Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Offences

40C: Infringement offence alleged

You could also call this:

“What happens when someone is accused of breaking a minor rule”

If someone is said to have done something against the law called an infringement offence, there are two ways to deal with it. The first way is that a document can be filed in court to start a case against them. The second way is that they can be given a notice telling them about the offence.

Usually, someone needs to ask a judge for permission to file a document to start a court case. But if the Commission (a group that enforces this law) wants to start a case for an infringement offence, they don’t need to ask for this permission. They can just file the document to start the case.

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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.

Topics:
Business > Fair trading
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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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

“The government can give you a written warning if they think you broke the rules”

Part 5 Enforcement 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).