New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 423

423 Infringement notices

1 The Director, any person duly authorised by the Director, any harbourmaster, or any enforcement officer appointed under section 33G , may issue an infringement notice to any person if he or she—

a) observes the person committing an infringement offence; or

b) has reasonable cause to believe the person is committing or has committed an infringement offence.

1A An infringement notice for an infringement offence against section 200B may be issued by the Director, a person duly authorised by the Director, a constable, a harbourmaster, or a person duly authorised by the regional council or other local authority in whose region or district the offence was committed.

2 An infringement notice may be served—

a) by delivering it personally to the person who appears to have committed the infringement offence; or

b) by sending it by post addressed to him or her at his or her last known place of residence or business; or

c) where the person is a holder of a maritime document or marine protection document, by serving it by post on that person at his or her last address for service provided under section 35 or section 269 .

3 An infringement notice sent to a person by post under paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it would have been delivered in the ordinary course of post.

4 Every infringement notice shall be in the prescribed form and shall contain the following particulars:

a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:

b) the amount of the infringement fee for that offence:

c) the address at which the infringement fee may be paid:

d) the time within which the infringement fee shall be paid:

e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957 :

f) a statement of the right of the person served with the notice to request a hearing:

g) a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:

h) such other particulars as are prescribed in regulations made under this Act.

5 Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.

6 Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 , and in that case the provisions of that section shall, with the necessary modifications, apply.

Note: 1990 No 98 s 58

History: Section 423(1): replaced, on 23 October 2013, by section 72(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 423(1A): inserted, on 19 December 1998, by section 6 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).     Section 423(1A): amended, on 23 October 2013, by section 72(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 423(1A): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 423(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).