Plain language law

New Zealand law explained for everyone

Weights and Measures Act 1987

Offences and penalties

32A: Infringement offences

You could also call this:

“What happens when you break weight and measure rules”

If an inspector thinks you’ve broken the rules about weights and measures, they can do a few things. They can start a legal case against you by filing a special document. Or, they can give you an infringement notice, which is like a ticket for breaking the rules.

The inspector can put this notice on the item that broke the rules, give it to you in person, or send it to you in the mail. If they put it on the item, it counts as if they gave it to everyone who might be responsible. If they mail it to you, it counts as given to you when they put it in the post.

The Secretary, who is a important person in the government, can cancel the infringement notice before you pay the fine or before a court orders you to pay. To cancel it, they need to tell you in writing that the notice is no longer valid.

Sometimes, the Secretary might need to start a court case about an infringement. In this case, they don’t need special permission from a judge to do so.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102942.

Topics:
Money and consumer rights > Consumer protection Government and voting > Government departments
Previous

32: Offences, or

"Rules about pretending to be inspectors and using fake stamps or marks on weights and measures"

Next

32B: Procedural requirements relating to infringement notices, or

"Rules for giving out and handling fines for breaking weight and measure laws"

Part 6 Offences and penalties

32AInfringement offences

  1. Where an Inspector has reason to believe that a person has committed an infringement offence,—

  2. that person may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. the Inspector may issue an infringement notice in respect of the alleged offence.

      1. Despite section 21(1)(a) of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the Secretary commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.

      2. Any Inspector (not necessarily the Inspector who issued the infringement notice) may do any 1 or more of the following things:

      3. attach an infringement notice, or a copy of an infringement notice, to the weight, measure, weighing or measuring instrument, or goods to which the notice relates:
        1. deliver an infringement notice, or a copy of an infringement notice, personally to a person:
          1. send an infringement notice, or a copy of an infringement notice, to a person by post addressed to the person at the person's last known place of residence or business.

            1. If an infringement notice, or a copy of an infringement notice, is—

            2. attached to the weight, measure, weighing or measuring instrument, or goods to which the notice relates pursuant to subsection (2)(a), the notice or copy is deemed to have been served on every person liable in respect of the alleged offence and to have been served when the notice or copy was attached to the weight, measure, weighing or measuring instrument, or goods:
              1. sent to a person by post addressed to the person at the person's last known place of residence or business pursuant to subsection (2)(c), the notice or copy is deemed to have been served on the person when it was so posted.

                1. The Secretary may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

                2. An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.

                Notes
                • Section 32A: inserted, on , by section 15 of the Weights and Measures Amendment Act 1991 (1991 No 9).
                • Section 32A(1)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 32A(1A): inserted, on , by section 13(1) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                • Section 32A(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 32A(4): inserted, on , by section 13(2) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                • Section 32A(5): inserted, on , by section 13(2) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                OSZAR »