Psychoactive Substances (Infringement Fees and Form of Notices) Regulations 2014

2014/245

Coat of Arms of New Zealand

Psychoactive Substances (Infringement Fees and Form of Notices) Regulations 2014

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 28th day of July 2014

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 100 of the Psychoactive Substances Act 2013, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Psychoactive Substances (Infringement Fees and Form of Notices) Regulations 2014.

2 Commencement
  • These regulations come into force on 3 November 2014.

3 Interpretation
4 Infringement fees
  • The infringement fee for an infringement offence against—

5 Infringement notices and reminder notices
  • (1) An infringement notice for an infringement offence must be in form 1 of the Schedule.

    (2) A reminder notice for an infringement offence must be in form 2 of the Schedule.


Schedule
Form of infringement notice and reminder notice

r 5

Form 1
Infringement notice

r 5(1)

Issued under section 74, Psychoactive Substances Act 2013

Infringement Notice No:

Issuing officer: [name or number]

Address for correspondence and queries:

To

Full legal name:

Full address:

Date of birth:

Sex:

Occupation:

Telephone No:

Alleged infringement offence(s) details

Date:

Time:

Day of week:

Details of premises or specific location where alleged infringement offence(s) committed:

Street/road:

Town/city:

Act or omission that you are alleged to have committed:

This is an offence against [section 48/section 50/section 71* of the Psychoactive Substances Act 2013].

*Select whichever apply.

For each offence, specify the following:

Offence numberOffenceInfringement fee payable ($)
Payment of infringement fee(s)

The infringement fee is/fees are* payable within 28 days after [specify earliest day notice delivered personally or posted].

*Select one.
Procedures for payment of infringement fee

[Payment verification stamp]

[Method(s) of payment and address for payment]

Information

If there is anything in these notes you do not understand, you should consult a lawyer.

Payment
  • 1 If you pay the infringement fee(s) within 28 days after the service of this notice, no further enforcement action will be taken against you.

Defence
  • 2 You will have a complete defence against proceedings relating to an alleged offence if the infringement fee is paid to the enforcement authority and received at the address specified for payment within 28 days after the service of a reminder notice in respect of the alleged offence.

  • 3 Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.

Further action
  • 4 You must write to the enforcement authority at the address specified for correspondence and queries if you wish to do any of the following things:

    • (a) raise a matter concerning the circumstances of an alleged offence for consideration by the enforcement authority:

    • (b) deny liability for the alleged offence and request a court hearing:

    • (c) admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.

    You must ensure that your request is received on or before the last day for payment.

  • 5 If you deny liability and request a court hearing, the enforcement authority will, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

  • 6 If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.

  • 7 If the court finds you guilty or if you admit liability and make submissions, costs will be imposed in addition to any penalty.

  • 8 Each offence identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences.

  • 9 If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out in this notice.

Next steps
  • 10 If you do not request a hearing and you do not pay the infringement fee within 28 days after the service of this notice, a reminder notice will be sent to you. Please note that in some circumstances if you do not receive a reminder notice you may still become liable to pay a fine and court costs.

Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the relevant address shown in this notice. When writing, please include the date of the alleged infringement offence, the number of this form (shown above), the full legal name of the notice recipient, and your address for replies.

Form 2
Reminder notice for infringement offence

r 5(2)

In relation to an infringement notice issued under section 74, Psychoactive Substances Act 2013

Reminder Notice No:

Issuing officer: [name or number]

Address for correspondence and queries:

To

Full legal name:

Full address:

Date of birth:

Sex:

Occupation:

Telephone No:

Alleged infringement offence(s) details

Date:

Time:

Day of week:

Details of premises or specific location where alleged infringement offence(s) committed:

Street/road:

Town/city:

Act or omission that you are alleged to have committed:

This is an offence against [section 48/section 50/section 71* of the Psychoactive Substances Act 2013].

*Select whichever apply.
Payment of infringement fee

Infringement fee/Amount of the infringement fee* remaining unpaid: $[amount]

Total payable: $[amount]

*Select one.
You must pay the infringement fee within 28 days after the service of this notice. The last date for payment is [date].

[Specify method(s) of payment and address for payment.]

Service details

(To be provided for filing in court)

The infringement notice was served by personal service/prepaid post*.

*Select one.

The reminder notice was served by personal service/prepaid post* at [full address at which reminder notice was served].

*Select one.

Information

If there is anything in these notes you do not understand, you should consult a lawyer.

Note: The type of infringement offence that you are alleged to have committed appears in this form.

Payment
  • 1 If you pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, no further enforcement action will be taken against you.

Defence
  • 2 You will have a complete defence against proceedings relating to the alleged offence if you can show that the infringement fee or the amount of the infringement fee remaining unpaid has been paid to the enforcement authority and received at the address specified for payment within 28 days after the service of this notice.

  • 3 Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.

Further action
  • 4 You must write to the enforcement authority at the address specified for correspondence and queries if you wish to do any of the following things:

    • (a) raise a matter concerning the circumstances of the alleged offence for consideration by the enforcement authority:

    • (b) deny liability for the alleged offence and request a court hearing:

    • (c) admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.

    You must ensure that your request is received on or before the last day for payment.

  • 5 If you deny liability and request a court hearing, the enforcement authority will, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

  • 6 If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.

  • 7 If the court finds you guilty or if you admit liability and make submissions, costs will be imposed in addition to any penalty.

Next steps
  • 8 If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, you will become liable to pay a fine and court costs.

Note: All payments, queries, and correspondence regarding this notice must be directed to the enforcement authority at the relevant address shown in this notice. When writing, please include the date of the alleged infringement offence, the reminder notice number (shown above), the full legal name of the notice recipient, and your address for replies.

Michael Webster,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 3 November 2014, prescribe the infringement fees for an infringement offence against section 48, 50, or 71 of the Psychoactive Substances Act 2013. For each infringement offence, the infringement fee is $300.

The regulations also prescribe the form of infringement notices and reminder notices to be used for the infringement offences.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement on 25 June 2014 to help inform the decisions taken by the Government relating to the content of this instrument.

A copy of this regulatory impact statement can be found at—


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 July 2014.

These regulations are administered by the Ministry of Health.