Incorporated Societies Act 2022

Enforcement - Offences - Infringement offences

161: Proceedings for infringement offences

You could also call this:

"What to do if a society breaks the rules"

Illustration for Incorporated Societies Act 2022

If you think a society has broken the rules, you can take action. You can file a charging document under section 14 of the Criminal Procedure Act 2011. You can also give the society an infringement notice as provided in section 162. If you file a charging document, you do not need a District Court Judge or Registrar to agree. This is different from what is said in section 21(1)(a) of the Summary Proceedings Act 1957. If an infringement notice is given, the procedure to follow is in section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101054.

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160: Infringement offences, or

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Part 4Enforcement
Offences: Infringement offences

161Proceedings for infringement offences

  1. A society that is alleged to have committed an infringement offence may—

  2. be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be issued with an infringement notice as provided in section 162.
      1. Proceedings commenced in the way described in subsection (1)(a) do not require leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

      2. See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.