Reserve Bank of New Zealand (Infringement Notice and Reminder Notice) Regulations 2022

2022/146

Coat of Arms of New Zealand

Reserve Bank of New Zealand (Infringement Notice and Reminder Notice) Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 23rd day of May 2022

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 291(1)(b) of the Reserve Bank of New Zealand Act 2021

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Finance made after complying with section 291(2) of that Act.

Regulations

1 Title

These regulations are the Reserve Bank of New Zealand (Infringement Notice and Reminder Notice) Regulations 2022.

2 Commencement

These regulations come into force on 1 July 2022.

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

4 Infringement notice

An infringement notice issued under section 276 of the Reserve Bank of New Zealand Act 2021 must be in the form set out in Schedule 2.

5 Reminder notice

A reminder notice for the purpose of section 281 of the Reserve Bank of New Zealand Act 2021 must be in the form set out in Schedule 3.

Schedule 1 Transitional, savings, and related provisions

r 3

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Schedule 2 Infringement notice

r 4

Form Infringement notice

Section 276, Reserve Bank of New Zealand Act 2021

Infringement notice No:Date of notice:
Enforcement authority

This infringement notice is issued by the Reserve Bank of New Zealand.

Address for correspondence:

Details of person infringement notice issued to

Full name:

Full address:

†Date of birth:

*†Gender:

*†Occupation:

*Telephone number:

*Specify only if known.
†Omit if the notice is served on a company or other body corporate.
Details of alleged infringement offence

The offence is one against section [specify] of the Reserve Bank of New Zealand Act 2021.

Date:

Time:

Place:

Nature of alleged infringement:

Infringement fee payable:

Service details

This infringement notice was served by [method of service] on [date].

Payment of infringement fee

This infringement fee is payable within 28 days after [date infringement notice served].

This infringement fee may be paid to the Reserve Bank of New Zealand by [specify method(s)].

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 below. This includes—

  • what happens if you are late paying the fee or don’t pay the fee at all (see paragraphs 3 to 5):

  • what to do if you want to query this notice (see paragraphs 7 to 12).

Statement of rights

If there is anything in this statement you do not understand, you should consult a lawyer.

1

This notice sets out an alleged infringement offence.

Payments
2

If you pay the infringement fee in full as shown above in Payment of infringement fee, no further enforcement action will be taken for the offence. Please note that part payment of an infringement fee is not sufficient to avoid further enforcement action for the offence.

What happens if you do not pay on time
3

If you do not pay the infringement fee on time as shown above and do not request a hearing (see paragraph 7 for your ability to do this), you will be served with a reminder notice (unless the Reserve Bank of New Zealand decides to take no further action to require payment for the alleged offence). 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 4.

4

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 Reserve Bank of New Zealand 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.

5

The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

Defence
6

You have a complete defence against proceedings for the alleged infringement offence if the infringement fee has been paid in full to the Reserve Bank of New Zealand 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 in any other manner is not a defence.

Further action you may take
7

You may—

(a)

ask the Reserve Bank of New Zealand to consider any matter relating to the circumstances of the alleged offence; or

(b)

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

(c)

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

8

To take an action listed in paragraph 7, you must write to the Reserve Bank of New Zealand at the address shown on this notice. You must sign the written communication and it must be delivered within 28 days after you have been served with this notice, or within any further time that the Reserve Bank of New Zealand allows.

9

If, in your written communication to the enforcement authority referred to in paragraph 8, you deny liability for the alleged offence and request a court hearing, the Reserve Bank of New Zealand will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless the Reserve Bank of New Zealand 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 alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your written communication to the enforcement authority,—

(a)

request a hearing; and

(b)

admit liability for the offence; and

(c)

set out the submissions you wish the court to consider.

11

If you take the action in paragraph 10, the Reserve Bank of New Zealand will file your written communication with the court (unless the Reserve Bank of New Zealand decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before 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.

Contacting the enforcement authority
12

When writing, please specify—

(a)

the date of the alleged infringement offence; and

(b)

the infringement notice number; and

(c)

your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to the Reserve Bank of New Zealand at the address shown on this notice.

