Land Transport Act 1998

If you need more information about this Act, please contact the administering agency: Ministry of Transport
139 Issue of infringement notice

(1)

If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.

(2)

An infringement notice may be served—

(a)

by attaching it, or a copy of it, to the vehicle to which the notice relates; or

(b)

by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or

(ba)

by delivering it, or a copy of it, personally to the person who appears to be in charge of the vehicle to which the notice relates; or

(c)

by sending it, or a copy of it, by post addressed to the person who appears to have committed the infringement offence at the person’s last known place of residence or business or postal address; or

(d)

if the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his or her last address for service provided for the purposes of that document.

(3)

An infringement notice that—

(a)

is attached to a vehicle under subsection (2)(a) or personally delivered under subsection (2)(ba) must be treated as having been served on every person liable in respect of the alleged offence when it is attached to the vehicle or personally delivered:

(b)

is sent to a person by post under subsection (2)(c) or (d) must be treated as having been served on the person when it would have been delivered in the ordinary course of post.

(4)

[Repealed]

(5)

[Repealed]

(6)

If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E,—

(a)

the user of the vehicle may be proceeded against for the alleged offence under the Criminal Procedure Act 2011; or

(b)

the parking warden may issue an infringement notice in respect of the alleged offence.

(7)

For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)(e) or (g) of the Airport Authorities Act 1966, enforcement officer includes officers appointed by an airport authority.

(8)

[Repealed]

(9)

[Repealed]

(10)

[Repealed]

(11)

[Repealed]

(12)

[Repealed]

(13)

[Repealed]

Compare: 1993 No 88 s 32

Section 139(2)(ba): inserted, on 11 August 2017, by section 96(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 139(2)(c): amended, on 11 August 2017, by section 96(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 139(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 139(3)(a): replaced, on 11 August 2017, by section 96(3) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 139(4): repealed, on 1 August 2012, by section 15 of the Land Transport Amendment Act 2011 (2011 No 31).

Section 139(5): repealed, on 1 August 2012, by section 15 of the Land Transport Amendment Act 2011 (2011 No 31).

Section 139(6): added, on 10 May 2011, by section 75 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 139(6)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 139(7): added, on 10 May 2011, by section 75 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 139(8) heading: repealed, on 20 October 2022, by section 139(13).

Section 139(8): repealed, on 20 October 2022, by section 139(13).

Section 139(9): repealed, on 20 October 2022, by section 139(13).

Section 139(10): repealed, on 20 October 2022, by section 139(13).

Section 139(11): repealed, on 20 October 2022, by section 139(13).

Section 139(12): repealed, on 20 October 2022, by section 139(13).

Section 139(13): repealed, on 20 October 2022, by section 139(13).