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Deposit Takers Act 2023

Enforcement - Infringement offences

170: Revocation of infringement notice before payment made

You could also call this:

"The bank can cancel a fine notice before you pay it and must tell you if they do."

Illustration for Deposit Takers Act 2023

If you get an infringement notice, the Bank can cancel it before you pay the fee. The Bank can also cancel it before a court orders you to pay a fine under section 21 of the Summary Proceedings Act 1957. The Bank must tell you that your notice has been cancelled.

If the Bank cancels your infringement notice before you pay, it does not stop them from taking further action against you. This action can be the same as what is described in section 168(1)(a) or (b). The Bank can still take action against you for the same thing that the original notice was for.

The Bank must make sure you know that your notice has been cancelled by taking reasonable steps to inform you. This is so you are aware that the notice is no longer valid. You will be told that the infringement notice has been revoked.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS580671.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rules
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169: When infringement notice may be issued, or

"When the Bank can give you a notice for breaking a rule"

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171: What infringement notice must contain, or

"What information must be in a fine notice to help you understand what to do"

Part 5Enforcement
Infringement offences

170Revocation of infringement notice before payment made

  1. The Bank 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 Bank 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 168(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.