Residential Tenancies Act 1986

Administration - Infringement offences

126B: Proceedings for infringement offences

You could also call this:

“This explains how someone can be dealt with if they break the rules in a small way.”

If you’re said to have done something wrong that’s called an infringement offence, there are two ways this can be handled. First, someone can file a charging document against you. This is done under section 14 of the Criminal Procedure Act 2011. Second, you might get an infringement notice, which is explained in section 126C.

If someone starts proceedings against you by filing a charging document, they don’t need to get special permission from a District Court Judge or Registrar. This is different from what section 21(1)(a) of the Summary Proceedings Act 1957 usually requires.

If you get an infringement notice, there’s a specific way things will happen after that. You can find out more about this process in section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453493.

Topics:
Housing and property > Renting
Crime and justice > Criminal law
Crime and justice > Courts and legal help

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126A: Interpretation, or

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126C: When infringement notice may be issued, or

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Part 4 Administration
Infringement offences

126BProceedings for infringement offences

  1. A person who is alleged to have committed an infringement offence may—

  2. be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be issued with an infringement notice under section 126C.
      1. Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

      2. See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

      Notes
      • Section 126B: inserted, on , by section 70 of the Residential Tenancies Amendment Act 2020 (2020 No 59).