Schedule 2 r 6 Form of infringement notice for fisheries infringement offences (Front) Ministry of Fisheries Notice no: Te Tautiaki i nga tini a Tangaroa Infringement notice Issued under the authority of section 260A of the Fisheries Act 1996 Infringement notice served on--- First name(s): Family name (or company name): Address (residential or business): Occupation: Date of birth: Alleged infringement offence details Date: Time: Day of week: Location: Location code (if known): Offence: Infringement fee payable: $ Offence code (if known): Details (if applicable) Species: Max allowable daily limit: Min legal size: Min net mesh size: Issuing details Issuing officer's warrant no: Method infringement notice served by: Procedures for payment of infringement fee The infringement fee is payable within 28 days after [specify date]. Important: please read the summary of rights printed on the back of this notice. Infringement fees may be paid to the Ministry of Fisheries using 1 of the following methods: 1 By cheque with the attached deposit slip sent to the Ministry of Fisheries, Infringement Processing Centre, PO Box 6413, Wellington. 2 By cash or cheque with the attached deposit slip at any branch of the WestpacTrust Bank. Cheques should be payable to "Ministry of Fisheries" and should be crossed and marked "not transferable". Deposit slip [Name of branch] [Ministry logo] Date: Notice no: Notes: Paid in by: Cheques: [Please print name] [as per back] For Credit of Ministry of Fisheries---Infringement Account $[Amount paid] Summary of rights (Back) Note: if, after reading this summary, you do not understand anything in it, consult a lawyer immediately. 1 Payment of infringement fee If you pay the infringement fee within 28 days after the issue of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Ministry of Fisheries in accordance with the instructions on the front page of this notice. Fish (if any) seized from you will be forfeit to the Crown on payment of the infringement fee. Note: if, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, the provisions of paragraph 4 below do not apply and you are not entitled either to request a hearing to deny liability or to ask the Court to consider any submissions (as to penalty or otherwise) in respect of the infringement. 2 Further action If you wish to raise any matter relating to circumstances of the alleged offence, you should do so by writing to the enforcement authority at the address shown on the front of this notice within 28 days after the service of this notice. 3 Defences (1) You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry of Fisheries at the address for payment shown on the front of this notice, or to the WestpacTrust Bank, within 28 days after you have been served with a reminder notice in respect of the offence. Note: late payment, or payment at any other address or to any other bank, will not be a defence. (2) You have a further defence (in addition to that indicated in paragraph (1) above) against proceedings relating to the alleged offence if you prove--- (a) that--- (i) the contravention was due to the act or default of another person, or to an accident or to some other cause beyond your control; and (ii) you took reasonable precautions and exercised due diligence to avoid the contravention; and (b) in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of the Fisheries Act 1996, that you immediately returned the fish, aquatic life, or seaweed to the water from which they were taken, except where their return was prohibited by the Fisheries Act 1996 and you complied with all the material requirements of that Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed. 4 Right to request hearing (1) You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the address specified on the front of this notice within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liability and make submissions as to penalty or any other matter. (2) If you deny liability for the offence, the Ministry of Fisheries will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the Court (unless the Ministry of Fisheries decides not to commence court proceedings). Note: if the Court finds you guilty of the offence, costs will be imposed in addition to any fine. (3) If you admit liability for the offence but want the Court to consider your submissions, you should, in your request for a hearing,--- (a) admit the offence; and (b) set out the written submissions you wish to be considered by the Court. The Ministry of Fisheries will then file your letter with the Court (unless the Ministry of Fisheries decides not to commence court proceedings). There will be no oral hearing before the Court if you follow this course of action. Note: any costs will be imposed in addition to any fine. (4) If you are found guilty or admit the commission of the infringement offence, then, unless the Court for special reasons relating to the offence orders otherwise, any fish seized are forfeited to the Crown. 5 Consequences of taking no action (1) If you do not pay the infringement fee and do not request a hearing within 28 days after the issue of this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise). (2) If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the enforcement authority decides not to commence court proceedings against you). 6 Questions and other correspondence In any correspondence, please include--- (a) the date of the infringement notice; and (b) the infringement notice number; and (c) the course of action you are taking in respect of the alleged offence; and (d) your address for replies. Note: all queries and all correspondence regarding this notice must be directed to the Ministry of Fisheries, Infringement Processing Centre, PO Box 6413, Wellington. Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957. Marie Shroff, Clerk of the Executive Council.