Form 22
Infringement notice

Section 207Z, Companies Act 1993

This infringement notice is issued by: [full name of Registrar, Registrar's full title].

Address for correspondence and queries:

Infringement notice served on—

The offence is one against section [specify either section 207G(2) or 207G(3)] of the Companies Act 1993 in respect of a failure referred to in section 207G(1)(e) of that Act (which relates to failing to register financial statements).

Place to which copy of statements and auditor's report should have been delivered:

Name of company or overseas company concerned:

Incorporation or registration number of company or overseas company concerned:

Address of company or overseas company concerned: [specify registered office or, if there is no registered office in New Zealand, the principal place of business in New Zealand]

Nature of alleged infringement:

The infringement fee payable is $7,000.

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

The infringement fee is payable within 28 days after [date notice delivered personally or sent by post].

The infringement fee may be paid to the enforcement authority at [address] by [specify method(s)].

Important: Please read the summary below—if you do not understand it, you should consult a lawyer immediately.

• 1 This notice sets out an alleged infringement offence.

• 2 If you pay the infringement fee for an alleged infringement offence within 28 days after you have been served with this notice, no further enforcement action will be taken for that offence. Payments should be made to the enforcement authority at the address for payment specified in this notice.

  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 4(b), 4(c), 5, 6, and 7 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.

• 3 You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to the enforcement authority, at the address for payment specified in this notice, before or within 28 days after a reminder notice in respect of the alleged offence is served on you. Late payment or payment made to any other address will not constitute a defence.

• 4 You should write to the enforcement authority at the address for correspondence shown on the front page of 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 alleged offence and request a court hearing; or

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

  The letter should be signed.

• 5 You have a right to request a hearing. If you deny liability for the alleged offence and request a hearing, the enforcement authority will serve you with a notice of hearing that sets out the place and time at which the matter will be heard by the court (unless the authority decides not to start court proceedings).

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

• 6 A request for a hearing must—

  • (a) be in writing and signed by you; and

  • (b) be delivered to the enforcement authority at the address for correspondence shown on the front page of this notice; and

  • (c) be delivered within 28 days after you have been served with a reminder notice.

• 7 If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter to the enforcement authority,—

  • (a) request a hearing; and

  • (b) admit liability for the offence; and

  • (c) set out the written submissions you wish to be considered by the court.

  The enforcement authority will then file your letter with the court (unless the enforcement authority decides not to start 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.

• 8 If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after you have been served with this notice, you will (unless the enforcement authority decides otherwise) be served with a reminder notice.

• 9 If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to a fine (if the enforcement authority decides to start court proceedings against you). The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

• 10 When writing or making payment of an infringement fee, please indicate—

  • (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 queries and correspondence regarding the infringement offence must be directed to the enforcement authority at the address shown on the front page of this notice.

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

Form 23
Reminder notice

Section 207ZA, Companies Act 1993

Infringement notice issued by: [full name of Registrar, Registrar's full title]

Address for correspondence and queries:

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

Infringement notice served on—

The offence is one against section [specify either section 207G(2) or 207G(3)] of the Companies Act 1993 in respect of a failure referred to in section 207G(1)(e) of that Act (which relates to failing to register financial statements).

Place to which copy of statements and auditor's report should have been delivered:

Company or overseas company concerned:

Incorporation or registration number of company or overseas company concerned:

Address of company or overseas company concerned: [specify registered office or, if there is no registered office in New Zealand, the principal place of business in New Zealand]

Nature of alleged infringement:

The infringement fee payable is $7,000.

The amount of the infringement fee remaining unpaid:

(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].

The infringement fee was payable to the enforcement authority within 28 days after [date infringement notice was delivered personally or sent by post]. The infringement fee remains payable to the enforcement authority at [address].

The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice. The payment may be made by [specify method(s)].

Important: Please read the summary below—if you do not understand it, you should consult a lawyer immediately.

• 1 You have not paid the infringement fee described on the front page, 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.

• 2 If you pay the infringement fee for an alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for that offence. Payments should be made to the enforcement authority at the address for payment specified in this notice.

  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 4(b), 4(c), 5, 6, and 7 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.

• 3 You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to the enforcement authority, at the address for payment specified in this notice, before or within 28 days after a reminder notice in respect of the alleged offence is served on you. Late payment or payment made to any other address will not constitute a defence.

• 4 You should write to the enforcement authority at the address for correspondence shown on the front page of 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 alleged offence and request a court hearing; or

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

  The letter should be signed.

• 5 You have a right to request a hearing. If you deny liability for the alleged offence and request a hearing, the enforcement authority will serve you with a notice of hearing that sets out the place and time at which the matter will be heard by the court (unless the enforcement authority decides not to start court proceedings).

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

• 6 A request for a hearing must—

  • (a) be in writing and signed by you; and

  • (b) be delivered to the enforcement authority at the address for correspondence shown on the front page of this notice; and

  • (c) be delivered within 28 days after you are served with this notice.

• 7 If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter to the enforcement authority,—

  • (a) request a hearing; and

  • (b) admit liability for the offence; and

  • (c) set out the written submissions you wish to be considered by the court.

  The enforcement authority will then file your letter with the court (unless the enforcement authority decides not to start 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.

• 8 If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with this reminder notice, you will become liable to pay costs in addition to a fine (if the enforcement authority decides to start court proceedings against you). The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

• 9 When writing or making payment of an infringement fee, please indicate—

  • (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 queries and correspondence regarding the infringement offence must be directed to the enforcement authority at the address shown on the front page of this notice.

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