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Water Services Act 2021

Standards, enforcement, and other matters - Infringement offences

152: How infringement notice may be served

You could also call this:

"How you can be given an infringement notice"

Illustration for Water Services Act 2021

You can get an infringement notice in several ways. The chief executive or a compliance officer can give it to you in person. They can also leave it at your home with someone who is at least 14 years old, or at your work with another person. You can get an infringement notice by post to your home or work address. If you do not have a home or work address in New Zealand, you can get it sent to your electronic address. When you get an infringement notice by post, it is usually treated as received five working days after it was sent, unless proven otherwise. If it is sent to your electronic address, it is treated as received when it first enters a system outside the sender's control, this system is called an information system, which is a system for sending, receiving or storing electronic communications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS508860.

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151: When infringement notice may be issued, or

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153: What infringement notice must contain, or

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Part 3Standards, enforcement, and other matters
Infringement offences

152How infringement notice may be served

  1. The chief executive or a compliance officer may serve an infringement notice on the person alleged to have committed an infringement offence by—

  2. delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
    1. leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
      1. leaving it for the person at the person’s place of business or work with another person; or
        1. sending it to the person by prepaid post addressed to the person's last known place of residence or place of business or work; or
          1. sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.

            1. Unless the contrary is shown,—

            2. an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)(d) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
              1. an infringement notice sent to a valid electronic address under subsection (1)(e) is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the chief executive or the compliance officer.

                1. In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.