Retail Payment System Act 2022

Merchant surcharging, monitoring and enforcement, and miscellaneous provisions - Pecuniary penalties

43: Proceedings for pecuniary penalties

You could also call this:

"Breaking the rules can lead to a fine in court, but you'll only be fined once."

Illustration for Retail Payment System Act 2022

If you break 2 or more rules in this part of the law, you can be taken to court for breaking just 1 or more of those rules. You can only be fined once for the same wrongdoing, even if you break multiple rules. This means you will not get more than one penalty for doing the same thing wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533878.

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42: Who is involved in contraventions, or

"Who breaks the payment rules and how"


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44: Considerations for court, or

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Part 3Merchant surcharging, monitoring and enforcement, and miscellaneous provisions
Pecuniary penalties

43Proceedings for pecuniary penalties

  1. Where conduct by any person constitutes a contravention of 2 or more provisions referred to in this subpart, proceedings may be instituted under this subpart against that person in relation to the contravention of any 1 or more of the provisions.

  2. However, no person is liable to more than 1 pecuniary penalty under this subpart in respect of the same conduct.