new-zealand criminal-procedure
Summary Proceeding in New Zealand - Denying liability but not requesting a hearing
<p>I have been accused of a minor offense, and the process that applies is the <a href="http://www.legislation.govt.nz/act/public/1957/0087/latest/DLM311346.html" rel="noreferrer">Summary Proceeding Act 1957, Section 21</a>.</p>

<p>I have been served notice, and have denied liability for the defense.  (I have denied it more then one time, and in unambiguous terms.</p>

<p>The informant is insisting that I either Request a hearing, admit liability and provide a submission or pay the infringement fee.  I do not intend to admit liability, nor pay them anything unless the matter has gone before the court.</p>

<p><strong>I object to having to ask</strong> for a hearing and would prefer not to do this - but this would still be preferable to acquiescing and paying the fine.  I am not adverse to appearing in court to defend myself.</p>

<p>I am having some difficulty working through Section 21 of Summary Proceedings Act.   By my - possibly incorrect - reading, the act is silent on what happens if I simply deny liability but to not ask for a hearing.  </p>

<p>The informant is claiming that if I do not request a hearing or pay the fine by a certain date, the notice will be referred to the court for collection.  </p>

<p>Question - If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?  </p>

<p>That's the entire point of a summary proceeding.</p>

<p>You're allegedly found committing an offence, that isn't worth the court's time to hear but nevertheless requires some penalty.</p>

<p>The only way to "unambiguously deny liability" is by requesting a hearing and denying liability in the notice of this. The court doesn't care what you say to everybody else, it cares what you say on its record. The reasoning is, if you're so sure you're not guilty of an offence, why haven't you sought to argue this in court? And if you weren't committing the offence, why did the informant serve the infringement notice in the first place?</p>

<p>The act is not silent at all on this. If you don't request the hearing and serve such notice by the date required, you are liable to enforcement action - whether you deny liability out of court is irrelevant.</p>

<blockquote>
  <p>If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?</p>
</blockquote>

<p>Yes, but not before they serve you with a <strong>reminder</strong> notice. Once they have done this, they may "provide particulars" of it to the Ministry of Justice (subsection 3), from which point, upon verification, the district court will be "deemed" to have made an order that you pay the fine (subsection 5).</p>

<p>So, in a nut shell, you can ignore the informant until you receive reminder notice (which they may decide not to serve). Once you have received that, requesting a hearing would be the only way to defend yourself.</p>

<p>The procedure is explained in somewhat simpler terms (than in the Act) <a href="https://communitylaw.org.nz/community-law-manual/chapter-31-driving-and-traffic-law/court-processes-how-driving-offences-are-dealt-with/infringement-offences-parking-and-speeding-tickets-and-other-lower-level-offences/" rel="noreferrer">here</a>.</p>
