Litter Act 1979

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
14 Infringement notices

(1)

Where a Litter Control Officer observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has just been committed by that person, an infringement notice in respect of that offence may be issued to that person by that Officer.

(2)

An infringement notice may be served—

(a)

by delivering it personally to the person who appears to have committed the infringement offence; or

(b)

by sending it by post addressed to him at his last known place of residence or business.

(3)

An infringement notice sent to a person by post pursuant to subsection (2)(b) shall be deemed to have been served on the person when it was so posted.

(4)

Every infringement notice shall be in such form as the Governor-General may from time to time by Order in Council prescribe, and shall contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee for the offence; and

(c)

the address at which the infringement fee may be paid; and

(d)

the time within which the infringement fee may be paid; and

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

(f)

a statement of the right of the person served with the notice to request a hearing; and

(g)

a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and

(h)

such other particulars as are prescribed.

(5)

[Repealed]

(6)

[Repealed]

(7)

[Repealed]

(8)

A territorial authority shall keep a record of every infringement notice issued pursuant to this section and of every payment made in respect of that notice for a period of at least 12 months from the date of issue or, as the case may be, of payment.

(9)

For the purposes of this section, a territorial authority may delegate its powers and functions under this section to a committee of the territorial authority or to its chief executive but to no other person.

(10)

An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

See secondary legislation made under this Act (if published on this website)
Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 14(2)(b): amended, on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(3): substituted, on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 14(4): substituted: on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(5): repealed, on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(6): repealed, on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(7): repealed, on 1 November 1987, by section 17 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 14(9): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 14(10): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).