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Fair Trading Act 1986

Enforcement and remedies - Offences

40H: Regulations relating to infringement offences

You could also call this:

“Rules for handling smaller law-breaking cases”

The Governor-General can make rules about infringement offences if the Minister recommends it. These rules can do three things:

First, they can say what infringement notices and reminder notices should look like.

Second, they can say what important information needs to be in these notices.

Third, they can set how much the infringement fee will be.

These rules are called secondary legislation. This means they need to follow certain rules about how they are published, which you can find in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156688.

Topics:
Crime and justice > Criminal law
Business > Fair trading
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40G: Effect of infringement notice, or

“An infringement notice protects you from getting a criminal record”

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41: Injunctions may be granted by court for contravention of Part 1, Part 2, Part 3, and Part 4, or

“The court can stop people from breaking the Fair Trading Act rules”

Part 5 Enforcement and remedies
Offences

40HRegulations relating to infringement offences

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the following purposes:

  2. prescribing the form of infringement notices and reminder notices:
    1. prescribing any matters that must be included in those notices:
      1. prescribing the amount of the infringement fee.

        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 40H: inserted, on , by section 29 of the Fair Trading Amendment Act 2013 (2013 No 143).
        • Section 40H(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).