Summary Proceedings Act 1957

21 Procedure for infringement offences

(1)

Proceedings in respect of an infringement offence may be commenced—

(a)

with the leave of a District Court Judge or a Registrar, by filing a charging document under the Criminal Procedure Act 2011; or

(b)

where an infringement notice has been issued in respect of the offence, by providing particulars of a reminder notice in accordance with subsections (4) and (4A), or by filing a notice of hearing in a court, under this section.

(2)

Where—

(a)

an infringement notice has been issued in respect of an infringement offence; and

(b)

on the expiration of 28 days from the date of service of the notice, or a copy of the notice,—

(i)

the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and

(ii)

the informant has not received at that address a notice requesting a hearing in respect of the offence,—

the informant may serve on the person or one of the persons served with the infringement notice, or a copy of the infringement notice, a reminder notice that contains the same or substantially the same particulars as the infringement notice.

(2AA)

The reminder notice referred to in subsection (2) and subsection (3C) must,—

(a)

if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or

(b)

if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.

(2A)

For the purposes of this section, a reminder notice that is in a form prescribed under any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations.

(3)

The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—

(a)

a reminder notice has been served under subsection (2); and

(b)

on the expiration of 28 days from the date of service of that notice,—

(i)

the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and

(ii)

the informant has not received at that address a notice requesting a hearing in respect of the offence.

(3A)

If—

(a)

the informant has not provided particulars of a reminder notice under subsection (3), in accordance with subsections (4) and (4A); and

(b)

the informant has instituted the necessary management and accounting systems to allow the infringement fee to be paid to the informant by instalments,—

the informant may, but is not required to, enter into an arrangement allowing the infringement fee to be paid to the informant by instalments.

(3B)

An arrangement under subsection (3A) must—

(a)

be entered into before the close of the date that is 6 months from the time when the infringement offence is alleged to have been committed; and

(b)

be completed before the close of the date that is 12 months from the time when the infringement offence is alleged to have been committed.

(3C)

If the informant has entered into an arrangement under subsection (3A), and default is made in the payment of any instalment, the informant may,—

(a)

despite subsection (3B)(a), enter into another arrangement under subsection (3A) allowing the infringement fee to be paid to the informant by instalments; or

(b)

serve on the defendant or 1 of the defendants served with the infringement notice, or a copy of the infringement notice, a reminder notice in the prescribed form containing the same or substantially the same particulars as the infringement notice.

(3D)

The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—

(a)

a reminder notice has been served under subsection (3C)(b); and

(b)

on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant at the address specified in the notice.

(4)

For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A), the particulars of a reminder notice are—

(a)

the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and

(b)

any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and

(c)

any other particulars that may be prescribed.

(4A)

The particulars described in subsection (4)—

(a)

must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and

(b)

once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a court in relation to its judicial functions.

(4B)

Particulars of a reminder notice provided under subsection (3) or subsection (3D), and in accordance with subsection (4A), must be verified by the Ministry of Justice to ensure they contain the particulars described in subsection (4)(a) and (b), in accordance with a procedure approved by the chief executive of the Ministry of Justice.

(4C)

When particulars of a reminder notice provided under subsection (3) or subsection (3D) are verified under subsection (4B) as containing the particulars described in subsection (4)(a) and (b), the reminder notice is deemed to have been filed in the court appointed for the exercise of the criminal jurisdiction which is the nearest by the most practicable route to the place where the offence was alleged to have been committed.

(5)

If,—

(a)

under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is alleged to have been committed; and

(b)

those particulars are verified under subsection (4B),—

then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of a charge in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.

(5A)

If,—

(a)

under subsection (3D), particulars of a reminder notice are provided before the close of the date that is 12 months after the date on which the infringement offence is alleged to have been committed; and

(b)

those particulars are verified under subsection (4B),—

then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of a charge in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.

(5AB)

An order under subsection (5) or subsection (5A) is deemed to have been made on the date that the relevant reminder notice is deemed to have been filed under subsection (4C).

(5B)

If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), no defendant may give notice requesting a hearing in respect of the infringement offence to which the arrangement applies.

