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Deposit Takers Act 2023

Enforcement - Infringement offences

172: How infringement notice may be served

You could also call this:

"How you can get an infringement notice from the Bank"

Illustration for Deposit Takers Act 2023

If you get an infringement notice, the Bank can give it to you in several ways. They can deliver it to you in person, or leave it at your home with someone who is at least 14 years old. They can also leave it at your workplace with someone else, or send it to you by post. If you are a company, they can give the notice to one of your directors or employees. The Bank can also send the notice to your email address if you do not have a known address in New Zealand.

If the Bank sends the notice by post, it is considered served on the fifth working day after it was posted, unless proven otherwise. If they send it to your email address, it is considered served when the email first arrives in your inbox, outside of the Bank's control. The Bank must make sure that if they send the notice to a company by post or email, it is addressed to one of the company's directors or employees.

The Bank has different rules for serving notices to companies, and some of the usual methods do not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS580673.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rules
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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"

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173: Payment of infringement fees, or

"Paying a fine: put the money into a special government account"

Part 5Enforcement
Infringement offences

172How infringement notice may be served

  1. An infringement notice may be served on the person who the Bank believes is committing or has committed the 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. if the person is a body corporate, delivering it to a director or an employee of the body corporate at its head office, principal place of business or work, or registered office, or by bringing it to the director’s notice or the employee’s notice if that person refuses to accept it; 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. If the person is a body corporate,—

              2. subsection (1)(a) to (c) does not apply (but see subsection (1)(d) instead); and
                1. the infringement notice (or a copy of it) sent in accordance with subsection (1)(e) or (f) must be sent for the attention of a director or employee of the body corporate.

                  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) 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 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 Bank.