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Fair Trading Act 1986

Enforcement and remedies - Offences

40D: Issue of infringement notice

You could also call this:

"Getting a notice for breaking the law"

Illustration for Fair Trading Act 1986

The Commission can give you an infringement notice if they think you are breaking the law. They must believe you are breaking the law for a good reason. They can only give you the notice if you have not already been charged with the offence. The Commission can cancel the infringement notice before you pay the fine. They can do this before a court orders you to pay the fine under section 21 of the Summary Proceedings Act 1957. The Commission cancels the notice by sending you a written note saying it is cancelled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156683.

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40C: Infringement offence alleged, or

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

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40E: Procedural requirements for infringement notices, or

"Rules for Giving and Dealing with Infringement Notices"

Part 5Enforcement and remedies
Offences

40DIssue of infringement notice

  1. The Commission may issue an infringement notice to a person if—

  2. the Commission believes on reasonable grounds that the person is committing, or has committed, an infringement offence; and
    1. no information for that offence has been laid against, and no infringement notice has been issued to, the person in relation to the conduct alleged to be an infringement offence.

      1. The Commission may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

      2. An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.

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