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Reserves Act 1977

Miscellaneous provisions - Infringement offences

105J: Proceedings for infringement offences

You could also call this:

"What happens if you break a rule and might have to go to court"

Illustration for Reserves Act 1977

If you are alleged to have committed an infringement offence, you may either be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011 or be served with an infringement notice under section 105L. You will know which one is happening to you because one is a formal court document and the other is a notice. If you get an infringement notice, the court case can start following the rules in section 21 of the Summary Proceedings Act 1957.

If the court case starts after you get an infringement notice, the rules from section 21 of the Summary Proceedings Act 1957 will be used, but they might be changed slightly to fit your situation. This means the court will follow those rules to decide what happens next. You will have to follow the court's rules and decisions.

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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=LMS149447.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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Part 5Miscellaneous provisions
Infringement offences

105JProceedings for infringement offences

  1. A person who is alleged to have committed an infringement offence may either—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice under section 105L.

      1. If an infringement notice has been issued under section 105L, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

      Notes
      • Section 105J: inserted, on , by section 41 of the Conservation (Infringement System) Act 2018 (2018 No 61).