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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Infringement offences

376: How infringement notice may be served

You could also call this:

"How you can be given an infringement notice"

Illustration for Civil Aviation Act 2023

If you get an infringement notice, it can be given to you in several ways. You might get it by someone handing it to you, or if you do not want to take it, they can just show it to you. It can also be left at your home with someone who is at least 14 years old, or at your workplace with another person.

You can get an infringement notice by post, sent to your home or workplace, or to the address you provided under section 73. If you do not have a home or workplace address in New Zealand, it can be sent to your electronic address.

If an infringement notice is sent to you by post, it is usually considered to have been given to you five working days after it was sent, unless something else is shown.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS176682.

Topics:
Transport and travel > Air travel
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Part 9Monitoring, investigation, and enforcement
Infringement offences

376How infringement notice may be served

  1. An infringement notice may be served on the person who the Director or a person authorised by the Director 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. 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 the person at the person’s last address for service provided under section 73 (if that address is not an electronic address); 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) is to be treated as having been served on the person on the fifth working day after the date on which it was posted:
                1. despite paragraph (a), an infringement notice in respect of an unruly passenger offence sent by prepaid post is to be treated as having been served on the defendant when it was posted:
                  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 enters an information system that is outside the control of the enforcement authority.