Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Offences - Infringement offences

153: Infringement notices

You could also call this:

"Getting a fine: what happens when you break a rule"

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If you break a rule, an authorised person can give you an infringement notice. They can give it to you in person or send it to your home or work address. You are considered to have received the notice when it is posted. An infringement notice must include details of what you did wrong, the time and place, and how much you have to pay. It must also tell you how to pay, when to pay, and what happens if you do not pay. The notice will include a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957 and a statement that you have the right to request a hearing. If you get an infringement notice, the person who gave it to you must follow a certain procedure, which is outlined in section 21 of the Summary Proceedings Act 1957. This procedure tells you what happens next and what you can do. You have the right to request a hearing and to know what will happen if you do not pay the fee or request a hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888415.

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Part 4Miscellaneous and enforcement provisions
Offences: Infringement offences

153Infringement notices

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

  2. The authorised person may—

  3. deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence; or
    1. send the notice by post addressed to that person’s last known place of residence or business or postal address.
      1. An infringement notice (or a copy of it) sent by post to a person is to be treated as having been served on that person when it was posted.

      2. An infringement notice and infringement offence reminder notice must be in the prescribed form and must contain the following particulars:

      3. the details of the alleged infringement offence that are sufficient to inform a person of the time, place, and nature of the alleged offence; and
        1. the amount of the infringement fee; and
          1. in relation to the payment of the infringement fee,—
            1. the bank account into which the infringement fee may be paid; or
              1. the address of the place at which the infringement fee may be paid; and
              2. 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 and the authorised person wishes to proceed, the procedure under section 21 of the Summary Proceedings Act 1957 must 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.