Rights and obligations for infringement notices

Introduction

Full summary of rights and obligations for infringement notices.

On this page:

Infringement notice issued under the Freedom Camping Act 2011

Summary of rights

Note: Read this summary. If you do not understand it, you should consult a lawyer immediately.

Payment

1. If you pay the infringement fee within 28 days after the service of this notice, no further action will be taken against you in respect of this infringement offence. Payments should be made to the enforcement authority at the address shown on the front page of this notice. 

Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter, or have entered, into a payment by instalment arrangement with the enforcement authority in respect of an infringement fee payable by you, paragraphs 3 and 4 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.

Further action

2. If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing a letter and delivering it to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of any reminder notice in respect of the offence.

3. If you deny liability and wish to request a hearing in the District Court in respect of the alleged offence, you must, within 28 days after the service of any reminder notice in respect of the offence, deliver a letter requesting a court hearing in respect of the offence to the enforcement authority at the address shown on the front page of this The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

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

4. If you admit liability in respect of the alleged offence but wish to have the court consider submissions as to penalty or otherwise, you must, within 28 days after the service of a reminder notice in respect of the offence, deliver a letter requesting a hearing in respect of the offence to the enforcement authority at the address shown on the front page of this notice and in the same letter admit liability in respect of the offence and set out the submissions that you would wish to be considered by the court. The enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the 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.

Non-payment of fee

5. If you do not pay the infringement fee and do not deliver a letter requesting a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise).

6. If you do not pay the infringement fee and do not deliver a letter requesting a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you).

Defence

7. You will have a complete defence against proceedings relating to the alleged offence if the infringement fee is paid to the enforcement authority at the address shown on the front page of this notice within 28 days after the service of a reminder notice in respect of the offence. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence. 

8. This paragraph describes a defence additional to the one described in paragraph 7. You must prove the following to have the defence:

    1. that the act or omission giving rise to the alleged offence to which the infringement notice relates was due to an action or event beyond your control; and
    2. you could not reasonably have foreseen or prevented the action or event; and
    3. you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred. 

9. This paragraph describes a defence additional to those described in paragraphs 7 and 8. You must prove the following to have the defence:

    1. that the act or omission giving rise to the alleged offence to which the infringement notice relates was necessary to save or protect life or health, or to prevent injury, or to prevent serious damage to property, or to avoid actual or likely damage to the environment; and
    2. your conduct was reasonable in the circumstances; and
    3. you adequately remedied or mitigated the effects of the act or omission after the alleged offence occurred. 

10. This paragraph describes a defence additional to the defences described in paragraphs 7 to 9. This defence is available only if you are charged with an infringement offence against section 20(1)(b)(ii), (d), (h)(ii), or (k) of the Freedom Camping Act 2011. You must prove the following to have the defence:

    1. that the act giving rise to the alleged offence to which the infringement notice relates was necessary in the circumstances; and
    2. your conduct was reasonable in the circumstances; and
    3. you adequately remedied or mitigated the effects of the act after the alleged offence occurred. 

11. This paragraph describes 2 defences additional to the defences described in paragraphs 7 to 10. The defences are available if you are charged with an infringement offence in which a vehicle was used in the commission of the alleged offence and, at the time the alleged offence was committed, you were an owner of the vehicle, a registered person in relation to the vehicle, or lawfully entitled to its possession. You must do the following to have a defence:

    1. you must prove that another person, by virtue of an order under the Summary Proceedings Act 1957 became liable to pay a fine or cost, or both, in respect of the alleged offence; or
    2. you must
      1. prove that, at the time the alleged offence was committed, either you were not lawfully entitled to the possession of the vehicle or another person was unlawfully in charge of the vehicle; and
      2. advise the enforcement authority in writing of this immediately after becoming aware of the alleged offence; and
      3. do everything reasonably possible to comply with all requests of the enforcement authority to supply information to the authority regarding the person who was lawfully entitled to possession, or who was in charge, of the vehicle at the time of the offence. 

Queries and correspondence

12. When writing or making payment of an infringement fee, indicate

    1. the date of the infringement offence; and
    2. the infringement notice number; and
    3. the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than one offence and you are not paying all of the infringement fees for all of the alleged offences); and
    4. your full address for replies (if you are not paying all of the infringement fees for all of the alleged offences).

Full details of your rights and obligations are set out in sections 22 to 28 of the Freedom Camping Act 2011 and section 21 of the Summary Proceedings Act 1957.

Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the address shown on the front page of this notice.

Infringement notice issued under the TIES Act 1989 (Border offences only)

Information

If there is anything in these notes 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 for the alleged infringement offence within 14 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to the Department of Conservation in the manner specified in this notice.

Defence

3. You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to the Department of Conservation in the manner specified in this notice before, or within 14 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.

Further action including right to request hearing

4. You may

    1. raise any matter relating to the circumstances of the alleged offence for consideration by the Department of Conservation; or
    2. deny liability for the alleged offence and request a court hearing; or
    3. admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.

5. To take an action listed in paragraph 4, you must write to the Department of Conservation at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 14 days after you have been served with this notice, or within any further time that the Department of Conservation allows.

6. If, in your letter, you deny liability for the alleged offence and request a court hearing, the Department of Conservation 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 Department of Conservation 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, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). 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.

7. 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 letter,

    1. request a hearing; and
    2. admit liability for the offence; and
    3. set out the written submissions you wish the court to consider.

8. The Department of Conservation will then file your letter with the court (unless the Department of Conservation 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, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.

Non-payment of fee

9.  If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 14 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless the Department of Conservation decides to take no further action to require payment for the alleged offence).

10. The fine will be equal to the amount of the infringement fee.

Correspondence

11. When writing, specify

    1. the date of the alleged infringement offence; and
    2. the infringement notice number; and
    3. your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to the Department of Conservation 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 50G of the Trade in Endangered Species Act 1989 and section 21 of the Summary Proceedings Act 1957.

All other infringement notices

Information

If there is anything in these notes 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 for the alleged infringement offence 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 Department of Conservation in the manner specified in this notice.

3. If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with the Department of Conservation allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 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.

Defence

4. You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to the Department of Conservation in the manner 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 in any other manner is not a defence.

Further action, including right to request hearing

5. You may

    1. raise any matter relating to the circumstances of the alleged offence for consideration by the Department of Conservation; or
    2. deny liability for the alleged offence and request a court hearing; or
    3. admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.

6. To take an action listed in paragraph 5, you must write to the Department of Conservation at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that the Department of Conservation allows.

7. If, in your letter, you deny liability for the alleged offence and request a court hearing, the Department of Conservation 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 Department of Conservation 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, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). 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.

8. 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 letter,

    1. request a hearing; and
    2. admit liability for the offence; and
    3. set out the written submissions you wish the court to consider.

9. The Department of Conservation will then file your letter with the court (unless the Department of Conservation 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, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.

Non-payment of fee

10. If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that the Department of Conservation allows, you will be served with a reminder notice (unless the Department of Conservation decides to take no further action to require payment for the alleged offence). 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.

11. 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,

    1. the Department of Conservation 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
    2. if so, you will become liable to pay court costs as well as a fine.
    3. The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

Correspondence

13. When writing, specify

    1. the date of the alleged infringement offence; and
    2.  the infringement notice number; and
    3. your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to the Department of Conservation at the address shown on this notice.

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.

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