(Front)
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(Issued under the authority of section 343C(3) of the Resource Management Act 1991) |
Enforcement authority: [specify enforcement authority and its contact details]
Enforcement officer identification:
To [full name], [full address], [other identifying details, if known; for example, date of birth]
Details of alleged infringement offence
The fee for this infringement is $.
Payment of infringement fee
The infringement fee is payable to the enforcement authority within 28 days after [date notice is delivered personally or posted]
The infringement fee is payable to the enforcement authority at [address at which fee may be paid]
The contact details of the enforcement authority are as follows:
Payments by cheque should be crossed “Not Transferable”
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Signature of enforcement officer
Important |
Please read summary of rights printed overleaf |
Summary of rights
Note: If, after reading this summary, you do not understand anything in it, you should consult a lawyer immediately.
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Payment |
1 | If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you in respect of this infringement offence. Payments should be made to the enforcement authority at the address shown on the front of this notice. Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time to pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 3 and 4 below do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement. |
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Further action |
2 | If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing a letter and delivering it to the enforcement authority at the address shown on the front of this notice within 28 days after the service of a reminder notice in respect of the offence. |
3 | If you deny liability and wish to request a hearing in the District Court in respect of the alleged offence, you must, within 28 days after the service of a reminder notice in respect of the offence, deliver to the enforcement authority at the address shown on the front page of this notice a letter requesting a court hearing in respect of the offence. The enforcement authority will then, if it decides 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: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty. |
4 | If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or otherwise, you must, within 28 days after the service of a reminder notice in respect of the offence, deliver to the enforcement authority at the address shown on the front page of this notice a letter requesting a hearing in respect of the offence and in the same letter admit liability in respect of the offence and set out the submissions that you would wish to be considered by the court. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. There is no provision for an oral hearing before the court if you follow this course of action. Note: Costs will be imposed in addition to any penalty. |
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Non-payment of fee |
5 | If you do not pay the infringement fee and do not deliver a letter requesting a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise). |
6 | If you do not pay the infringement fee and do not deliver a letter requesting 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 enforcement authority decides not to commence court proceedings against you). |
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Defence |
7 | You will have a complete defence against proceedings relating to the alleged offence if the infringement fee is paid to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of a reminder notice in respect of the offence. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence. |
8 | (1) | This paragraph describes a defence additional to the one described in paragraph 7. This defence is available if you are charged with an infringement offence against any of sections 9, 12, 13, 14, and 15 of the Resource Management Act 1991. |
| (2) | You must prove either of the following to have the defence: |
| | (a) | |
| | | (i) | the action or event to which the infringement notice relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and |
| | | (ii) | your conduct was reasonable in the circumstances; and |
| | | (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred; or |
| | (b) | |
| | | (i) | the action or event to which the infringement notice relates was due to an event beyond your control, including natural disaster, mechanical failure, or sabotage; and |
| | | (ii) | you could not reasonably have foreseen or provided against the action or event; and |
| | | (iii) | you adequately mitigated or remedied the effects of the action or event after it occurred. |
| (3) | Subparagraph (2) does not apply unless— |
| | (a) | you deliver a written notice to the enforcement agency; and |
| | (b) | |
| | | (i) | state that you intend to rely on subparagraph (2)(a) or (b); and |
| | | (ii) | specify the facts that support your reliance on subparagraph (2)(a) or (b); and |
| | (c) | |
| | | (i) | within 7 days after you receive the infringement notice; or |
| | | (ii) | within a longer period allowed by a District Court. |
| (4) | If you do not comply with subparagraph (3), you may ask the District Court to give you leave to rely on subparagraph (2)(a) or (b). |
8A | (1) | This paragraph describes a defence additional to those described in paragraphs 7 and 8. This defence is available if— |
| | (a) | |
| | | (i) | |
| | | (ii) | |
| | | (iii) | |
| | (b) | you may be liable for an offence alleged to have been committed by— |
| | | (i) | |
| | | (ii) | |
