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Planning Bill

Enforcement and other matters - Enforcement - Infringement offences

266: Revocation of infringement notice before payment made

You could also call this:

"The enforcement officer can cancel your infringement notice before you pay."

Illustration for Planning Bill

If you get an infringement notice, the enforcement officer can cancel it before you pay the fee. They can also cancel it before a court orders you to pay a fine under the Summary Proceedings Act 1957. The officer must tell you that your notice has been cancelled. If the enforcement officer cancels your infringement notice before you pay, it does not stop them from taking further action against you. This is as described in section 263(1)(a) or (b) for the same matter. You can still face action even if your notice is cancelled. The enforcement officer must make sure you know your notice has been cancelled. They have to take reasonable steps to inform you. This is an important part of the process if you get an infringement notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530779.

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Part 6Enforcement and other matters
Enforcement: Infringement offences

266Revocation of infringement notice before payment made

  1. The enforcement officer may revoke an infringement notice before—

  2. the infringement fee is paid; or
    1. 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.
      1. The enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.

      2. The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 263(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.