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Summary Offences Act 1981

Infringement offences

38B: Commission of infringement offence

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"What happens if you break a rule and get in trouble with the law?"

Illustration for Summary Offences Act 1981

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 38C. You can only be dealt with in one of these two ways. If you are arrested under section 39, you cannot be served with an infringement notice under section 38C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53721.

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38A: Infringement offences, or

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38BCommission of infringement offence

  1. Where any person is alleged to have committed an infringement offence, that person 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 38C.

      1. No person arrested under section 39 may be served with an infringement notice under section 38C.

      Notes
      • Section 38B: inserted, on , by section 126 of the Sale of Liquor Amendment Act 1999 (1999 No 92).
      • Section 38B(1)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).