The New Zealand Department of Internal Affairs : Services : Infringement Notices


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Infringement Notices

Department of Internal Affairs Infringement Notice Process
Options
Paying Department of Internal Affairs Infringement Fees
Requests for review or complaints
What is the infringement fee for?

Department of Internal Affairs Infringement Notice Process
The infringement notice process is set out in the Gambling Act 2003 and the Summary Proceedings Act 1957. These Acts detail the way in which infringement notices may be served and the administrative process relating to them.

Gambling Inspectors may issue infringement notices when they believe a person has committed one of a number of offences that are prescribed as an infringement offence in Schedule 6 of the Gambling Act 2003.

Gambling Inspectors may serve the notice personally or post it to the person’s address. The notice is then deemed to have been legally served.

Action must be taken no later than 28 days after the notice was issued. If the infringement fee is paid within 28 days after the issue of the notice, no further proceedings will be taken.

If you wish to deny the offence, or give an explanation as to why you committed the offence, you must contact the Department of Internal Affairs, in writing, within 28 days after the notice was issued. You may also choose to have the matter heard in Court. If the matter is not progressed in some way within the 28 days, a reminder notice will be sent to your last known address.

If, after another 28 days, the matter has not been resolved, the issuing authority will usually lodge the matter with the Court as an unpaid infringement fee. It then becomes a matter for the Department for Courts. Additional costs are added to the original fee.

Options
A brief summary of your rights and obligations is given on the back of the infringement notice.

If the fine is paid within 28 days, no further action will be taken.
If you wish to offer an explanation, deny the offence and request a court hearing or admit the offence but make written submission to the Court for consideration, you must write to the Department of Internal Affairs.

The Department of Internal Affairs may:

Withdraw the infringement notice and fee
Reject your explanation and require you to pay the fine. If your explanation is not accepted you will be sent a letter advising you of this and outlining any further options you may have (paying the fee, denying the offence at a court hearing, or admitting the offence in a court hearing and making written submission to the Court for consideration).

Paying Department of Internal Affairs Infringement Fees
Infringement fees can be paid by cash or cheque at any branch of Westpac Trust. You must ensure you have the infringement notice or reminder notice with you for the bank to be able to accept payments, OR you can send a cheque or money order to:

GCR Infringement Officer
Department of Internal Affairs
PO Box 10095
WELLINGTON 6140

For further information regarding processes related to fines, see the following websites.

Department for Courts: http://www.fines.govt.nz/flowchart.html

Citizens Advice Bureau: http://www.cab.org.nz/information/Court_Fines.html

Requests for review or complaints
All requests for a review of notice and/or complaint must be made in writing and sent to the above address.

All requests are acknowledged and responses take a minimum of 7 days.

Please include the following in your written correspondence:

1. The notice number
2. Your full name and address
3. A contact telephone number.

NOTE:

The person named in the notice must sign the letter
The letter should include a copy (no originals) of any supporting documentation you have.
Since requests require a physical signature, we cannot accept letters via email.

What is the infringement fee for?
Gambling Act 2003, Schedule 6 - Infringement offences

Provision	Description of offence	Fees ($)
s 16	Advertising overseas gambling prohibited	$5,000
s 82	Certain information that must be displayed at class 4 venue	$2,500
s 83	Obligation to provide information on disposal of gaming machines	$2,500
s 84	Prohibition on certain gaming machines in class 4 venue	$5,000
s 104	Requirement to bank gaming machine profits	$2,500
s 105	Requirement to bank interest, investment return, etc, on gaming machine profits	$2,500
s 110	Publication requirements for corporate societies	$2,500
s 117	Failure to provide information Secretary requires for investigation and audit	$2,500
s 121	Casino branding	$5,000
s 172(2)	Operating outside restricted hours	$5,000
s 175	Information that must be displayed to customers in casino venue	$2,500
s 176	Failure to provide training for employees	$2,500
s 179	Obligation to provide information on disposal of gaming machine	$2,500
s 180	Prohibition on certain gaming machines in casino venue	$5,000
s 203(6)	Licensed promoter may only be employed by society as licensed promoter	$500
s 213	Requirement of licensed promoter to render an account to a society	$1,000
s 251(2)	Person other than broadcaster who publishes or broadcasts announced result of New Zealand lottery	$100
s 267	Protection of name of Lotteries Commission	$2,500
s 268	Protection of product names of Lotteries Commission	$2,500
s 301(1)	Restriction on purchasing a ticket in an instant game or similar game by person under 18 years	$500
s 302(1)	Restriction on class 4 gambling by person under 18 years	$500
s 303(1)	Restriction on casino gambling by person under 20 years	$500
s 308(5)	Requirement to display notice of policy for identifying problem gamblers	$2,500
s 312(1)	Breach of an exclusion order issued under section 309 or section 310	$500

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Last updated: 08/09/2009