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Incorporated Societies Act 2022

Enforcement - Offences - Infringement offences

165: How infringement notice may be served

You could also call this:

"How you can get an infringement notice if you break the rules"

Illustration for Incorporated Societies Act 2022

You can get an infringement notice if you break the rules. The notice can be given to you in a few ways. It can be delivered to your office or given to one of your employees. You can also get the notice by post, sent to your last known address. If you do not have a New Zealand address, it can be sent to your email. When it is sent by post or email, it must be addressed to one of your employees. If you get the notice, it is like you have been told officially. If it is sent by post, you are usually considered to have got it five working days after it was sent. If it is sent to your email, you are considered to have got it when the email arrives in your system.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS653919.

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Part 4Enforcement
Offences: Infringement offences

165How infringement notice may be served

  1. An infringement notice may be served on the society that the Registrar believes is committing or has committed the infringement offence by—

  2. delivering it to an officer or employee of the society at the society’s head office, principal place of business or work, or registered office, or by bringing it to the officer’s notice or the employee’s notice if that person refuses to accept it; or
    1. sending it to the society by prepaid post addressed to the society’s last known place of business or work; or
      1. sending it to an electronic address of the society in any case where the society does not have a known place of business or work in New Zealand.

        1. An infringement notice (or a copy of it) sent in accordance with subsection (1)(b) or (c) must be sent for the attention of an officer or employee of the society.

        2. An infringement notice (or a copy of it) served in accordance with this section is to be treated as having been served on the society concerned.

        3. Unless the contrary is shown,—

        4. an infringement notice (or a copy of it) sent by prepaid post to a society under subsection (1)(b) is to be treated as having been served on that society on the fifth working day after the date on which it was posted; and
          1. an infringement notice sent to a valid electronic address of a society under subsection (1)(c) is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the Registrar.