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The
information contained on this page is not legal advice. If you have
a legal problem you should talk to a lawyer before making a decision
about what to do. The information on this page is written only for
people resident in, or affected by, the laws of New Zealand.
Important Information for Travellers
What is
this fine for?
To
find all about your fine, what it is for, how much is owing, what
your rights and obligations are, contact us.
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I
can't afford to pay this. What can I do?
You
may apply to the Court for an extension of the Due Date or to make
payments by instalment over a period up to, but not exceeding, 5
years. The Registrar will then decide on your application. You will
need to undergo an assessment of your means and assets to determine
your ability to pay. You may also be required to make an initial
payment. If you are assessed by the Court as being unable to pay
the outstanding amount in full within a 5 year period, a judge will
need to consider your case and you may be summonsed to appear at
a Court hearing.
To apply for an extension or for instalment payments, contact your
nearest District
Court or the Ministry of Justice Collections Call Centre on
0800 408 409.
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I
don't own that car anymore
As
discussed in the "Step by Step guide", liability in infringement
cases can be with the registered owner, person in charge of, or
the driver of a vehicle. If ownership has not been correctly changed
then you may still be liable for the fine. You should contact us
immediately to discuss your individual case. To find out more about
change of ownership click
here.
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It
wasn't me driving
As
discussed in the "Step by Step Guide", liability in infringement
cases can be with the registered owner, person in charge of, or
the driver of a vehicle. Therefore, even if you weren't the one
driving, you may still be liable for the fine. You should contact
us immediately to discuss your individual case.
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Why
are there fees on the original ticket amount?
When
a ticket is lodged in Court by the Prosecuting Authority (e.g. Police
or City Council) they pay a $30 lodgment fee to the Court. This
fee is passed on to you as $30 Court Costs. If the fine is not paid
by the due date, then a $100 enforcement fee is added to cover the
cost of enforcing your fine.
e.g.
No Warrant of Fitness:
| |
Original
ticket = |
$200.00 |
| + |
Lodgement
Fee = |
$30.00
|
| + |
Enforcement
Fee = |
$100.00 |
| |
(added
after due date) |
|
| = |
Total
Outstanding = |
$330.00 |
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I
forgot about this - what can I do now?
You
must act immediately to avoid enforcement action or additional costs.
You should pay (online, by phone, at your nearest Court, at NZ Postshops
by BillPay or by mail) or contact us.
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We
keep getting letters from the Court, and the person does not live
here. What do we do?
You
should contact us so we can note our computer system that the person
no longer/has never lived at your address. If you have a forwarding
address for that person, we would appreciate it if you could also
pass this on to us. However when the address is supplied to us by
the Police or Local Authority, we are legally obliged to post Court
notices to the same address. This may mean that you continue to
receive ticket and fines notices for the person at your address.
Please return these to the sender immediately.
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My
car has been clamped, what do I do?
Your
car can be clamped for unpaid fines under Section 94B of the Summary
Proceedings Act, 1957. It can only be released upon, full payment or
resolution of the matter with the Court. You should contact the
Court at the address or phone number on the yellow sticker attached
to your vehicle.
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Can
I be arrested for unpaid fines?
Yes.
You can be arrested for unpaid fines under Section 88(1)(d) of the
Summary Proceedings Act, 1957. You can be arrested by the Police,
and brought before the Court to resolve the matter. To avoid this,
contact us immediately.
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I
have had money taken out of my pay/benefit. What can I do?
The
Court can take money directly from your wages or benefit for the
payment of unpaid fines over a period up to, but not exceeding,
5 years. This is called an attachment order. Your employer, or the
Ministry of Social Development is legally obliged to make these
deductions. Only the Court can stop these. If you have any problems
with an attachment order contact
us.
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Can
you take my property to pay an unpaid fine?
Yes.
