Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Enforcement and remedies - Offences

40D: Issue of infringement notice

You could also call this:

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

The Commission has the power to give you an infringement notice if they think you’re breaking the law or have broken it. They can only do this if they haven’t already given you a notice or started legal action for the same thing.

If the Commission gives you an infringement notice, they can take it back before you pay the fine. They can also take it back before a court orders you to pay or is treated as having ordered you to pay.

To cancel an infringement notice, the Commission must tell you in writing that they’re taking it back.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
Previous

40C: Infringement offence alleged, or

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

Next

40E: Procedural requirements for infringement notices, or

“Rules for giving you a notice if you break a Fair Trading rule”

Part 5 Enforcement 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.

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