Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Infringement offences

139: Revocation of infringement notice

You could also call this:

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

If you get an infringement notice for breaking health and safety rules, the regulator can take it back. They can do this before you pay the fine or before a court orders you to pay. The regulator can only take back the notice if they do it in writing. They need to tell you that they’re cancelling the notice. This is called revoking the infringement notice.

Remember, the regulator can only revoke the notice before you pay or before the court gets involved. If you’ve already paid or if the court has ordered you to pay, it’s too late for the regulator to take back the notice.

To revoke the notice, the regulator must give you a written message. This message needs to say clearly that your infringement notice is being revoked. This is how they officially cancel the notice.

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 It might be out of date or be missing some parts.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=DLM5977111.

Topics:
Work and jobs > Workplace safety
Crime and justice > Criminal law
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138: Infringement notices, or

“Getting a warning or ticket for minor rule breaches”

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140: Payment of infringement fees, or

“Infringement fees for health and safety violations go to the government”

Part 4 Enforcement and other matters
Infringement offences

139Revocation of infringement notice

  1. The regulator may revoke an infringement notice issued under section 138 before the infringement fee is paid or 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.

  2. An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.

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