Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

General provisions - Infringement offences

235DB: How infringement notice may be served

You could also call this:

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

If a Labour Inspector thinks you have done something wrong that can result in an infringement notice, they can give you this notice in different ways. They can hand it to you directly or make sure you know about it if you don’t want to take it. They can also leave it at your home with someone who looks like they’re at least 14 years old, or at your work with another person. If they can’t give it to you in person, they can send it by mail to your home or work address. If you don’t have an address in New Zealand, they can send it to your email or another electronic address.

When the notice is sent by mail, it’s usually considered that you got it five working days after it was posted, unless you can prove otherwise. If it’s sent electronically, it’s considered delivered as soon as it reaches a computer system that you can access, but isn’t controlled by the government department sending it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS936023.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
Previous

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.”

Next

235DC: Reminder notices, or

“A reminder notice tells you again about a fine you got and must look just like the first notice.”

Part 11 General provisions
Infringement offences

235DBHow infringement notice may be served

  1. An infringement notice may be served on a person who the Labour Inspector believes is committing or has committed an infringement offence by—

  2. delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
    1. leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
      1. leaving it for the person at the person’s place of business or work with another person; or
        1. sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
          1. sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.

            1. Unless the contrary is shown,—

            2. an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
              1. an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the department.

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