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Employment Relations Act 2000

General provisions - Infringement offences

235B: Infringement offences

You could also call this:

“Rules about how people can be punished for small law-breaking at work”

If you’re accused of an infringement offence, there are two ways it can be dealt with. First, someone can file a charging document against you under section 14 of the Criminal Procedure Act 2011. Second, you might be given an infringement notice under section 235C.

If they choose the first way and file a charging document, they don’t need to get special permission from a District Court Judge or Registrar. This is different from some other types of cases.

If you get an infringement notice, there’s a special process to follow. You can find out more about this process in section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803824.

Topics:
Crime and justice > Criminal law
Work and jobs > Worker rights
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235A: Interpretation, or

“This part explains what special words mean in the rules about small law breaks by employers.”

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235C: When infringement notice may be issued, or

“A special inspector can give you a ticket if they think you broke the rules at work.”

Part 11 General provisions
Infringement offences

235BInfringement offences

  1. If a person is alleged to have committed an infringement offence, the person may—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be issued with an infringement notice under section 235C.

      1. Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

      2. See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

      Notes
      • Section 235B: inserted, on , by section 36 of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 235B(1)(b): replaced, on , by section 20(1) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
      • Section 235B(2): amended, on , by section 20(2) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
      • Section 235B(3): inserted, on , by section 20(3) of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).