(Front page)
Enforcement authority
Queenstown Lakes District Council
Address for correspondence: [specify address]
Notice issued by: [full name], Harbourmaster
Details of person infringement notice issued to
Maritime document No (if applicable):
Alleged infringement offence(s) details
For each offence, specify the following:
Bylaw offence
provision | Offence | Infringement fee
payable ($) |
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Service details
This infringement notice was served by [method of service] on [date].
Time for payment of infringement fee(s)
The infringement fee is/fees are* payable within 28 days after [date this notice is delivered personally, or served by post].
Method of payment
The infringement fee is/fees are* payable to the enforcement authority either online or in person.
To pay online, go to [specify relevant Internet site]. Online payments must refer to the infringement notice number at the top of this notice and must be made to [specify account number].
To pay in person, visit one of the following locations: [specify address or addresses for payment in person, with a contact number if applicable].
What you need to know
If you pay the infringement fee in full as shown above, no further action will be taken. For a more detailed statement of your rights, see the back page onwards. This statement includes—
what happens if you are late paying the fee or don’t pay the fee at all (see paragraphs 4 to 6):
what to do if you want to query this notice (see paragraphs 8 to 13).
(Back page)
Statement of rights
If there is anything in this statement you do not understand, you should consult a lawyer immediately.
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.
Payment
2
If you pay the infringement fee for an alleged offence within 28 days after the service of this notice on you, no further enforcement action will be taken for that offence. Payments may be made as indicated on the front page of this notice. Please note that unless you have an arrangement as described in paragraph 3, part payment of an infringement fee is not sufficient to avoid further enforcement action for the offence.
3
If the enforcement authority offers the ability to pay an infringement fee by instalments and you enter into an instalment arrangement,—
(a)
the time to pay will be agreed with the enforcement authority:
(b)
the enforcement action in paragraphs 4 to 6 may be taken if you default on a payment:
(c)
you can’t request a court hearing about the infringement offence (see paragraph 12).
What happens if you do not pay on time
4
If you do not pay the infringement fee or request a hearing within 28 days after being served with this notice, a reminder notice will be sent to you (unless the enforcement authority decides otherwise). Please note that in some circumstances if you do not receive a reminder notice you may still become liable to pay a fine and court costs as set out in paragraph 5.
5
If you do not pay the infringement fee and do not request a hearing within 28 days after being served with the reminder notice,—
(a)
the enforcement authority may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and
(b)
if so, you will become liable to pay court costs as well as a fine.
6
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Defence
7
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee for that offence has been paid in full to the enforcement authority in the manner specified in this notice before, or within 28 days after, a reminder notice for the alleged offence is served on you. Late payment or payment made to any other address will not constitute a defence.
Further action you may take
8
You may notify the enforcement authority in writing, at the address shown on this notice, 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 (see paragraph 9); or
(c)
admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (see paragraph 10).
You must sign any notification under this paragraph and it must be delivered to the enforcement authority within 28 days after you have been served with this notice, or within any further time that the enforcement authority allows.
9
If, in your written communication to the enforcement authority referred to in paragraph 8, you deny liability for the offence and request a court hearing, the enforcement authority will serve you with a notice of hearing setting out the place and time at which the court will hear the matter (unless the enforcement authority decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that is greater than the infringement fee. Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty and you will be required to pay a hearing fee. You cannot get a conviction for an infringement offence.
10
If you admit liability for the offence but wish the court to consider your submissions as to penalty or otherwise, you must, in your written communication to the enforcement authority,—
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
11
If you take the action in paragraph 10, the enforcement authority will file your written communication with the court (unless it decides to take no further action to require payment for the alleged offence). If the letter is filed with the court, you will not be entitled to make oral submissions to the court.
Note: The court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that is greater than the infringement fee. Also, costs will be imposed in addition to any penalty. You cannot get a conviction for an infringement offence.
12
If the enforcement authority offers the ability to pay an infringement fee by instalments and you enter into an instalment arrangement, paragraphs 8(b) and (c) and 9 to 11 do not apply, and you are not entitled 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 offence.
Correspondence with the enforcement authority
13
When writing or making payment of an infringement fee to the enforcement authority, 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 each alleged offence (if this notice sets out more than 1 offence and you are not paying all the infringement fees for the alleged offences); and
(d)
your full name and full address for replies.
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 of this notice.
Note: All queries and correspondence regarding the infringement offence(s) must be directed to the enforcement authority at the address shown on the front page.
Further details of your rights and obligations
14
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.