Sections
- New Credit Check of Fines initiative
-
From 13 February 2012, if you have overdue fines or reparation this information may be included as part of a credit check about you. This may result in you being declined credit and stop you from getting the things you want. To avoid this happening, pay your fines now.
For more information, read the Common Questions page.
Common Questions
Common questions and answers about fines.
General
How can I have a fine if I never had a hearing in Court?
Why are there fees on the original ticket amount?
We keep getting letters from the Court, and the person does not live here. What do we do?
Paying a fine
I can't afford to pay this. What can I do?
Can I add my new fine to my existing payment arrangement?
Can I pay someone else’s fine?
I have already paid this. What do I do?
Why do I have to pay the $30.67 court cost when I have already paid my ticket?
Disputing a fine
It’s not me, you have got the wrong person. What do I do?
It wasn't me driving.
I don't own that car anymore.
Fines Enforcement
Why has my fine balance suddenly got bigger?
I’ve had money taken out of my pay/benefit/bank account. What can I do?
My car has been clamped, what do I do?
I've had my car/property seized, what happens now?
Can I travel overseas if I have fines?
Can I travel if I have a Time to Pay arrangement in place?
What will happen to me if I'm stopped at the airport for fines?
Credit Check of Fines
What is Credit Check of Fines?
How will Credit Check of Fines work?
What is a credit check?
Will I be affected by Credit Check of Fines?
Will my overdue fine information stay on my credit rating permanently?
How can I prevent Credit Check of Fines affecting me?
What can I do if I have been declined credit because I have overdue fines?
Will my overdue fine informaiton stay on my credit rating permanently?
General
How can I have a fine if I never had a hearing in Court?
Not all fines originate from a hearing. Infringement tickets from Prosecuting Authorities (e.g. Police or City Councils) can be filed by those authorities at Court as fines if they remain unpaid. A Notice of Fine is then issued by the Court. No hearing takes place unless you had requested one from the Prosecuting Authority before the infringement was due.
Why are there fees on the original ticket amount?
When a ticket is lodged in Court by the Prosecuting Authority (e.g. Police or City Council) they pay a $30.67 lodgement fee to the Court. This fee is passed on to you as $30.67 Court Costs. For example: a $12 parking fine will become $42.67 once it is lodged at Court.
If your fine remains unpaid with the Court after 28 days, it may also have a $102.22 enforcement fee added when enforcement action is taken against you to get the fine paid. For example a $42.67 fine becomes $144.89 when enforcement action starts.
All fees shown as of 1 October 2010.
We keep getting letters from the Court, and the person does not live here. What do we do?
You should contact us on 0800 4 FINES so we can update our records.
All new fine notices must be sent to the address supplied to us by the Prosecuting Authority. This may mean that you continue to receive fines notices for people who have supplied your address as their own to a Prosecuting Authority. An example of when this can happen is where the person may have lived at your address when they registered their car but never changed those records when they moved to a different address.
Paying a fine
I can't afford to pay this. What can I do?
You can apply to the Court for an extension of the Due Date or apply to make payments by instalments. If you choose one of these options, our staff may ask you for financial information to make sure there’s a genuine need to grant you further time to pay.
To apply for an extension or for instalment payments, contact us on 0800 4 FINES or visit your nearest District Court Collections Office.
Can I add my new fine to my existing payment arrangement?
New fines are not automatically added to existing time to pay arrangements. You need to pay your new fine by the due date or contact us on 0800 4 FINES to discuss your options. You may be able to add it to your other fines but you need to talk to us first. Don’t assume that it will just be added.
Can I pay someone else’s fine?
Anyone can pay a fine if they are paying the total amount. If you want to set up a time to pay arrangement or extend the due date for payment on behalf of someone else we need that person’s permission first before we can discuss it with you. Call us on 0800 4 FINES to discuss your options, or get the person who has fines to call us and give us permission to talk to you about their fines.
In some circumstances you can set up a time payment arrangement on someone else's behalf without their permission. These situations are:
- The person is under the age of 16 years, or
- The person is incapable of acting personally because of mental or physical illness or disability, or
- The person is absent from New Zealand.
If you wish to set up a time payment arrangement under any of these circumstances you need to submit an Application to enter into a time to pay arrangement for a third party (pdf 126Kb) to the District Court for approval.
I have already paid this. What do I do?
If you have paid the infringement to the Prosecuting Authority (in full, before the due date) you should contact the Prosecuting Authority to discuss the matter. You should also call us on 0800 4 FINES so we can allow you time to resolve the matter.
Why do I have to pay the $30.67 court cost when I have already paid my ticket?
If the issuing authority receives your payment after the due date on the reminder infringement notice they may process your payment and pass it to the Court to go towards your fine, leaving the $30.67 court cost still to be paid.
Disputing a Fine
It’s not me, you have got the wrong person. What do I do?
You should contact us on 0800 4 FINES, or visit your nearest District Court Collections Unit immediately to try and resolve the matter.
It wasn't me driving
Liability for infringements can be with the registered owner or driver of a vehicle. Therefore, even if you weren't the one driving, you may still be liable for the fine. You should contact us immediately to discuss your individual case.
