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 Ministry of Justice
The request was partially successful.
From: Sophie
Dear Ministry of Justice,
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
From: OIA@justice.govt.nz
Ministry of Justice
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From: OIA@justice.govt.nz
Ministry of Justice
Kia ora Sophie
Thank you for your email to the Ministry of Justice. The Ministry of Justice cannot provide you legal advice which is what you are seeking.
Free services are available to the public from the Community Law Centre and your local Citizens Advice Bureau.
Ngā mihi
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
www.justice.govt.nz
-----Original Message-----
From: Sophie <[FOI #17147 email]>
Sent: Tuesday, 12 October 2021 12:07 am
To: [Ministry of Justice request email]
Subject: Official Information request - 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?
Dear Ministry of Justice,
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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