Customer and Product Data Act 2025

Regulatory and enforcement matters - Infringement offences

66: How infringement notice may be served

You could also call this:

"How the government can give you a special notice if they think you broke the law"

If the chief executive thinks you've broken the law, they can give you an infringement notice. This notice can be given to you in different ways. They can hand it to you directly or make sure you see it if you don't want to take it. If they can't find you, they might leave it at your home with someone who looks at least 14 years old, or at your work with another person.

For companies, the notice can be given to a director or employee at the company's main office or place of work. If the company refuses to take it, the chief executive can make sure a director or employee sees it.

The notice can also be sent to you by mail to your home or work. If you don't have an address in New Zealand, they can send it to your email or other electronic address.

When the notice is sent by mail, it's considered delivered five working days after it was posted, unless you can prove otherwise. If it's sent electronically, it's considered delivered as soon as it reaches a system you control.

For companies, the rules are a bit different. The notice can't be left at a home or given to just anyone. It must be given to a director or employee at the company's office. When sent by mail or electronically, it needs to be addressed to a director or employee of the company.

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This page was last updated on 1 May 2025

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

Topics:

Crime and justice > Criminal lawBusiness > Industry rulesRights and equality > Privacy

65: What infringement notice must contain, or

"What information a special letter about breaking a rule must include"

67: Payment of infringement fees, or

"How to pay fines if you break the rules"

Part 4Regulatory and enforcement matters
Infringement offences

66How infringement notice may be served

An infringement notice may be served on the person that the chief executive believes is committing or has committed the infringement offence by—
delivering it to the person or, if the person refuses to accept it, bringing it to the person's notice; or
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
leaving it for the person at the person's place of business or work with another person; or
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
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
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.

If the person is a body corporate,—
subsection (1)(a) to (c) does not apply (but see subsection (1)(d) instead); and
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.

Unless the contrary is shown,—
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
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.