Council has powers to issue infringements under the Building Act 2000 and Building Regulations 2004. Council uses its discretion when to use Infringements Notices because it also has the option to prosecute.
Should you be issued with an Infringement Notice it is important that you deal with it immediately and contact the Council officer whose name appears on the Infringement Notice if you are unsure as to what you need to do.
The law requires that you must within 28 days of the date of service of the infringement notice on you do one of the following:
- Pay the total amount of the monetary penalty specified in the infringement notice in full to the Council.
- Apply to the General Manager in writing for the withdrawal of the infringement notice;
- Apply to the General Manager in writing for a variation of payment conditions; or
- If you wish to have any of the offences to which the infringement notice relates heard and determined by a court you must lodge a notice of election with the General Manager. Notice of Election forms are available from the Council Offices or you can download one here.
If you do not lodge a notice of election within 28 days of service of the infringement notice on you and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the notice. The monetary penalty may be enforced under the Monetary Penalties Enforcement Act 2005 which provides for a wide range of enforcement options including:
- Suspend your drivers licence
- Suspend registration of all your vehicles
- Seize and sell assets you own
- Register a charge over any land you own
- Have money deducted from your wages or bank account
- Publish your name as a fine defaulter
If you have received an infringement notice and you believe that:
- The infringement notice ought be withdrawn
- You need to vary the payment conditions (extend the period of time in which a monetary penalty may be paid)
then you may apply to the Council accordingly.
Any application must be made within 28 days of service of the infringement notice.