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  1. Disputing fines or court enforcement

Fines

Disputing fines or court enforcement

Overview

You may be able to dispute a fine or enforcement – it will depend on several things. This page has the dispute processes for different kinds of disputes. 

Text reminders: New Zealanders are warned of scam text messages currently circulating that claim to be from the Ministry of Justice about overdue traffic fines. The Ministry does not include any links in our texts. See About fines

What kind of fine do you have?

If you are not sure what kind of fine you have: 

Disputing a court fine

This is a fine the court can give someone found guilty of an offence.

To dispute it: 

  • You need to appeal in writing within 20 working days from the day the decision, sentence or order was made to the court.  

  • Download a Notice of Appeal form [PDF, 322 KB] or request the form from your local court. 

    • If the fine was imposed by a community magistrate or Justice of the Peace, the appeal must be filed in the District Court where the fine as imposed.

    • If the fine was imposed by a District Court judge, the appeal must be filed in the High Court closest to the District Court where the fine was imposed. 

 Find a district court near you(external link)

Disputing an infringement fine

This is a fine from an unpaid infringement (for example, a speeding or parking ticket). The issuing authority (for example, Police) has filed the infringement in court, because it was not paid to them. 

You cannot dispute the actual fine with the court. You can only dispute it being filed in court. To do this, you need to tell us why you believe the issuing authority made a mistake filing it in court and how you can prove it.  

If your dispute is accepted, it does not cancel the fine. The fine will be sent back to the issuing authority. You will then need to deal with the issuing authority to resolve the infringement.

The reasons for challenging an infringement fine with the court: 

  • it’s not yours – you’ve been identified incorrectly
  • you did not get the reminder notice
  • you did not get a notice of hearing
  • you asked for a hearing but did not get a response
  • you did what the issuing authority asked and let them know you had done so within the required timeframe
  • you had been given more time to ask for a hearing
  • you did not get information you asked for
  • you paid the issuing authority on time using the correct infringement number 
  • there was another error in the process of the fine being sent to court. 

How to dispute that an infringement fine has been filed in court

Follow the steps below:

  1. The form is called a section 78B application. You can only apply once per fine.  

    To have your application approved, you must show that your situation fits one of the reasons listed on the form (and above). Please carefully read the reasons so you understand what you might be able to challenge. 

    Download the 78B application(external link)(external link) (external link)(external link)form(external link)(external link) or ask for a copy by calling 0800 4 FINES (0800 434 637) or visiting a district court.  

    To process your application, we must have all the information requested in the form. 

    You must include evidence to support your reason(s) for disputing that the issuing authority has filed the fine in court. The application form has a list of evidence you might include, depending on your reason. They include: 

    • an official letter showing your address (such as a power bill or bank statement), for not getting a reminder notice
    • motor vehicle registration information showing you did not own the vehicle, for mistaken identity
    • copies of letters or emails sent to the police or councils 
    • your dated letter or email asking for a hearing. 

  2. You can either: 

    • Scan your evidence and application form, save it as a pdf file and email it to disputefine@justice.govt.nz
    • Post your evidence and application form to: 
      • Ministry of Justice, Dispute Fine, SX10042, Wellington 

  3. A registrar will consider your application. They will send you a letter or email you with their decision. It may take several weeks for this to happen. 

  4. It is important to remember this does not cancel your fine.  

    The court will usually return the fine to the issuing authority. The issuing authority may make a different decision, like ordering another hearing.  

    You need to contact the issuing authority (for example, Police) within 28 days or they can send the fine back to court. 

    After your application is accepted: 

    • Re-issue reminder notice: The issuing authority may send you a new reminder or hearing notice (at the address you supplied on the application form). If you do not hear from them within 2–3 weeks, we strongly recommend you contact them, or the fine could end up back with the court for enforcement.
    • Withdrawal: The issuing authority may choose to cancel the fine, but they are not legally required to.
    • Set up a hearing: You may choose to ask the issuing authority (for example, Police) for a hearing. This means a date will be set for you to attend court and defend the alleged offence. 

  5. You must pay the fine – there are several options for paying, including talking to us about making a payment plan.

    If you do not pay on time, we will take enforcement action to get your payment. This might be making deductions from your wages or bank account. You may be charged a fee if we have to do this.  

    You can apply for a review of the decision. You cannot provide new evidence with this application but a district court judge will review it – you don't have to attend court for this. A review can take up to two months or longer. 

    To apply, you need to complete and file a Review of a Deputy Registrar Decision form. To get this, either call 0800 4 FINES (0800 434 637) or ask at your local district court.  

How to apply for a review of a Registrar's decision

If a registrar has made a decision that affects you, and you are unhappy with it, you can apply to have the decision reviewed by a judge. A review can take up to two months.

This kind of application can’t have new evidence. The review is about the original application when it was submitted.

You can ask for an application form by calling 0800 4 FINES or at your local district court.

Fill out the form and send it to us by email, drop it off at your local district court, or send it to us. 

Email: disputefine@justice.govt.nz 

Find a district court near you(external link) 

Postal address: 
Ministry of Justice 
Dispute Fine 
SX10099 
Wellington 

How to challenge your property being seized in relation to someone else’s fine

In some cases, the court can seize your vehicle for someone else's unpaid fines. 

If the court has sent you a letter warning that your vehicle could be seized, and there is a reason the warning should not apply to your vehicle, you can apply to cancel the warning.

Fill out the Application for cancellation of warning form(external link) and post it to us. 

If your vehicle has been seized after you were sent a warning, and you think there are reasons you should get it back, you can apply to challenge the vehicle seizure. You can complete the Challenge to vehicle seizure form. [PDF, 273 KB]

How to make a third-party claim on property being seized in relation to someone else’s fines

If the court seizes a vehicle or other property to pay another person's fines and you believe you are entitled to it or its value, you can make a claim to it. Fill out the Claim to seized property form [PDF, 255 KB] and post it to us.

To prevent the sale of a seized vehicle or property before your claim is considered, you must make a deposit with the court either: 

  • the value of the property claimed or

  • the cost of seizure and storage until the date the claim is to be heard or

  • give the court security to the value of the property claimed.

If you do not make a deposit with the court, then seven days after it was seized the property will need to be sold via auction.

Find out if you have a fine, check your balance or pay

We're here to help. Contact us by phone or email, including from overseas. All fines need to be paid within 28 days.

How to contact us

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