235D Procedural requirements for infringement notices

(1)

An infringement notice may be served on a person who the Labour Inspector believes has committed the infringement offence—

(a)

by delivering it, or a copy of it, personally to the person; or

(b)

by sending it, or a copy of it, by post, addressed to the person at the person’s last known place of residence or business.

(2)

An infringement notice sent under subsection (1)(b) must be treated as having been served on the person on the date it was posted.

(3)

An infringement notice must be in the prescribed form and must contain—

(a)

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

(b)

the amount of the infringement fee; and

(c)

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

(d)

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

(e)

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

(f)

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

(g)

a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and

(h)

any other prescribed matters.

(4)

If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—

(a)

reminder notices may be prescribed; and

(b)

in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.

(5)

Reminder notices must contain the prescribed information.

Section 235D: inserted, on 1 April 2016, by section 36 of the Employment Relations Amendment Act 2016 (2016 No 9).