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New Zealand law explained for everyone

Animal Welfare Act 1999

Offences - Infringement offences

162: Infringement notices

You could also call this:

"A fine you might get for being cruel to an animal, called an infringement notice"

If you do something wrong to an animal, an inspector might think you have committed an infringement offence. They can then give you an infringement notice. This notice can be given to you in person or sent to you by post.

When you get an infringement notice, it must have certain information on it. This includes what you are supposed to have done wrong, how much you have to pay, and where you can pay it. It also tells you how long you have to pay the fee and what might happen if you do not pay it. The notice will also tell you about your right to ask for a hearing and what section 21(10) of the Summary Proceedings Act 1957 says.

If you get an infringement notice, the person who gave it to you can still take you to court. They can do this by following section 21 of the Summary Proceedings Act 1957. This means you might have to go to court even if you got an infringement notice.

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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=DLM51911.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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161: Infringement offences, or

"Breaking animal welfare rules can lead to fines or court"

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163: Payment of infringement fees, or

"Paying a fine for breaking animal welfare rules"

Part 8Offences
Infringement offences

162Infringement notices

  1. If an inspector has reasonable cause to believe that a person has committed an infringement offence, an infringement notice may be issued to that person by the inspector.

  2. An infringement notice may be served—

  3. by delivering it personally to the person who appears to have committed the infringement offence; or
    1. by sending it by post addressed to the person at the person's last known place of residence or business.

      1. An infringement notice sent to a person by post under subsection (2)(b) is to be treated as having been served on the person when it was so posted.

      2. An infringement notice must be in the prescribed form and must contain the following particulars:

      3. such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
        1. the amount of the infringement fee (being an amount not exceeding $1,000 prescribed by regulations made under this Act); and
          1. the address or addresses at which the infringement fee may be paid; and
            1. the time within which the infringement fee may be paid; and
              1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                1. a statement of the right of the person served with the notice to request a hearing; and
                  1. a statement of the consequences if the person served with the notice does not pay the fee and does not request a hearing; and
                    1. such other particulars as are prescribed.

                      1. If an infringement notice has been issued under this section, proceedings in respect of 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 the necessary modifications.

                      Notes
                      • Section 162(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 162(4)(b): replaced, on , by section 59 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).