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New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Regulatory and enforcement matters - Infringement offences

69: How infringement notice may be served

You could also call this:

“How you might get a notice if you break the rules”

The new law might change how you get a notice if you break certain rules. The person in charge, called the chief executive, can give you this notice in different ways. They can hand it to you directly or leave it at your home with someone who looks at least 14 years old. They might also leave it at your work. If you’re part of a company, they can give the notice to someone who works there.

If the chief executive doesn’t know where you live or work in New Zealand, they might send the notice by mail or email. When they send it by mail, they’ll assume you got it five working days after they sent it. If they send it by email, they’ll think you got it as soon as it reaches your email system.

For companies, the rules are a bit different. The notice has to be given to a director or employee at the company’s main office. If it’s sent by mail or email, it needs to say it’s for a director or employee to look at.

Remember, this is just a proposal for a new law. It’s not the actual law yet, but it might become one in the future.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911696.

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Part 4 Regulatory and enforcement matters
Infringement offences

69How infringement notice may be served

  1. An infringement notice may be served on the person that the chief executive 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 an 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 chief executive.