(6)

A notice requesting a hearing in respect of an infringement offence must—

(a)

be in writing signed by the person or one of the persons served with the infringement notice in respect of the offence, or a copy of the infringement notice; and

(b)

be delivered to the informant at the address specified in the infringement notice before or within 28 days after service of a reminder notice in respect of the offence, or within such further time as the informant may allow.

(7)

A person giving notice requesting a hearing in respect of an infringement offence may, if the person thinks fit, in that notice—

(a)

admit liability in respect of the offence; and

(b)

make any submissions as to penalty or otherwise that the defendant would wish to be considered by a court hearing proceedings in respect of the offence.

(8)

Where a notice requesting a hearing in respect of an infringement offence is given in accordance with this section, the following provisions shall apply:

(a)

the informant shall, if it is proposed that proceedings be commenced in respect of the offence, file in a court a notice of hearing in the prescribed form:

(b)

where the defendant does not, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall serve on the defendant a copy of the notice of hearing filed pursuant to paragraph (a):

(c)

where the defendant does, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall file that notice in the court in which the notice of hearing is filed:

(d)

if a notice of hearing is filed in a court within 6 months from the time when the offence is alleged to have been committed,—

(i)

the Criminal Procedure Act 2011 and the Costs in Criminal Cases Act 1967 apply, with any necessary modifications:

(ii)

the notice of hearing is to be treated as if it were a charging document:

(iii)

a copy of the notice served on the defendant under paragraph (b) is to be treated as if it were a summons to the defendant:

(iv)

a notice of the defendant filed in the court under paragraph (c) is to be treated as if it were a notice of the defendant pleading guilty to the offence under section 38 of the Criminal Procedure Act 2011.

(9)

Where a defendant is found guilty of, or pleads guilty to, an infringement offence for which an infringement notice has been issued, the court shall order the defendant to pay costs of the prescribed amount in addition to the fine (if any) and other costs (if any) ordered by the court.

(10)

In any proceedings for an infringement offence for which an infringement notice has been issued—

(a)

it shall be a defence if the defendant proves that the infringement fee for the offence has been paid to the informant at the address specified in the notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence:

(b)

it shall not be a defence that the infringement fee for the offence has been paid otherwise than as referred to in paragraph (a).

(11)

Where an infringement fee is paid to the informant at the address specified in the infringement notice but not within the time referred to in subsection (10)(a), the amount paid may be held and applied towards any fine or costs that the defendant may become liable to pay in respect of the offence.

(12)

In any proceedings for an infringement offence for which an infringement notice has been issued it shall be presumed, unless the contrary is proved, that—

(a)

the infringement notice in respect of the offence has been duly issued, and the notice, or a copy of the notice, has been served on the defendant:

(b)

any reminder notice or copy of a notice of hearing required to have been served on the defendant has been duly served:

(c)

the infringement fee for the offence has not been paid as required under this section.

(13)

If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), and default is made in the payment of any instalment, proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid.

Section 21: replaced, on 1 November 1987, by section 5 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 21 heading: amended, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 21(1)(a): replaced, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 21(1)(b): amended, on 1 March 2007, by section 6(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2): amended, on 9 October 2006, by section 5(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2AA): inserted, on 9 October 2006, by section 5(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2A): inserted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 21(2A): amended, on 9 October 2006, by section 5(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3): replaced, on 1 March 2007, by section 6(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3A): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3A): amended, on 1 August 2012, by section 5(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3A)(a): amended, on 1 March 2007, by section 6(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3A)(b): amended, on 1 August 2012, by section 5(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3B): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3C): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3C)(a): amended, on 1 August 2012, by section 5(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3D): replaced, on 1 March 2007, by section 6(4) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4): replaced, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4A): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4B): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4C): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(5): replaced, on 1 August 2012, by section 5(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(5): amended, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 21(5A): replaced, on 1 August 2012, by section 5(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(5A): amended, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 21(5AB): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(5B): inserted, on 1 November 1998, by section 3(2) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(8)(d): replaced, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 21(13): inserted, on 1 November 1998, by section 3(3) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).