If a fine remains unpaid the Court can issue a Warrant to Seize
(under Section 87(1)(a) of the Summary Proceedings Act, 1957). A
Warrant to Seize allows a Bailiff to enter property, by force if
necessary, to seize property, or apparent property, of a fine defaulter.
To avoid this, contact us immediately.
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I've
had my property seized, what happens now?
Once
property has been seized under a Warrant to Seize, you have two
options. You have seven days to either: pay in full or to resolve
the matter with the Court. To attempt to resolve the matter, contact
the Court who seized your property within seven days of its seizure.
After
the seven days, if payment or resolution has not occurred, then
the property is normally sold at public auction. Any money raised
from the sale of the property will be used firstly, to pay any costs
associated with its seizure and sale (i.e. auctioneers fees, towage
or storage costs) and then the remainder will go towards the unpaid
fine.
You
should stay in contact with the Court after your property has been
seized.
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How can I have a fine, I never had a hearing in Court?
As
explained in the "Step by Step Guide", if an infringement
is not paid to the Prosecuting Authority before its Due Date, they
can lodge the infringement in Court. It then becomes a fine. A Court
hearing does not occur.
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I have already paid this
If
you have paid the infringement to the Prosecuting Authority (in
full, before the Due Date) you should contact the Prosecuting Authority
to discuss the matter. You should also contact the Court so we can
allow you sufficient time to resolve the matter.
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It is not me, you have got the wrong person. What do I do?
You
should contact us or your nearest District Court immediately to
try and resolve the matter.
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I can't afford to pay it before it is due. Can I delay payments/pay
in instalments?
You
may apply to the Court for an extension of the Due Date or to make
payments by instalment over a period up to, but not exceeding, 5
years. The Registrar will then decide on your application. You will
need to undergo an assessment of your means and assets to determine
your ability to pay. You may also be required to make an initial
payment. If you are assessed by the Court as being unable to pay
the outstanding amount in full within a 5 year period, a judge will
need to consider your case and you may be summonsed to appear at
a Court hearing.
To apply for an extension or for instalment payments, contact your
nearest District
Court or the Ministry of Justice Collections Call Centre on
0800 408 409.
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This
is the first I have heard about it?
If
you have been contacted by us about a fine for unpaid infringement
ticket, but this is the first you have heard about the matter then
you may have grounds to "correct an irregularity" (have
the matter resolved) under Section 78B of the Summary Proceedings
Act, 1957. To apply under Section 78B you must go to the District
Court and complete a Statutory Declaration (ask for Form 57). To
request further information go to our 'Can We Help' section.
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I'm a travel agent. What do I advise my customers?
The best advice to give to the public is that people with unpaid fines
or reparation should make sure they pay their fines before leaving
New Zealand as they may be stopped at leaving or returning any New
Zealand international airport.
Defaulters can pay through this website but if they intend to travel
in the next 48 hours they should call the free phone 0800 PAYORSTAY
(0800 729 677) and pay by credit card.
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I've noticed the advertising about having to 'Find another way
to travel' and that unpaid fines could stop me travelling overseas.
When does this take effect?
You could be stopped at any international airport at the moment.
The Ministry of Justice has always been able to do this, but
legislation passed earlier this year allows the Ministry of
Justice to data match defaulter records with NZ Customs and
the Department of Labour (for Immigration). So the chance of
being intercepted has increased.
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Are only fines defaulters stopped or their information data matched with Government agencies?
If you owe reparation - no matter how much that is - you may
also be stopped and not allowed to continue your trip until
the outstanding amount is paid.
Reparation - imposed by the courts - is to compensate victims
of crime, for property loss or damage, and emotional harm.
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I owe a small amount of reparation. Will I be stopped when travelling overseas?
If you owe reparation - no matter what the amount is - you may
be stopped and not allowed to continue your trip until the
outstanding amount is paid.
Reparation - imposed by the courts - is to compensate victims
of crime for property loss or damage and emotional harm.
