2)(d): inserted, on , by section 7(2) of the Land Transport Amendment Act 2015 (2015 No 17).