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Employment Relations Act 2000

General provisions - Infringement offences

235D: Revocation of infringement notice before payment made

You could also call this:

“Labour inspectors can cancel a fine before it's paid, but they must tell you if they do.”

A Labour Inspector can cancel an infringement notice if you haven’t paid the fee yet or if a court hasn’t ordered you to pay a fine. This cancellation can happen at any time before these actions occur.

If the Labour Inspector cancels the notice, they need to make sure you know about it. They should try their best to let you know that the notice is no longer valid.

Even if the infringement notice is cancelled before you pay the fee, this doesn’t mean you’re completely off the hook. The Labour Inspector can still take other actions against you for the same issue that led to the original notice.

Remember, if the notice mentions section 21 of the Summary Proceedings Act 1957, that’s the law that deals with how courts handle fines for infringement notices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803826.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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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.”

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235DA: What infringement notice must contain, or

“A notice about breaking the rules must explain what you did wrong, how much you have to pay, and what happens next.”

Part 11 General provisions
Infringement offences

235DRevocation of infringement notice before payment made

  1. A Labour Inspector may revoke an infringement notice before—

  2. the infringement fee is paid; or
    1. an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

      1. The Labour Inspector must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.

      2. The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter.

      Notes
      • Section 235D: replaced, on , by section 21 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).