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What will happen if the alleged infringer on an infringement notice, issued under the Land Transport Act 1998, issued by the NZ Police, choose to request a court hearing?

Sophie made this Official Information request to New Zealand Police

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From: Sophie

Dear New Zealand Police,

I have a few questions regarding what will happen if the alleged infringer on an infringement notice, issued under the Land Transport Act 1998, issued by the NZ Police, choose to request a court hearing.

1. What kind and what level of court/tribunal will the hearing be held at? What will be the initial court filing cost for the alleged infringer on the infringement notice?

2. Will it be a generalist court or a specialist court? If it will be a specialist court, what specialist area of the court will that be?

3. Will it be a criminal case or a civil case?

4. Will the case prosecutor’s (Police’s) claimed amount of money and other claims be as same as the infringement fee payable and any other claim on the infringement notice?

5. If the respondent (alleged infringer) is convicted, can the new infringement fee payable become more than the infringement fee payable specified on the infringement ticket?

6. If the respondent is convicted, will there be a criminal record left on the respondent’s criminal record?

7. If the respondent is convicted, what will be any other court cost that the respondent will need to pay for?

8. After the case is filed to the court, can the respondent choose to close the filed case and pay for the infringement fee payable specified on the infringement notice?
If the respondent can choose to close the filed case, what other cost besides the infringement fee payable specified on the infringement notice will need to be paid?

9. If the respondent choose to close the filed case and pay for the infringement fee payable specified on the infringement notice, will there be a criminal record left on the respondent’s criminal record?

Regards
Sophie

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From: Ministerial Services
New Zealand Police

Tēnā koe Sophie

I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 12 October 2021.

Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 10 November 2021.

Kind regards, Michelle
Ministerial Services PNHQ

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