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Waste Minimisation Act 2008

Offences and enforcement - Infringement offences

74: Issue and service of infringement notices

You could also call this:

"Getting a fine for breaking waste rules: what happens next"

Illustration for Waste Minimisation Act 2008

If you do something wrong under the Waste Minimisation Act, an enforcement officer can give you an infringement notice. The officer can do this if they see you doing something wrong or if they have a good reason to think you did something wrong. They can give you the notice in person or send it to your home or work.

When the notice is sent to you by post, it is considered served when it is posted. The notice must have certain information on it, such as what you did wrong, how much you have to pay, and where to pay it. It must also tell you about your rights, including the right to a hearing, and what will happen if you do not pay or ask for a hearing.

If you get an infringement notice, the rules about what happens next are in section 21 of the Summary Proceedings Act 1957. The notice must explain how you can request a hearing and what will happen if you do not pay the fee or ask for a hearing. You should read the notice carefully to understand what you need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154659.

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Environment and resources > ConservationCrime and justice > Police and safety
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Part 5Offences and enforcement
Infringement offences

74Issue and service of infringement notices

  1. An infringement notice may be issued to a person if an enforcement officer—

  2. observes the person committing an infringement offence; or
    1. has reasonable cause to believe that an infringement offence is being or has been committed by the person.

      1. An infringement notice may be served—

      2. by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence; or
        1. by post addressed to the person’s last known place of residence or business.

          1. An infringement notice sent to a person under subsection (2)(b) must be treated as having been served on the person when it was posted.

          2. An infringement notice must be in the prescribed form and must contain the following particulars:

          3. details of the alleged infringement offence sufficient to fairly inform a person of the time, place, and nature of the alleged offence:
            1. the amount of the infringement fee specified for the offence:
              1. the time within which the infringement fee must be paid:
                1. the address of the place at which the infringement fee must be paid:
                  1. a summary of section 21(10) of the Summary Proceedings Act 1957:
                    1. a statement that the person served with the notice has a right to request a hearing:
                      1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
                        1. any other particulars that are prescribed.

                          1. If an infringement notice has been served under this section,—

                          2. proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and
                            1. the provisions of that section apply with all necessary modifications.

                              Notes
                              • Section 74(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).