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Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

141: Provisions relating to infringement fees

You could also call this:

“Rules about paying fines for breaking road rules”

When you commit an infringement offence, you need to pay a fee. The amount you pay is set by the law for each specific offence. If you pay the fee to someone other than the police, they must tell the Police Commissioner about it.

Usually, the money from these fees goes to the government. However, the people collecting the fees can keep some of it to cover their costs. The Minister of Finance decides how much they can keep.

Some groups, like the Agency, the Director, or local authorities, can keep more of the fees they collect. This includes fees for using special vehicle lanes. Road controlling authorities can keep all the fees from certain parking offences and towing fees.

The government will pay road controlling authorities some of the money from other infringement fees. This is for offences that break the authority’s rules but aren’t against any other laws.

The Minister of Finance can decide that different groups can keep different amounts of the fees. They can also decide this for different types of offences.

For this law, ‘road controlling authority’ also includes airport authorities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435158.

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Part 10 Proceedings enforcing responsibilities
Infringement offences

141Provisions relating to infringement fees

  1. The infringement fee payable in respect of an infringement offence is the appropriate infringement fee prescribed in respect of the relevant offence by or under this Act.

  2. If an infringement fee is paid to an enforcement authority other than the Police, the enforcement authority must give the Commissioner the particulars of the infringement and of the payment that the Commissioner requires.

  3. Subject to subsections (4) and (5), all infringement fees received under this Act by an enforcement authority or recovered under the Summary Proceedings Act 1957 must be paid into a Crown Bank Account, except that the enforcement authority may retain any portion of the fees so received that the Minister of Finance from time to time approves as being the expenses incidental to their collection.

  4. An enforcement authority that is the Agency, the Director, or a local authority may retain the portion of the infringement fees received by it under this Act—

  5. that the Minister of Finance from time to time approves; and
    1. that is received in respect of an infringement offence in relation to the use of a special vehicle lane.

      1. An enforcement authority that is a road controlling authority may retain—

      2. all infringement fees that it receives in respect of offences that involve—
        1. parking in breach of a bylaw of the road controlling authority on any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the road controlling authority; or
          1. parking on any other portion of a road in breach of a bylaw of the road controlling authority that prohibits parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by the road controlling authority; and
          2. all towage fees received by it; and
            1. the portion of all other infringement fees received by it that the Minister of Finance from time to time approves.

              1. The Commissioner must from time to time, out of money appropriated by Parliament for the purpose, pay to a road controlling authority the portions of the infringement fees (other than towage fees) that the Minister of Finance from time to time approves and that the Commissioner receives in respect of other offences that involve breaches of the road controlling authority's bylaws (not being offences that are also offences against an Act or a regulation).

              2. For the purposes of subsections (4) and (5), the Minister of Finance may approve the retention of different portions for road controlling authorities or enforcement authorities and different categories of infringement offences.

              3. For the purposes of this section, road controlling authority includes an airport authority.

              Notes
              • Section 141: substituted, on , by section 77 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
              • Section 141(4): amended, on , by section 109 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).