| | | (iii) | the person in charge of your ship. |
| (2) | If you are a natural person, including a partner in a firm, you must prove either of the following to have the defence: |
| | (a) | |
| | | (i) | did not know, and could not reasonably be expected to have known, that the offence was to be, or was being, committed; and |
| | | (ii) | took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or |
| | (b) | that you took all reasonable steps to— |
| | | (i) | prevent the commission of the offence; and |
| | | (ii) | remedy any effects of the act or omission giving rise to the offence. |
| (3) | If you are not a natural person (for example, you are a body corporate), you must prove either of the following to have the defence: |
| | (a) | |
| | | (i) | neither the directors (if any) nor any person involved in your management knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and |
| | | (ii) | you took all reasonable steps to remedy any effects of the act or omission giving rise to the offence; or |
| | (b) | that you took all reasonable steps to— |
| | | (i) | prevent the commission of the offence; and |
| | | (ii) | remedy any effects of the act or omission giving rise to the offence. |
8B | (1) | This paragraph describes a defence additional to the defences described in paragraphs 7, 8, and 8A. This defence is available if you are charged with an infringement offence against section 15A(1)(a) of the Resource Management Act 1991 (relating to dumping waste or other matter in the coastal marine area from a ship, aircraft, or offshore installation). |
| (2) | In order to have the defence, you must prove all of the following in relation to the act or omission that is alleged to constitute the offence: |
| | (a) that the act or omission was necessary— (i) to save or prevent danger to human life; or (ii) to avert a serious threat to any ship, aircraft, or offshore installation; or (iii) in the case of force majeure caused by stress of weather, to secure the safety of any ship, aircraft, or offshore installation; and (b) that the act or omission was a reasonable step to take in all the circumstances; and (c) that the act or omission was likely to result in less damage than would otherwise have occurred; and (d) that the act or omission was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. |
8C | (1) | This paragraph describes a defence additional to the defences described in paragraphs 7, 8, 8A, and 8B. This defence is available if you are charged with an infringement offence against section 15B(1) or (2) of the Resource Management Act 1991 (relating to certain discharges of a harmful substance, a contaminant, or water in the coastal marine area from a ship or offshore installation). |
| (2) | You must prove either of the following to have the defence: |
| | (a) that the harmful substance, contaminant, or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or (b) that the harmful substance, contaminant, or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment, and— (i) such damage occurred without your negligence or deliberate act; and (ii) as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance, contaminant, or water or, if any such escape could not be prevented, to minimise any escape. |
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Queries/correspondence |
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 full address for replies (if you are not paying all the infringement fees for all the alleged offences). |
Full details of your rights and obligations are set out in sections 340 to 343D of the Resource Management Act 1991 and section 21 of the Summary Proceedings Act 1957.
Note: All payments, all queries, and all correspondence regarding this infringement must be directed to the enforcement authority at the address shown.
Schedule 2: amended, on 3 September 2020, by regulation 20(5) of the Resource Management (Stock Exclusion) Regulations 2020 (LI 2020/175).
Schedule 2: amended, on 30 September 2010, by regulation 5(2)(a) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(2)(b) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(3)(a) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(3)(b) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(4)(a) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(4)(b) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(5)(a) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(5)(b) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(6) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(7) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(8) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(9) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(10)(a) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(10)(b) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 30 September 2010, by regulation 5(11) of the Resource Management (Infringement Offences) Amendment Regulations 2010 (SR 2010/280).
Schedule 2: amended, on 10 October 2006, by regulation 6(a) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 10 October 2006, by regulation 6(b) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 10 October 2006, by regulation 6(c) of the Resource Management (Infringement Offences) Amendment Regulations (No 2) 2006 (SR 2006/267).
Schedule 2: amended, on 1 June 2006, by regulation 3(1) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(2) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(3) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(4) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(5) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).
Schedule 2: amended, on 1 June 2006, by regulation 3(6) of the Resource Management (Infringement Offences) Amendment Regulations 2006 (SR 2006/100).