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About infringement notices
You may be issued with an infringement notice if an enforcement officer believes on reasonable grounds that you have committed an infringement offence against the Smokefree Environments and Regulated Products Act 1990 (the Act).
There are multiple infringement offences in the Act. The most common offences that infringement notices are issued for include:
- selling a regulated product to a person younger than 18 years
- selling a disposable vaping device
- allowing a regulated product to be visible from outside or inside a person’s place of business without a reasonable excuse.
Infringement notices may be issued to an individual, a company or another legal person.
An infringement notice will impose a fee to be paid (sometimes called a fine). The amount of the fee will be specified on the infringement notice. Fees vary depending on the alleged offence. The fees are set by law and cannot be varied by the Ministry of Health (the Ministry).
Your options if you receive an infringement notice
A summary of your rights is printed on the reverse of the infringement notice. It is very important that you read this information carefully. You may like to seek legal advice if you do not understand any part of the summary.
You have 4 options available after receiving an infringement notice:
Pay the fee in full and accept liability for the alleged offence
No further action will be taken against you if you pay the infringement fee in full within 28 days after the date the notice was issued on. This date is written on the infringement notice next to “Payment of infringement fee”.
You will be issued with a reminder notice if you do not pay in full by the date in the infringement notice. If you intend to pay the infringement fee, you must pay in full within 28 days after the reminder notice is issued.
The notice will be referred to the court if you do not pay the fee within 28 days after the reminder notice is issued and the fee will become a fine. The Department of Justice will then recover the amount of the fine as well as additional court costs of $55.
The Ministry does not accept part payment of infringement fees or accept arrangements to pay by instalments. If you make a part payment to the Ministry, we will try to contact you to arrange the return the part payment. In the meantime, the infringement fee will remain due for payment, in one full amount, by the due date.
Ask the Ministry to consider anything relating to the circumstances of the alleged offence, including requesting a waiver
After you receive an infringement notice, you may write to the Ministry to ask us to consider anything relating to the circumstances of the alleged infringement offence. This includes asking for the infringement notice to be withdrawn or waived.
To make a request, you must contact us in writing
We recommend sending an email to [email protected]
Alternatively, you can write to: Health Legal, PO Box 5013, Wellington 6145.
In your correspondence, you must:
- include the infringement notice number
- clearly explain the circumstances you wish to be considered.
Our chief legal advisor will then consider the circumstances you raise and reply to you in writing with the outcome.
If the infringement notice is waived, you do not need to do anything further. If the infringement notice is not waived, you may either pay the infringement fee or take one of the other options outlined below.
Deny liability for the offence and request a defended court hearing
You may deny liability for the infringement offence and request a defended hearing in the District Court.
To make a request, you must contact us in writing
Your correspondence must be delivered within 28 days after you have been served with the reminder notice, or earlier.
We recommend sending an email to [email protected].
Alternatively, you can write to: Health Legal, PO Box 5013, Wellington 6145.
When you contact us, you must clear state that you:
- deny liability for the alleged offence; and
- request a court hearing.
The request must be signed by you. Please also include the infringement notice number so we can process your request.
Once your correspondence reaches us, the Ministry will arrange for a “notice of hearing” to be served on you. The “notice of hearing” sets out the place and time when the court will hear your case. You will then need to appear in court to argue your case. You may choose to be represented by a lawyer.
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.
Accept liability for the offence and request that the court consider written submissions
You may accept liability for the offence, but request that the court consider written submissions from you about the penalty (the fee) or any other circumstances.
To make a request, you must contact us in writing
If you wish to do this, you must do so before the due date on the reminder notice.
We recommend sending an email to [email protected]
Alternatively, you can write to: Health Legal, PO Box 5013, Wellington 6145.
In your correspondence, you must:
- request a hearing; and
- accept liability for the alleged offence; and
- set out the submissions you would like the court to consider.
You must sign your request. Please include the infringement notice number in any correspondence with us so we can process your request.
In this situation, neither you nor the Ministry appear in court. You will submit in writing the factors you want the court to consider, and the Ministry will do the same. The Judge will consider both sides and then decide 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 take one of the actions outlined above
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 will then have 28 days after the date of the reminder notice to take 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 court and it will become a fine. The Department of Justice will then recover the amount of the fine as well as a court cost of $55 which is added to the original amount.
The court may give you more time to pay the fine or allow a payment plan. You can find out more about paying fines on the Ministry of Justice website.
How to pay your infringement notice
To pay your infringement fee, you can use one of these 3 methods.
- Pay via internet banking into account 03 0049 0001805 29 (Ministry of Health Crown Account).
You must use the 8-digit “Infringement Notice Number” in the Reference field. You can find this at the top of the infringement notice. - Pay by credit card using the Paystation portal. The Ministry of Health only accepts Visa and MasterCard. Use the 8-digit “Infringement Notice Number” as a reference number. You can find this at the top of the infringement notice. There is a processing fee for a credit card transaction.
- 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 “Infringement Notice Number” in the statement details when making the payment.
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 processing fee portion of a payment is non-refundable.
Contact us
If you would like to contact us about your infringement notice, please email: [email protected]
In any correspondence, please tell us:
- the full name of the person who the infringement notice was issued to; and
- the infringement notice number; and
- your full name and address for replies.