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There is an emergency in my family and I have to travel but I don't have the money to pay off my fine. What can I do?
If you decide not to pay or take the necessary steps to resolve
your fine balance, you may be stopped by the police while
departing or arriving at New Zealand borders. If you then
fail to pay your fines you may be arrested and brought before
a judge or a deputy court registrar to resolve the fines or
reparation. You should ring 0800 PAYORSTAY (0800 729 677)
immediately to seek advice about payment.
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I'm planning to take a trip shortly. What should I do to ensure that I am not stopped at an international airport?
You must have paid the outstanding fine. Do it well in advance.
If you are intending to travel internationally, within the next
48 hours, make sure you pay your fine by free phone 0800 PAYORSTAY
(0800 729 677). It is important you use this method of payment
and pay by credit card.
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Can I travel if I have a Time to Pay arrangement in place?
So long as your payments remain up to date while you are away then, yes, you can travel.
If your payments don't continue you may be stopped by Police on your return to New Zealand.
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Can I travel if I have fines?
Unless you take steps to resolve your fines you take the risk of being stopped at a New Zealand international airport.
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I've never heard about having to pay a fine before I leave the country. Why now?
Recent changes to the law allow New Zealand Customs and the
Department of Labour (Immigration) to share information with the Ministry of Justice.
This means the Collections Unit of the Ministry of Justice may now know when
you leave or arrive from an International Airport.
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What will happen to me if I do not pay my fines?
You may be stopped. You will be given the opportunity to pay
them but if you refuse you may be arrested and brought before
a District Court Registrar or Judge. This could mean you may
not be able to continue with your trip.
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What if I refuse to pay then?
If you are stopped at an international airport and refuse
to pay your fines you may be arrested and brought before
a judge or district court registrar. That means you may
not be able to continue with your trip.
Furthermore, if the District Court is not open, you may be
bailed to appear at the District Court the next working day.
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I've forgotten to pay my fines before I left home. Now I'm at the airport what can I do?
Phone the free phone 0800 PAYORSTAY (0800 729 677) and pay
by credit card. It is important you use this method of payment.
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What happens to family members who are travelling with me if I'm stopped at the airport?
They will be free to travel without you.
This is why it is important that you have paid any overdue
fines as being stopped or arrested could have a major impact
on your partner or children if you are arrested.
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What if I have already bought my flight ticket but do not have enough money left to pay my fines. What will happen to me?
If you are travelling overseas you run a risk of being detained at an international airport.
The best option would be to visit a Collections Centre or your local District Court and discuss options for payment.
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A member of my family, who lives overseas, is very sick and I must visit them but have an unpaid fine. Will I be stopped at the airport?
If you need to travel for any emergency at all you should contact
the Collections centre and discuss the matter with them immediately.
If time is critical call the free phone line 0800 PAYORSTAY (0800 729 677).
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What will happen to me if I'm at the airport and I'm stopped?
Police at the airport will intercept you and you will be given
the opportunity to talk to the Collections Contact Centre
and arrange full payment. If you cannot, or will not, pay
your fine the police may execute the Warrant to Arrest.
Then you will be prevented from travel, and may be bailed
and your passport confiscated.
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What would constitute a fine as far as this initiative is concerned and how can I get a fine?
Fines are penalties that have been imposed in response to people committing a range of illegal activities.
Fines can be imposed:
- by a Judge
- by a Community Magistrate
- by a Justice of the Peace
- when an infringement, issued by a prosecuting authority such as the police, local authorities or other Government agencies, is filed in Court.
If a fine is not paid by due date it becomes overdue and
enforcement action is taken, which may include the issuing of
a Warrant to Arrest. The Collections of Fines at Airports
enforcement action deals with any unpaid reparation and overdue
local authority, police infringements or court imposed fines.
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How do I find out if I have a fine?
Ring 0800 PAYORSTAY (0800 729 677).