Further details of your rights and obligations
13

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Schedule 3 Reminder notice

r 5

Reminder notice

Section 281, Reserve Bank of New Zealand Act 2021

Reminder notice No:Date of notice:

This notice is to remind you that you have been issued with an infringement notice. The details of the notice are as follows:

Enforcement authority

The infringement notice was issued by the Reserve Bank of New Zealand.

Address for correspondence:

Details of person to whom infringement notice issued

Full name:

Full address:

†Date of birth:

*†Gender:

*†Occupation:

*Telephone number:

*Specify only if known.
†Omit if the notice is served on a company or other body corporate.
Details of alleged infringement offence

The offence is one against section [specify] of the Reserve Bank of New Zealand Act 2021.

Date:

Time:

Place:

Nature of alleged infringement:

Infringement fee payable:

Amount of infringement fee remaining unpaid:

Service details

(To be provided for filing in court.)

Infringement notice served by [method of service] on [date].

Reminder notice served by [method of service] at [full address of service] on [date].

Payment of infringement fee

The infringement fee was payable to the Reserve Bank of New Zealand within 28 days after [date infringement notice served]. The infringement fee has not been paid.

The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.

The infringement fee may be paid to the Reserve Bank of New Zealand by [specify method(s)].

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 below. This includes—

  • what happens if you are late paying the fee or don’t pay the fee at all (see paragraphs 3 and 4):

  • what to do if you want to query this notice (see paragraphs 6 to 11).

Statement of rights

If there is anything in this statement you do not understand, you should consult a lawyer.

1

You have not paid the infringement fee described in this notice, 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.

Payments
2

If you pay the infringement fee in full within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to the Reserve Bank of New Zealand as shown above in Payment of infringement fee.

What happens if you do not pay on time
3

If you do not pay the infringement fee on time as shown above and do not request a hearing (see paragraph 6 for your ability to do this), you will become liable to pay court costs as well as a fine (unless the Reserve Bank of New Zealand decides to take no further action to require payment for the alleged offence).

4

The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

Defence
5

You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid in full to the Reserve Bank of New Zealand in the manner specified in this notice before, or within 28 days after, this reminder notice is served on you. Late payment or payment made in any other manner is not a defence.

Further action you may take
6

You may—

(a)

ask the Reserve Bank of New Zealand to consider any matter relating to the circumstances of the alleged offence; or

(b)

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

(c)

admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.

7

To take an action listed in paragraph 6, you must write to the Reserve Bank of New Zealand at the address shown on this notice. You must sign the written communication and it must be delivered within 28 days after you have been served with this notice, or within any further time that the Reserve Bank of New Zealand allows.

8

If, in your written communication to the enforcement authority referred to in paragraph 7, you deny liability for the alleged offence and request a court hearing, the Reserve Bank of New Zealand will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless the Reserve Bank of New Zealand 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.

9

If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your written communication to the enforcement authority,—

(a)

request a hearing; and

(b)

admit liability for the offence; and

(c)

set out the submissions you wish the court to consider.

10

If you take the action in paragraph 9, the Reserve Bank of New Zealand will file your written communication with the court (unless the Reserve Bank of New Zealand decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before 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.

Contacting the enforcement authority
11

When writing, please specify—

(a)

the date of the alleged infringement offence; and

(b)

the number of this reminder notice; and

(c)

your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to the Reserve Bank of New Zealand at the address shown on this notice.

Further details of your rights and obligations
12

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2022, prescribe the forms to be used for infringement notices and reminder notices issued under the Reserve Bank of New Zealand Act 2021 for infringement offences under sections 166 and 265 of that Act.

The offences relate to—

  • an operator of a bank note handling machine failing to comply with a notice from the Reserve Bank of New Zealand (the Reserve Bank) requiring them to test the machines for compliance with the relevant standards, and to report on that testing; and

  • an operator of a bank note handling machine failing to comply with a requirement from the Reserve Bank to temporarily cease operating the machine; and

  • certain financial service providers or associated persons failing to supply information in response to a written notice from the Reserve Bank seeking to gather information for the purpose of its central banking and financial system oversight functions.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 May 2022.

These regulations are administered by the Treasury.