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Health and Safety at Work Act 2015

Enforcement and other matters - Infringement offences

138: Infringement notices

You could also call this:

“Getting a warning or ticket for minor rule breaches”

If the regulator thinks you have broken a minor rule, they can give you an infringement notice. This is like a warning or a ticket. The regulator can hand it to you or send it to your home or work by post. If they send it by post, it counts as given to you when they put it in the mail.

The notice must follow a special form and tell you important things. It will say what rule you broke, when and where it happened. It will also tell you how much you need to pay (the infringement fee), where to pay it, and by when. The notice will explain your rights, like asking for a hearing. It will also say what happens if you don’t pay or ask for a hearing.

The notice will mention section 21(10) of the Summary Proceedings Act 1957. This is another law that explains more about infringement notices.

After you get an infringement notice, the process described in section 21 of the Summary Proceedings Act 1957 can be used. This law explains what happens next and how the process works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977110.

Topics:
Work and jobs > Workplace safety
Crime and justice > Criminal law
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137: Proceedings for infringement offence, or

“How legal action is taken for breaking health and safety rules”

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139: Revocation of infringement notice, or

“Cancelling a health and safety fine before payment or court action”

Part 4 Enforcement and other matters
Infringement offences

138Infringement notices

  1. The regulator may issue an infringement notice to a person if the regulator believes on reasonable grounds that the person is committing, or has committed, an infringement offence.

  2. The regulator may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person's last known place of residence or business.

  3. An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.

  4. An infringement notice must be in the prescribed form and must contain the following particulars:

  5. such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
    1. the amount of the infringement fee; and
      1. the address of the place at which the infringement fee may be paid; and
        1. the time within which the infringement fee must be paid; and
          1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
            1. a statement that the person served with the notice has a right to request a hearing; and
              1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
                1. any other particulars that may be prescribed.

                  1. If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications.

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