You need to give them your name, date of birth and current address and they will check and let you know.
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Will planes be held up?
It is not anticipated that there will be much delay to
aeroplane schedules. Airline companies are aware of the new
initiative and will have anticipated that a passenger could
be apprehended. This is no different to how they handle the
passengers who fail to board their flight after check in.
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Can I get my baggage back if I am detained?
Yes, that has been organised with the airline companies.
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I've only just made a payment by phone.
How do I know that this will be recorded and I won't be stopped?
You should ask for a receipt number when you pay your fine by phone.
As an extra precaution you should also keep a note of the day and time you rang us.
If you are intending to travel internationally within the next 48 hours,
make sure you pay your fine by free phone 0800 PAYORSTAY (0800 729 677).
It is important you use this method of payment and pay by credit card.
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We've all had parking fines - surely it would be ridiculous if everyone who had not paid them were stopped at an airport.
Is this the sort of thing that I might be stopped for, and is there any discretion for small fine defaulters?
Fines are penalties that have been imposed in response to people
committing a range of illegal activities. If a fine is not
paid by due date it becomes overdue and enforcement action
is taken, which may include the issuing of a Warrant to Arrest.
CoFaA enforcement action deals with any unpaid reparation and overdue local
authority, police infringements or court imposed fines.
Fines can be imposed:
- by a Judge
- by a Community Magistrate
- by a Justice of the Peace
- when an infringement, issued by a prosecuting authority
such as the police, local authorities or other Government
agencies, is filed in Court.
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When will it be discovered that I have a fine and might be stopped?
An alert will be raised when your passport is scanned as you go through the Customs departure gates.
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I'm travelling on business, will I be stopped?
If you decide not to pay or take the necessary steps to resolve
your fine or reparation you may be stopped by the police while
departing or arriving at New Zealand borders. If you then fail
to pay you may be arrested and brought before a judge or court
registrar. The purpose of your travel does not affect our
ability to enforce payment.
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If I'm travelling overseas on business with my colleagues
and I am stopped because I have an unpaid fine.
That would be very embarrassing.
Yes, it would, and if you anticipates that you will be in
that position you should take steps to ensure you have
paid your fine before you commence travel. If you are
travelling within 48 hours, call the free phone 0800
PAYORSTAY and pay by credit card.
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What if I have to travel on business? Surely I will not be stopped if I my employer is sending me overseas?
It doesn't matter what the reason for travel is.
If you have outstanding fines you will be treated exactly the same as anyone else.
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The company has fines, will I be stopped?
No.
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Is collecting fines at airports the only way you can collect my
overdue fines? Are there other steps that can be taken to collect overdue fines?
The Collections Unit of the Ministry of Justice has a range of
legal powers and methods to collect fines. Apart from having
you stopped at any NZ international airport they can:
- clamp your car
- seize your property and have it sold
- issue an order to deduct money from your income
- issue a deduction notice to take money from your bank account
- have you arrested
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I am planning to return to New Zealand shortly and I'm not sure
if I have an outstanding fine or reparation. What should I do?
You should email finesenquiry@justice.govt.nz and allow a
maximum of five days to get a reply. So make sure you allow
plenty of time to get this reply and make your payment - if it is necessary.
Alternatively you can phone Collections:
- If you are in Australia the phone number to call is 1800 144 239.
- To phone from anywhere else in the world the phone number is 64 4 915 8586 - but this is not a free call.
The information that you need to provide (either on the phone or in your email) will include -
- Your full name
- Your date of birth
- Your address
You may also be asked to provide your current drivers licence number.
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If I'm travelling within 48 hours why should I call 0800 PAYORSTAY and pay by credit card?
This number is a special one set up for travellers to help
ensure your payment is registered. A payment by credit card
can be verified immediately by phone, unlike any other payment.
You should still take a note of the payment reference number with
you so that you can confirm the payment as you leave or enter New Zealand if asked.
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