I don't own that car anymore
Liability in infringement cases can be with the registered owner or the driver of a vehicle. If ownership has not been correctly changed then you may still be liable for fines relating to that vehicle. You should contact us immediately to discuss your individual case.
Land Transport New Zealand has more information about transfer of vehicle ownership.
Fines Enforcement
Why has my fine balance suddenly got bigger?
When the Court takes enforcement action to recover unpaid fines an enforcement fee is added to each fine under enforcement. From 1 October 2010 this fee is $102.22.
I’ve had money taken out of my pay/benefit/bank account. What can I do?
The Court can take money directly from your wages or benefit (attachment order), or bank account (deduction notice) for the payment of overdue fines. Your employer, Work and Income or bank is legally obliged to make these deductions. Only the Court can stop these.
If you don’t think your attachment order or deduction notice should continue, or would like the amount of the deductions reconsidered, call us on 0800 4 FINES to discuss your options.
My car has been clamped, what do I do?
Your car can be clamped for unpaid fines under Section 100J of the Summary Proceedings Act, 1957. It can only be released upon, full payment or resolution of your fines with the Court. You should contact the District Court or Bailiff using the details left on the Clamp notice.
I've had my car/property seized, what happens now?
Once property has been seized under a Warrant to Seize you have seven days to pay in full or make alternative arrangements with the Court. To resolve the matter, contact the Court who seized your property within seven days of its seizure.
If resolution has not occurred after the seven days, the property is normally sold at public auction. Any money raised from the sale of the property will be used firstly, to pay any costs associated with its seizure and sale (i.e. auctioneers fees, towage or storage costs) and then the remainder will go towards the unpaid fine. If there is any money left over, this will be passed back to you.
Can I travel overseas if I have fines?
Travellers can be stopped leaving or entering at New Zealand Airports if they have unpaid fines. If you think you have fines that could affect your travel plans, you should contact us on 0800 4 FINES to discuss the situation.
Can I travel if I have a Time to Pay arrangement in place?
If the payments you are making remain up to date while you are away then you won’t be stopped on your departure or return. If your payments don't continue while you are away, you may be stopped on your return to New Zealand.
What will happen to me if I'm stopped at the airport for fines?
Police at the airport will intercept you after you have passed through Customs. You will be given the opportunity to talk to a Deputy Registrar at the Court’s Contact Centre to arrange full payment by Credit Card. If you cannot, or will not, pay your fine the police may arrest you. You will be prevented from travelling, have your passport confiscated and be bailed to appear in Court.
What is Credit Check of Fines?
Credit Check of Fines is a new enforcement mechanism to encourage people with overdue fines and reparation to pay, and avoid being declined credit or other opportunities where a credit check is used.
Credit Check of Fines is enabled following the passing of the Courts and Criminal Matters Bill in July 2011.
How will Credit Check of Fines work?
If you have overdue fines or reparation, and a credit check is made about you by a credit report subscriber, the Ministry of Justice can release details of the overdue fines and reparation you owe as part of the credit check.
Any updated or new contact information you provide, as part of your credit check, will be received by the Ministry. This information may be used by the court to take enforcement action to recover your overdue fines and reparation.
What is a credit check?
A credit check can be made to a credit reporting company by a lender or credit report subscriber, to access details about your credit history. Credit checks happen in a variety of situations but the most common ones are when you apply for:
- credit – a loan, buying something on credit/hire purchase, a credit card or an account, such as a phone account
- jobs - where you will be dealing with money or financial risk.
Will I be affected by Credit Check of Fines?
You may be - if you have overdue fines or reparation (unpaid and not under a payment arrangement), and a credit check about you is carried out by a credit report subscriber, then the total amount of your overdue fines and reparation can be reported along with the normal information reported in a credit check report.
If this happens, you might still be granted credit, or may be declined credit to buy something, or to set up a loan or an account. This will depend on the credit policy of the organisation or person you are dealing with. If they decline you credit they may:
- decline you until you have paid your unpaid fines or reparation, or
- decline you indefinitely.
Will my overdue fine information stay on my credit rating permanently?
No, your overdue fine information will not be stored with your other credit history information. However, the overdue fine information can be kept by the credit provider that you have applied for credit with. This is no different to what happens now if you have a credit check reported about you. Each credit provider will have its own policy for
deciding whether to decline an applicant permanently or to allow them to get credit once they have paid their overdue fines or reparation.
How can I prevent Credit Check of Fines affecting me?
By paying your overdue fines or reparation, or by arranging with us to pay them off over time. Call 0800 4 FINES to discuss your options.
What can I do if I have been declined credit because I have overdue fines?
You should make arrangements to pay your overdue fines as soon as possible. Once your outstanding fines balance is paid this will no longer show on a credit reference check.
Will my overdue fine information stay on my credit rating permanently?
No, your overdue fine information will not be stored with your other credit history information. However, the overdue fine information can be kept by the credit provider that you have applied for credit with. This is no different to what happens now if you have a credit check reported about you. Each credit provider will have its own policy for
deciding whether to decline an applicant permanently or to allow them to get credit once they have paid their overdue fines or reparation.
