Ministry for Primary Industries
Full name or company name:
Trading name (if different to company name):
Business address (if different to physical address):
|*Omit if the notice is to be served on a company.|
Alleged infringement offence details
This is an infringement offence against [regulation number] of the Raw Milk for Sale to Consumers Regulations 2015.
Charge text: [narrative of events to which charge relates]
Service details (to be provided for filing in court)
Infringement notice served by [method of service] on [date of service].
Reminder notice served by [method of service] on [date of service].
The last day for payment is [date], being 28 days from the date of service recorded on this notice.
Payment of infringement fee
IMPORTANT: Please read the information about infringement offences printed on the back of this notice.
Infringement fees may be paid to the Ministry for Primary Industries by any of the following methods [specify payment options].
[Deposit slip is printed here.]
[Back of notice]
Information about infringement offences
Note: If, after reading this information, there is anything in it that you do not understand, you should consult a lawyer immediately.
Payment of infringement fee
If you pay the infringement fee within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Ministry for Primary Industries in accordance with the instructions on the front page of this notice.
If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to the Ministry for Primary Industries at the address shown in the note in paragraph 7 within 28 days after the service of this notice.
You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry for Primary Industries by one of the payment methods specified on the front page of this notice within 28 days after you are served with a reminder notice in respect of the offence.
Note: Late payment, or payment by any other method, will not be a defence.
You may have a further defence (in addition to that indicated in subparagraph (1)) against proceedings relating to the alleged offence under section 251, 253, or 256 of the Food Act 2014. If you believe you have a defence, you should obtain a copy of the Act.
You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the Ministry for Primary Industries at the address shown in the note in paragraph 7 within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liability and make submissions as to penalty or any other matter.
If you deny liability for the offence, the Ministry for Primary Industries will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Ministry for Primary Industries decides not to commence court proceedings).
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.
If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—
set out the written submissions that you want the court to consider. The Ministry for Primary Industries will then file your letter with the court (unless the Ministry for Primary Industries decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: Any costs will be imposed in addition to any fine.
Right to ask for cancellation
You have the right to ask, with your reasons, for cancellation of the notice on the basis of the interests of justice.
Note: An infringement notice cannot be cancelled if the particulars of a reminder notice or notice of hearing relating to the infringement notice have been filed in a District Court.
Consequences of taking no action
If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the Ministry for Primary Industries decides not to commence court proceedings against you).
Questions and other correspondence
In any correspondence, please include—
the date of the infringement notice; and
the infringement notice number; and
the course of action you are taking in respect of the alleged offence; and
your full address for replies.
Note: All questions and all correspondence regarding this notice must be directed to the [full address]. Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.