Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

141: Provisions relating to infringement fees

You could also call this:

"Rules about paying fines when you break road rules"

When you break a road rule, you might get an infringement fee. The fee you pay is the one set by the Land Transport Act for that rule. You pay this fee to an enforcement authority, like the Police.

If you pay the fee to someone other than the Police, they must tell the Commissioner about it. The Commissioner is in charge of the Police. The enforcement authority must give the Commissioner the details of the infringement and the payment.

Most of the infringement fees go into a Crown Bank Account. But the authority that got the fee can keep some of it to cover their costs. They can only keep the amount that the Minister of Finance says they can.

Some authorities, like road controlling authorities, can keep all of the fees for certain offences. These offences include parking in the wrong place or for too long. The Minister of Finance decides how much of the fees they can keep.

The Commissioner must pay some of the fees to the road controlling authorities. This is for offences that break their rules, like parking rules. The Minister of Finance decides how much they get.

You can find more information about how fees are handled under the Summary Proceedings Act 1957. The Minister of Finance can approve different amounts for different authorities and offences. This means that different road controlling authorities might keep different amounts of the fees.

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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 10Proceedings 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. Repealed
              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).
              • Section 141(8): repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).