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Employment Relations Act 2000

General provisions - Infringement offences

235DA: What infringement notice must contain

You could also call this:

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

If you get an infringement notice, it must include specific information to help you understand what happened and what to do next. The notice will tell you about the alleged offence, including when and where it happened. You’ll see how much the fine is and where to send the payment. The notice will explain how to pay the fine and by when you need to do it.

The notice will also include a summary of a part of the Summary Proceedings Act 1957. This is important because it tells you about your rights. You’ll see that you have the right to ask for a hearing if you want to challenge the notice. The notice will also explain what happens if you don’t pay the fine or ask for a hearing.

The department’s address will be on the notice so you know where to send any correspondence. There might be other details included as well, depending on what the regulations say should be in the notice.

Remember, this notice is designed to give you all the information you need to understand the situation and decide what to do next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS936019.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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235D: Revocation of infringement notice before payment made, or

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

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235DB: How infringement notice may be served, or

“The law explains different ways a person can be given a notice about breaking a rule at work.”

Part 11 General provisions
Infringement offences

235DAWhat infringement notice must contain

  1. An infringement notice must be in the form prescribed in regulations made under section 237 and must contain the following particulars:

  2. details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
    1. the amount of the infringement fee:
      1. the address of the department:
        1. how the infringement fee may be paid:
          1. the time within which the infringement fee must be paid:
            1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:
              1. a statement that the person served with the notice has a right to request a hearing:
                1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
                  1. any other matters prescribed in the regulations.

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