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Residential Tenancies Act 1986

Administration - Infringement offences

126F: How infringement notice may be served

You could also call this:

“The different ways a notice can be given to someone who might have broken the rules”

You can receive an infringement notice in several ways if the chief executive thinks you have broken the rules. They might hand it to you directly or make sure you see it if you don’t want to take it. If they can’t give it to you in person, they can leave it at your home with someone who looks at least 14 years old. They can also leave it at your work with another person. If these options don’t work, they can send it to your home or work address by mail. If you don’t have a known address in New Zealand, they can send it to your email or another electronic address.

When the notice is sent by mail, it’s considered delivered 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 an information system that the chief executive doesn’t control.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453497.

Topics:
Housing and property > Renting
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126E: What infringement notice must contain, or

“The notice must explain the rule you broke, how much to pay, and what happens next.”

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126G: Payment of infringement fees, or

“Money from fines for breaking rules goes to the government”

Part 4 Administration
Infringement offences

126FHow infringement notice may be served

  1. An infringement notice may be served on the person who the chief executive believes is committing or has committed the 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:
              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 enters an information system that is outside the control of the chief executive.

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