Paying or disputing an infringement notice

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Pay your infringement by credit card using the Paystation portal.


Paying or disputing an infringement notice

The infringement process is set out in the Smokefree Environments and Regulated Products Act 1990 (the Act) and the Summary Proceedings Act 1957.

If you are issued with an infringement notice, a summary of your rights and obligations is printed on the reverse of the infringement notice.

If you receive an infringement notice you can: 

  • pay the infringement notice within 28 days of the date of the notice 
  • write a letter asking us to waive it  
  • write a letter requesting a defended or non-defended hearing.

1. Paying your infringement notice

There are three ways to pay your infringement fee. You can:

  • Pay via internet banking into account 030049 0001805 29 (Ministry of Health Crown  Account). You must use the 6-digit infringement notice number in the Reference field (at the top left hand corner of your notice).
  • Pay by credit card using the Paystation portal. The Ministry of Health only accepts Visa and MasterCard. Again, you will be asked for the 8-digit infringement notice number as a reference number (at the top left-hand corner of your notice). Please note there is a 2 percent processing fee for a credit card transaction. This convenience fee is imposed by the bank and does not go to the Ministry.  
  • Pay by cash at any branch of the Westpac bank into account 03 0049 0001805 29 (Ministry of Health Crown Account). Use the 8-digit reference number in the statement details when making the payment.

Payment must be made within 28 days of the date the infringement notice was posted to you. You can find this date in the ‘service details’ part of the infringement notice.

If paying by credit card, payments received by 8pm New Zealand time will be applied on the next business day.

Please note, if a processed payment is reversed or refunded, the credit/refund will not be applied to a credit card but will be deposited by bank transfer. The convenience fee portion of a payment is non-refundable.

2. Write in requesting the notice be waived

If you want the Ministry of Health to consider waiving your notice, you need to provide a written explanation outlining your reasons for this. The Ministry of Health will consider your explanation and advise you in writing of the outcome. If the infringement notice is waived, you do not need to do anything further. If the infringement notice is not waived, you can either pay the infringement fee or request a defended or non-defended hearing.

3. Request a defended or non-defended hearing

Defended hearing: If you want to deny liability for the offence and request a defended hearing, you must advise us in writing, and we must receive this within 28 days of the date we sent the notice to you. The request must be signed and should include the infringement notice number so we can process your request.

An oral hearing will be held where you or your lawyer have the opportunity to argue your case. If the Court finds you guilty, the Court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In other words, the Court may impose a fine that is greater than the infringement fee. The Court may also award court costs and other costs against you, in addition to the fine.

Non-defended hearing: If you want to admit liability but want the Court to consider your circumstances (eg, you are facing severe financial hardship), a non-defended hearing request must be made in writing to the Ministry of Health and be delivered within 28 days of the date of the notice.  The request must be signed and should include the infringement notice number so we can process your request. Neither you nor the Ministry appear in Court. You will submit in writing the factors you want the Court to consider, and Ministry does the same. The Judge considers both sides and will make a decision on the appropriate penalty. You will then be advised in writing of the outcome. The Court is entitled to take into account any maximum fine for the offence, not just the infringement fee; in addition to any court costs imposed.

If you do not pay the infringement fee or request a hearing

If you do not respond within 28 days after the notice is posted to you, a reminder notice will be sent to your last known address. You have the same options outlined above. If you ignore the reminder notice and you have not requested a hearing, the matter will be referred to the District Court.

Ignoring an infringement notice can add other additional fees if the Court has to enforce payment. Once an infringement fee is referred to Court, a $30 fee for court costs is added. An enforcement fee of $102 may also be imposed.

In the case of a $500 infringement fee, this can become a $632 debt for payment.

Infringement fee $500
Court costs $30
Enforcement fee $102
Total $632

The District Court can enforce payment in a number of ways, including:

  • ordering the seizure and sale of property
  • taking money from your wages, benefit or bank account
  • issuing a warrant for your arrest
  • stopping you leaving the country if you don’t pay.

Unpaid fines can also affect your credit rating and may prevent you from getting a loan, credit card, or hire purchase.

An enforcement fee may be avoided if you pay the infringement fee or contact the Court.

You can do this:

  • at your local District Court
  • online: Fines and Payments (justice.govt.nz)
  • email at [email protected]
  • phone: 0800 4 FINES (0800 434 637), or
  • post to: Ministry of Justice, Central Registry, SX10042, Wellington.

If you are travelling overseas, your best option is to contact: 0800 PAYORSTAY (0800 729 677).

Contact us

If you believe that your infringement notice is incorrect in any way, please contact us, either by:

  • emailing: [email protected]
  • phoning: 0800 855 066 (ask for Health Legal)
  • writing to: Ministry of Health Health Legal – Infringement Officer, PO Box 5013, WELLINGTON 6145
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