Industrial Relations Act 1996 No 17
396 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence against this
Act or the regulations, being an offence prescribed by the regulations as a
penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court, the person may
pay, within the time and to the person specified in the notice, the amount of
penalty prescribed by the regulations for the offence if dealt with under this
(3) A penalty notice may be served personally or by
(4) If the amount of penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for the
(5) Payment under this section is not to be regarded as an admission
of liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating the offence,
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences or
classes of offences.
(7) The amount of a penalty prescribed under this section for an
offence is not to exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(8) This section does not limit the operation of any other provision
of, or made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section, authorised
officer means an inspector appointed under this Act or the Occupational Health and Safety Act
2000 or any other person of a class prescribed by the