FAQs - Infringements and Notice to Fix
What is an Infringement Notice?
Council is entitled to issue infringement notices for some breaches of the Building Act 2004. These and the amount of the infringement fee are set out in the Building Infringement Regulations.
What happens when I get an Infringement Notice?
You need to read the Summary of Rights on the Infringement Notice. This sets out what options you have.
What happens if I cannot make an Infringement Notice payment in time?
Contact Council as soon as possible to see if you can pay off the infringement.
If the infringement is not paid by the date in the notice, you will receive a 28 day reminder.
What happens if I cannot make an Infringement Notice payment in time?
The infringement fine will be sent to the court for collection (just like a parking ticket fine).
What is a 'Notice to Fix'?
A Notice to Fix (NTF) is a statutory notice requiring a person to remedy a breach of the Building Act 2004 and any regulations made under it, including the Building Code. It is issued under Section 164 of the Act.
The Notice will also contain a statement advising what actions Council may take if the Notice is not complied with within the time prescribed.
What happens when I get a Notice to Fix?
If you receive a 'Notice to Fix' (NTF) you must follow the actions required within the timeframe set out in the Notice. What you have to do will be outlined in the Notice.
If you have any questions you should contact the issuing officer as soon as possible.
Alternatively view information regarding NTF's on MBIE's website
If you want to dispute the notice, you can apply for a Determination from the Ministry of Business, Innovation and Employment (MBIE).
What happens if I fail to meet the requirements of the Notice to Fix within the timeframe allocated?
Council has three options:
- Extend the timeframe if you show that you genuinely intend to meet requirements of the Notice and that you require more time.
- Issue an Infringement Notice (see Infringement Notices) and reissue a new Notice to Fix.
- Commence a prosecution for failure to comply with the Notice and for the breach the Notice is requiring you to remedy.
Go to the Ministry of Business, Innovation & Employment for further information on Notices to Fix.
