Electricity (Safety) Regulations 2010

Schedule 3 Infringement notice and reminder notice

r 12

Form 1 Infringement notice

Section 165B, Electricity Act 1992

Infringement notice number:

This infringement notice is sent under section 165B of the Electricity Act 1992—

  • to you (see details below):

  • in respect of an alleged infringement offence (the offence—see details below):

  • by a person authorised to issue an infringement notice (the informant—see details below).

This notice is served on you on [date] by [specify post or personal service].

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against [specify provision of Electricity Act 1992 or Electricity (Safety) Regulations 2010]

Details of informant

WorkSafe/Secretary/Registrar*

*Select one.

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is $[amount].

The infringement fee is payable on or before [date], which is 28 days after the date of service.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the due date.

If paying by cheque, the cheque must be made out to [specify] and be crossed not negotiable. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from your address as shown on this notice.

Paying infringement fee by due date

If you pay the infringement fee on or before the due date, no further action will be taken against you.

General inquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Right to request a hearing
Grounds for request

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

How to make request

If you write to request a hearing, the request must be signed by you and be received by the informant on or before the due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Denying liability

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

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

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

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

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any penalty.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you have not paid the infringement fee by the due date, and have not requested a hearing on or before that date (or within any further time that the informant allows), the informant may send you a reminder notice. The reminder notice will set out a final due date, which will be the date that is 28 days after the date on which the reminder notice is served on you.

If you do not pay the infringement fee on or before that final due date, and you do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee (less any amount already paid).

Further information

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, contact a lawyer.

Schedule 3 form 1: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Schedule 3 form 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 2 Infringement reminder notice

Section 165B, Electricity Act 1992

Infringement notice number:

An infringement notice was sent under section 165B of the Electricity Act 1992—

  • to you (see details below):

  • in respect of an alleged infringement offence (the offence—see details below):

  • by a person authorised to issue an infringement notice (the informant—see details below).

The infringement notice was served on you on [date] by [specify post or personal service].

This reminder notice is served on you on [date] by [specify post or personal service] at [full address at which reminder notice served].

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against [specify provision of Electricity Act 1992 or Electricity (Safety) Regulations 2010]

Details of informant

WorkSafe/Secretary/Registrar*

*Select one.

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is $[amount].

Final due date

The due date for payment of the infringement fee was [date]. By that date, payment had not been received and you had not requested a hearing.

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

The infringement fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the final due date.

If paying by cheque, the cheque must be made out to [specify] and be crossed not negotiable. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from your address as shown on this notice.

Paying infringement fee by final due date

You can pay the infringement fee to the informant now, at the informant’s address. If you pay it on or before the final due date, no further action will be taken against you.

General inquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the final due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Right to request a hearing
Grounds for request

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

How to make request

If you write to request a hearing, the request must be signed by you and be received by the informant on or before the final due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Denying liability

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

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

Admitting liability

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

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

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

Defences

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the final due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you do not pay the infringement fee on or before the final due date, and you do not request a hearing on or before that date (or within any further time that the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee (less any amount already paid).

Further information

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, contact a lawyer.

Schedule 3 form 2: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Schedule 3 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).