Walking the fine line

How a ticket can become a fine and cost you more!

Collections 009

If you get a ticket for an infringement offence, it:

• does not involve an appearance in Court (unless you request one before the Due Date)
• does not result in a criminal conviction against you
• does 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

28 days after the infringement ticket is issued the Prosecuting Authority (e.g. the Police or a city council) posts an Infringement Reminder Notice to you at your last known address. This notice includes details of:

• the offence
• your rights
• the total amount of the infringement ticket
• who and how to pay
• the Due Date

The Due Date is 28 days from the date that the Infringement Reminder 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 wish to have the matter heard in Court, you must request a hearing by writing to the authority that issued the ticket.

If you fail to act on your rights before the Due Date and the infringement ticket is filed with the Court, you will lose these rights (e.g. once a ticket is filed in Court you can no longer dispute liability for the ticket itself or request that the matter is heard in Court).

When your ticket is filed with the Court, a filing fee of $30 is passed on to you.

The Court will send you a Notice of Fine. This includes details of:

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

When you receive a Notice of Fine you have 28 days from when the fine was imposed in Court to either:

• pay the Court fine in full; or
• arrange for an extension of the Due Date or for payment by instalments; or
• apply under Section 78B of the Summary Proceedings Act, 1957 to “Correct an Irregularity” (have the matter resolved).

Please note: There are very limited grounds to make an application under Section 78B, e.g. if you never received the Infringement Reminder Notice for the offence, or if you applied for a Court hearing but never received notice of the hearing. To apply you have to make a Statutory Declaration. You should contact any District Court and ask for Form 57. If your application is granted, in some cases the original infringement ticket may be withdrawn or may be reissued with your rights to dispute the offence reinstated.

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 filing fee of $30, and the amount of your original infringement ticket.

Enforcement action by the Court can include:

• Seizing (taking) goods you own e.g. car, stereo, and selling them if you still don’t pay.
• Putting a wheel clamp on your vehicle.
• Compulsory deductions from your income (attachment order).
• Compulsory deduction from your bank account (deduction notice).
• Charging order over property you own e.g. land, house.
• Or a warrant to arrest may be issued, and you may be brought before a Judge for an alternative sentence.

So don’t let a ticket or fine cost you more!

• Check the Due Date
• Check your rights
• Act by the Due Date

Can we help?

Enquiries and payment for infringement tickets should be made to the Prosecuting Authority who issued the ticket.

Fine enquiries can be made by contacting the District Court. Fine Payments can be made by post, by phone, by BillPay at Post Shop outlets, at any District Court, or by calling the Collections Payment Centre on 0800 408 409. (See details on each Notice of Fine and Final Notice of Fine.)

You can also check your fine or pay for it by credit card at www.fines.govt.nz.

www.justice.govt.nz

Back to the top