Infringement Notice
Infringement notices can only be issued by council enforcement officers. The relevant sections of the RMA are sections 343A to 343D. The infringement fees and the form for an infringement notice are in the schedules to the Resource Management (Infringement Offences) Regulations 1999 (the Regulations).
Examples of infringement notices are provided on at Appendix 2B and 2D on pages 30, 31 and 33.
A conviction is not imposed for an infringement offence and the only penalty is the infringement fee. The council retains all infringement fees received for notices issued by its enforcement officers.
Section 21 of the Summary Proceedings Act specifies the various options for initiating infringement offence proceedings and sets out the steps that may be taken, after issue of an infringement notice by a council and by the person served with a notice.
A separate infringement notice can be issued for each day the offence is committed.
Infringement notice for contravention of sections 15(1)(a)-(d) and 13(1)(d)
A regional council can issue an infringement notice for unauthorised storage, dumping and disposal of end-of-life tyres if there is contravention of sections 15(1)(a)-(d) or 13(1)(d). The infringement fee set by the Regulations for contravention of:
- section 15(1)(a) is $750.00
- section 15(1)(b) is $750.00
- section 15(1)(c) is $1000.00
- section 15(1)(d) is $1000.00
- section 13(1)(d) is $500.00.
Infringement notice for contravention of an abatement notice
If a council issues an abatement notice to enforce the duty in section 17 of the RMA requiring a person to remove end-of-life tyres and/or to stop dumping further tyres at the site and the recipient fails to comply with the abatement notice, the council can issue an infringement notice for contravention of the abatement notice. The infringement fee set by the Regulations for contravention of an abatement notice is $750.00.
