More Detailed Information

Infringement tickets are issued for offences such as: speeding, illegal parking, polluting the environment, littering, not having a licence to fish, vehicle offences (such as no warrant of fitness or registration) and underage drinking. These are only a few examples of the type of offences for which an infringement ticket can be issued. Your infringement ticket will have the offence details on it.

Offences for which infringement tickets are issued:

• do not involve an appearance in Court (unless you request one by the due date)
• do not result in a criminal conviction against you
• mean that you are liable for the offence unless you act on your rights before the Due Date
• can become a Court Fine if you do not pay or resolve the matter before the Due Date

Infringement tickets can be issued by certain authorities determined by Law. These include:

• the NZ Police
• Local Authorities (City and District Councils)
• Other Government agencies (such as the Ministry of Agriculture and Forestry, Civil Aviation Authority, Fish and Game etc.)

These authorities are referred to as the "informant" (in legal jargon) or as the Prosecuting Authority.

An infringement ticket may be issued:

• by hand (e.g. when stopped by the Police for speeding, no seat belt, or underage drinking)
• by being placed on a vehicle (e.g. by the Police or Council for no warrant of fitness, exceeding a parking time limit etc.)
• by post (e.g. traffic camera infringement tickets)

When an infringement ticket is issued, the Prosecuting Authority (informant) determine who is liable for the offence. For infringements which involve vehicles the person liable for the infringement ticket may be the:

• person in charge of the vehicle
• registered owner
  
• person who allegedly committed the offence (i.e. the person the Police stopped, for example, for not wearing a seatbelt or for underage drinking)
  

For details of legal liability for infringement tickets, click here or read "Notes to the Defendant" on your Reminder Infringement Notice.

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28 days after the infringement ticket is issued the Prosecuting Authority (informant) posts a Reminder Infringement Notice to you at your last known address. This notice includes details of:

• the offence
• your rights
• the total amount of the infringement ticket
• where you can pay
• the Due Date

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The Due Date is 28 days from the date that the Reminder Infringement Notice was issued. Read the notice carefully to determine the Due Date.
By this date you must either:

admit liability or deny liability

If you admit liability you have two options:

• Pay to the Prosecuting Authority (informant) in full before the Due Date
  • This means paid not just posted by the Due Date
    
  • The onus is on you to ensure payment has been received
    
  • If you cannot pay in full before the due date discuss with the Prosecuting Authority (informant) immediately

• Write to the Prosecuting Authority (informant) admitting liability but requesting a hearing and providing submissions on the penalty (refer to your rights on the Reminder Infringement Notice)

If you deny liability:

• For details of your legal rights click here or read "Notes to the Defendant" on your Reminder Infringement Notice

If you fail to act on your rights before the Due Date and the infringement ticket is lodged in Court, you will lose these rights (for example once a ticket is lodged in Court you can no longer dispute liability for the ticket itself).

[ Back to the Step-by-Step Guide ]

If the infringement ticket remains unpaid or you have not exercised your rights, it may be lodged by the Prosecuting Authority (informant) in the District Court for collection and enforcement.

It is now a Court Fine. The cost to the Prosecuting Authority (informant) of lodging this unpaid infringement ticket is $30. This charge is passed on to you as a Court Cost of $30 and added to the amount of your original infringement ticket.

NOTE: Even though it is now a Court fine, you will not have a hearing in Court.

The Court will send you a Notice of Fine which is posted to the address that is provided to the Court by the Prosecuting Authority (informant). This notice includes details of:

• the offence
  
• your rights
  
• the total amount owing
  
• where you can pay
  
• the Due Date

When you receive a Notice of Fine you have 28 days to either:

• Pay the Court fine in full; or
  
• Apply for an extension of the Due Date or for payments by instalment; or
• Apply under Section 78B of the Summary Proceedings Act 1957 to "Correct an Irregularity" (have the matter resolved). There are very limited grounds to make an application under this Section. To apply you should contact us to receive a Statutory Declaration (ask for Form 57).

[ Back to the Step-by-Step Guide ]

If you do not take any action within 21 days after your fine was lodged in Court, you will receive a Final Notice of Fine.

This is your final warning from the Court and you now have only a few days to:

• Pay the Court fine (paid not just posted) in full by the Due Date; or
• Apply for an extension of the Due Date or for payments by instalment; or
• Apply under Section 78B of the Summary Proceedings Act 1957 to "Correct an Irregularity" (have the matter resolved). There are very limited grounds to make an application under this Section. To apply you should contact us to receive a Statutory Declaration (ask for Form 57).

[ Back to the Step-by-Step Guide ]

If the Due Date has passed and you have not:

• Paid the Court fine in full; or
• Applied for an extension of the Due Date or for payments by instalment; or
• Made an application under Section 78B of the Summary Proceedings Act 1957 to "Correct an Irregularity"

enforcement action can now commence against you.

If, by the Due Date, the Court Fine is:

• not paid; or
• had arrangements made to pay; or
• had an application under Section 78B of the Summary Proceedings Act 1957

[ Back to the Step-by-Step Guide ]

The first step in the enforcement process is that an enforcement fee of $100 is added to your Court fine. This is in addition to the Court Costs of $30, and your original infringement ticket. An infringement ticket for exceeding a parking limit, for example, would be:

[ Back to the Step-by-Step Guide ]

There are a number of enforcement steps available to the Court to collect the unpaid Court fine. Enforcement action means that:

Your car can be clamped:

Your car can be clamped under Section 94B of the Summary Proceedings Act. Cars can be clamped for the unpaid fines of the driver or the registered owner of the vehicle.

The car is only released upon:

• Full payment
  
• Resolution of the matter with the Court (if an error has occurred)

You will not be able to apply for payment by instalment.

There may be additional costs added to the unpaid fines if your car is clamped.

It is an offence to tamper with, remove, or attempt to remove a wheel clamp. To do so may result in a fine not exceeding $1,000

Your property can be taken and sold:

If a fine remains unpaid the Court can issue a Warrant to Seize (under Section 87(1)(a) of the Summary Proceedings Act 1957). This allows a Bailiff to enter your property, by force if necessary, to take goods you own (e.g. car or stereo).

Once property has been seized, you have seven days to:

• pay in full; or
  
• to resolve the matter (if an error has occurred)

There may be additional costs added to the unpaid fines (i.e. towage or storage costs) if a Warrant to Seize is actioned

Goods taken are normally sold at public auction. Any money raised from the sale of the goods 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

If there is money still owing on the unpaid Court fine, after all the costs have been paid, you are still liable for the unpaid balance.

Money can be taken from your income:

The Court can take money directly from your wages or benefit for the payment of unpaid fines over a period up to 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.

You can be arrested:

If you are unable to be contacted by the Ministry of Justice to pay your unpaid fines, a Warrant for your Arrest can be issued (under Section 88(1)(d) of the Summary Proceedings Act 1957). These can be actioned by the Police

If you come to the attention of the Police you may be arrested. You will be brought before the Court to resolve the matter.

THE COURT CAN TAKE OTHER ENFORCEMENT ACTION NOT LISTED HERE TO ENFORCE A COURT FINE.

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