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StatuteResource Management Act 1991

Section 343C — Resource Management Act 1991: Infringement notices

Text of the provision Official document

343C Infringement notices (1) Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person. (2) Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, for the purposes of the Summary Proceedings Act 1957 , it (or the copy) shall be deemed to have been served on that person when it was posted. (3) 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; and (b) The amount of the infringement fee specified for that offence; and (c) The address of the place at which the infringement fee may be paid; and (d) The time within which the infringement fee must be paid; and (e) A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957 ; and (f) A statement that the person served with the notice has a right to request a hearing; and (g) A statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and (h) Such other particulars as are prescribed. (4) If an infringement notice has been issued under this section,— (a) a reminder notice must be in the form prescribed under this Act; and (b) proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 , and the provisions of that section apply with all necessary modifications. Sections 343A to 343D were inserted, as from 2 September 1996, by section 18 Resource Management Amendment Act 1996 (1996 No 160). Subsection (4) was substituted, as from 9 October 2006, by section 36(1) Summary Proceedings Amendment Act 2006 (2006 No 13).

Official source: legislation.govt.nz

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