Weights and Measures Regulations 1999

Form 11 Reminder notice in respect of infringement offence

r 90

Section 32B(4), Weights and Measures Act 1987

(Front page)

Reminder notice No:

Details of person to whom infringement notice issued

To [full name, full address]

Date of birth (if known):*

Gender (if known):*

Occupation (if known):*

Telephone number (if known):*

*Not required if the notice is served on a company.
Enforcement authority

Ministry of Business, Innovation, and Employment

[Specify address of enforcement authority]

Alleged infringement offence

You are alleged to have committed an infringement offence against [specify provision] of the Weights and Measures Act 1987/Weights and Measures Regulations 1999*.

*Select one.
Details of alleged infringement offence

Name or number of inspector who issued notice: [specify name or number]

Nature of infringement:

Location:

Date:

Approximate time:

The fee for this infringement is $200/$500*.

*Select one.
Service details

(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] on [date of service]

Address at which reminder notice served: [insert full address or, if notice sent electronically, electronic address at which notice served]

The last date for payment is [date], being 28 days after the date of service recorded on this notice.

Infringement fee

The infringement fee for this offence is $200/$500*.

*Select one.

Amount of infringement fee unpaid: $[amount]

Total payable: $[amount]

Procedure for payment of infringement fee

Payment is to be made to the Ministry of Business, Innovation, and Employment by any of the following methods: [specify payment methods and address(es) or place(s) at which fee may be paid or, alternatively, refer to accompanying letter].

Please quote the infringement notice number shown above when making payment.

Payments by cheque or money order should be made payable to the Ministry of Business, Innovation, and Employment and marked “a/c payee”.

 

Important: Please read the notes to defendant printed overleaf.

(Back page)   Notes to defendant

Important information
1

If, after reading these notes, you do not understand anything in the notes, you should consult a lawyer immediately.

2

If you wish to deny the alleged offence, request the cancellation of this notice, request the transfer of this notice to another person, or have a court consider submissions as to penalty or otherwise, follow the directions in paragraph 10.

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 the Ministry of Business, Innovation, and Employment in respect of an infringement fee payable by you, paragraphs 10(b), 10(c), 11, and 12 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.

Final due date
3

The due date for payment of the infringement fee was [specify date]. By that date, payment was not received (or payment was not received in full) and you had not requested a hearing.

4

The final due date is now [specify date], which is 28 days after the day on which this notice was served on you.

Payment of infringement fee
5

If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you. Payments may be made as indicated on the front page of this notice and must be received on or before the final due date.

Note: Payment of the infringement fee is not a personal admission of guilt and will not result in the establishment of a criminal record.

Defences
6

You will have a complete defence against proceedings if you can show the infringement fee has been paid to the Ministry of Business, Innovation, and Employment at any of the place(s) for payment indicated on the front page of this notice before or within 28 days after you were served with this reminder notice.

Note: Late payment, or payment made at any other place, will not constitute a defence to proceedings in respect of the alleged offence.

7

If this reminder notice relates to an offence against section 14(1) of the Weights and Measures Act 1987 in respect of delivery to the purchaser of an invoice or a delivery note showing the true net weight or measure of goods purchased, it is a defence to the proceedings for that offence if you are able to prove that—

(a)

you were not the seller of the goods delivered to the purchaser; and

(b)

you neither knew nor might reasonably have been expected to know, nor had any reason to suspect, that the weight or measure stated on the invoice or delivery note was not the true weight or measure of the goods.

8

If this reminder notice relates to an offence against section 16A of the Weights and Measures Act 1987 in relation to a package from a lot of packages containing desiccating goods, it is a defence to proceedings for that offence if you are able to prove that,—

(a)

at all times during the period beginning at the time when the package was made up and ending on the 7th day after the day the package was made up,—

(i)

the weighted average quantity of any sample taken from the lot of packages, as determined in accordance with the Weights and Measures Regulations 1999, was equal to or exceeded the quantity stated on the package or a label attached to it; and

(ii)

the number of non-standard packages in any sample taken from the lot of packages was equal to or less than the appropriate number specified for the purpose by those regulations; and

(iii)

there were no inadequate packages in any sample taken from the lot of packages; or

(b)

at any time after the close of the period specified in subparagraph (a), a sample taken from the lot contained no inadequate packages.

9

If this reminder notice relates to an offence against section 24 of the Weights and Measures Act 1987 (which makes it an offence to use for trade, or have in possession for use in trade, any weight, measure, or weighing or measuring instrument that is false or unjust, even if it is stamped with a verification mark), you have a defence to proceedings for that offence if you are able to prove that—

(a)

there was a certificate of accuracy in force at the time of the offence in respect of the weight, measure, or weighing or measuring instrument; and

(b)

you neither knew nor had any reason to suspect that the weight, measure, or weighing or measuring instrument was false or unjust.

Further action
10

You should write to the Ministry of Business, Innovation, and Employment at the address indicated on the front page of this notice if you wish to—

(a)

raise any matter relating to the alleged offence for consideration by the Ministry of Business, Innovation, and Employment (including cancellation of this notice or request for transfer of the notice to another person); or

(b)

deny liability for the offence and request a court hearing (refer to paragraph 11); or

(c)

admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraph 12).

You must ensure that your request is received on or before the last day for payment. Any such letter should be personally signed.

11

If you deny liability for the offence and request a hearing, the Ministry of Business, Innovation, and Employment will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Ministry decides not to commence court proceedings).

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

12

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—

(a)

ask for a hearing; and

(b)

admit the offence; and

(c)

set out the written submissions you wish the court to consider.

The Ministry of Business, Innovation, and Employment will then file your letter with the court (unless the Ministry decides not to commence court proceedings). 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.

Consequences of taking no action
13

If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will become liable to pay costs in addition to the infringement fee (unless the Ministry of Business, Innovation, and Employment decides not to commence proceedings against you).

Queries/correspondence
14

When writing or making payment, please include—

(a)

the date of the infringement; and

(b)

the infringement notice number; and

(c)

your address for replies.

Note: All queries and correspondence regarding this infringement must be directed to the Ministry of Business, Innovation, and Employment [specify address for correspondence or refer to accompanying letter].

Further information
15

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, you should contact a lawyer.

Schedule 5 form 11: replaced, on 23 May 2014, by regulation 8(3) of the Weights and Measures Amendment Regulations 2014 (LI 2014/136).