Issued under section 423 of the Maritime Transport Act 1994

Notice No:

Director of Maritime New Zealand

Full name: [forenames, surname]

Full address:

Occupation:

Date of birth:

Marine protection document No (where applicable):

Date:

Time:

Place:

Vessel name:

Flag, port of registry, and official No:

The infringement fee(s) is/are payable within 28 days after the date this notice is delivered personally, or served by post.

Maritime New Zealand

[address]

Please present both copies of this notice when making payment

Cheques or money orders should be made out to Maritime New Zealand and should be crossed and marked “Not transferable” or “Account payee only”.

Issued by:

being a person duly authorised by the Director of Maritime New Zealand

• 1

  This notice sets out 1 or more alleged infringement offences. Each offence that is 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, as set out below.

• 2

  If you pay the infringement fee for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at places indicated on the front page of this notice.

• 3

  You have a complete defence against proceedings for an alleged offence if the infringement fee for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence.

• 4

  If you wish to—

  • (a)

    raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or

  • (b)

    deny liability for the offence and request a court hearing; or

  • (c)

    admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise—

  you should write to the enforcement authority at the address shown on the front page of this notice. Any such letter should be personally signed.

• 5

  If you deny liability for the offence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

•  

  Note: That if the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

• 6

  If you admit liability for the offence but want the court to consider your submissions as to penalty or otherwise, you should in your letter to the enforcement authority—

  • (a)

    request a hearing; and

  • (b)

    admit liability; and

  • (c)

    set out the written submissions you wish to be considered by the court.

  The enforcement authority will then file your letter with the court (unless it decides not to commence court proceedings in respect of the offence). There is no provision for an oral hearing before the court if you follow this course of action.

•  

  Note: That costs will be imposed in addition to any penalty.

• 7

  If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after the service on you of this notice you will (unless the enforcement authority decides otherwise) be served with a reminder notice.

• 8

  If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee, unless the enforcement authority decides not to commence proceedings against you.

• 9

  When writing or making payment of an infringement fee, please indicate—

  • (a)

    the date of the infringement offence; and

  • (b)

    the infringement notice number; and

  • (c)

    the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all the infringement fees for all the alleged offences); and

  • (d)

    your address for replies (if you are not paying all the infringement fees for all the alleged offences).

  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 on the front page of this notice.

• Note: All queries and/or correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.

Notice No:

Informant—

Full name:

or

Position:

Full address:

Person to whom infringement notice issued—

Full name:

Full address:

Telephone No:

Occupation (if an individual):

Date of birth (if an individual):

Gender (if an individual):

Maritime protection document No (if applicable):

Date:

Time:

Place:

Vessel:

Official No:

Flag:

Port of registry:

Total infringement fee payable: $

Infringement notice issued by—

Full name:

or

No (if applicable):

who is a person duly authorised by [specify]

The infringement fee was payable within 28 days after [date infringement notice was delivered personally or posted].

The infringement fee remains payable to the informant at the informant’s address shown on the front page.

The last day for payment is 28 days after [date reminder notice is delivered personally or posted].

Please show or return this notice when making your payment.

Cheques or money orders should be made out to [specify] and should be crossed and marked “Not transferable” or “Account payee only”.

(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] at [full address of service] on [date of service]

Please read the summary of rights printed on the next page. If you do not understand it, you should consult your lawyer immediately.

You have not paid the infringement fee specified on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.

• 1

  This paragraph applies to you if you enter, or have entered, a time to pay arrangement for the infringement fee with the informant under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957. You cannot then act in the ways described in paragraphs 4(b) and 5 or paragraphs 4(c) and 6.

• 2

  If you pay the infringement fee for an alleged offence within 28 days after you are served with this notice, no further enforcement action on the offence will be taken. You must pay the infringement fee to the informant at the informant’s address shown on the front page.

• 3

  You have a complete defence against court proceedings for an alleged offence if you pay the infringement fee for the alleged offence to the informant at the informant’s address shown on the front page within 28 days after you are served with this notice. Payment made to any other address is not a defence, and neither is late payment.

• 4

  You must write a letter to the informant if you want to—

  • (a)

    raise a matter for the informant’s consideration relating to the circumstances of an alleged offence; or

  • (b)

    deny liability for an alleged offence and request a court hearing (see paragraphs 5 and 8); or

  • (c)

    admit liability for an alleged offence but have a court consider written submissions on the penalty or any other matter (see paragraphs 6 and 8).

  You must personally sign the letter, address it to the informant at the address shown on the front page, and post it within 28 days after you are served with this notice.

• 5

  This paragraph applies to you if you deny liability for the offence and request a court hearing. The informant will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court. (Alternatively, the informant may decide not to start court proceedings for the offence.)

• Note: If the court finds you guilty of the offence, it will impose a fine and costs.

• 6

  This paragraph applies to you if you admit liability for the offence but want the court to consider written submissions on the penalty or any other matter. In your letter to the informant you must—

  • (a)

    admit liability; and

  • (b)

    request a hearing; and

  • (c)

    write the submissions you want the court to consider.

  The informant will file your letter with the court. You do not have an oral hearing before the court if you act in this way. (Alternatively, the informant may decide not to start court proceedings for the offence.)

• Note: If the court imposes a fine, it will also order you to pay costs.

• 7

  This paragraph applies to you if you do not pay the infringement fee and do not request a hearing about the alleged offence within 28 days after you are served with this notice. If the informant decides to start court proceedings against you, you will become liable to pay a fine and costs.

• 8

  When paying an infringement fee to the informant, or writing a letter to the informant, please state—

  • (a)

    the infringement notice number; and

  • (b)

    the date of the alleged infringement offence; and

  • (c)

    your full name and full address for replies.

Note: You must address all correspondence about the alleged infringement offence to the informant at the informant’s address shown on the front page.