Fair Trading Act 1986

Enforcement and remedies - Offences

40C: Infringement offence alleged

You could also call this:

"What happens if you're accused of breaking a rule under the Fair Trading Act"

Illustration for Fair Trading Act 1986

If you are alleged to have committed an infringement offence, you may either be taken to court by filing a charging document under section 14 of the Criminal Procedure Act 2011, or be served with an infringement notice. You will know what you are alleged to have done and what you can do about it. The rules about how this happens are set out in the law. If the Commission starts court proceedings against you for an infringement offence, they do not need special permission from a District Court Judge or Registrar to file a charging document under the Criminal Procedure Act 2011. This is different from what normally happens. The Commission can start the court process without getting extra approval. You can find more information about the laws that apply to your situation by looking at the relevant acts, such as the Summary Proceedings Act 1957 and the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156682.

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40B: Infringement offence, etc, defined, or

"What are infringement offences and how much do they cost?"


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40D: Issue of infringement notice, or

"Getting a notice for breaking the law"

Part 5Enforcement and remedies
Offences

40CInfringement offence alleged

  1. If a person is alleged to have committed an infringement offence, the person may either—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice.
      1. Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the Commission commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.

      Compare
      Notes
      • Section 40C: inserted, on , by section 29 of the Fair Trading Amendment Act 2013 (2013 No 143).