NZ Traffic Fines, Demerit Points and How to Appeal

Traffic infringement notices are one of the most common legal encounters New Zealanders have. Whether it's a speeding camera fine, a red-light ticket, or a parking infringement, understanding your rights — and how to challenge a fine — can save you money and protect your licence.

Types of Traffic Offences in NZ

Traffic offences fall into two main categories:

Infringement offences — dealt with by an infringement notice (fine). No criminal conviction results unless you ignore the notice and the matter goes to court undefended.

Criminal traffic offences — serious matters such as drink driving, reckless driving, or driving while disqualified, prosecuted in the District Court.

This article focuses on infringement offences and how to respond to them.

Common Fines and Demerit Points

| Offence | Fine | Demerit Points |

|---------|------|----------------|

| Speeding 11–20 km/h over | $150 | 10 |

| Speeding 21–30 km/h over | $230 | 20 |

| Speeding 31–40 km/h over | $370 | 35 |

| Speeding 41–50 km/h over | $630 | 50 |

| Speeding 51+ km/h over | $1,220 | 100 |

| Running a red light | $150 | 20 |

| Failing to stop or give way | $150 | 20 |

| Using a mobile phone while driving | $150 | 20 |

| Seatbelt not worn | $150 | 25 |

| Overtaking on a yellow line | $150 | 20 |

Demerit points accumulate over a rolling 2-year period. If you reach 100 demerit points, your licence is automatically suspended for 3 months — no court appearance required. You can check your current demerit points at nzta.govt.nz.

Demerit Point Suspensions

When you reach 100 demerit points, the NZ Transport Agency (NZTA) sends you a notice and your licence is suspended for 3 months from the date stated.

·Driving while suspended is a criminal offence — up to $3,000 fine and/or 3 months' imprisonment

·Demerit points reset to zero after the suspension ends

·A suspension notice can sometimes be challenged if you can show the points were incorrectly recorded

How to Pay a Traffic Fine

You have 28 days from the date on the infringement notice to pay. Payment options:

·Online at nzta.govt.nz

·By phone: 0800 822 422

·At any NZ Post outlet

·By mail (cheque payable to NZTA)

If you don't pay within 28 days, a reminder notice is issued with a $30 reminder fee added. If still unpaid, the matter is referred to the District Court. A conviction may be entered in your absence, which can affect your record and potentially your insurance.

How to Dispute a Traffic Fine

Option 1 — Request a Court Hearing

You can elect to have the matter heard in the District Court rather than pay. To do this:

1.Complete the "elect not to pay" section on the infringement notice

2.Return it to NZTA within 28 days of receiving the notice

A hearing date will be set. You attend court and present your case. If the court finds in your favour, the infringement fee is waived and no demerit points are recorded.

Option 2 — Write to the Issuing Authority

For some infringements — particularly police-issued notices — you can write to the issuing authority explaining the circumstances. They have discretion to withdraw the infringement in genuine exceptional cases, such as a medical emergency or an administrative error. This is not a formal appeal, but it can be effective and avoids a court appearance.

What Arguments Work at a Hearing

Successful defences in the District Court include:

·Identity dispute: you were not the driver. For camera-detected fines, the registered owner is liable unless they identify the actual driver in writing.

·Equipment error: the speed camera or detection device was not properly calibrated or tested.

·Emergency: you were responding to a genuine medical emergency and had no alternative.

·Obscured signage: the relevant speed sign or road marking was missing, obscured, or misleading.

·Invalid notice: the notice contains material errors (wrong registration number, wrong date) that make it defective.

Arrive prepared with evidence — photos, witness statements, medical records, or calibration records obtained under the Official Information Act.

Speed Camera Fines: Registered Owner Liability

For camera-detected offences (including red-light cameras), the fine is issued to the registered owner of the vehicle — not necessarily the driver.

If you were not driving, you must identify the actual driver by completing the statutory declaration on the back of the notice and returning it within 28 days. If you don't identify the driver, you remain liable for the fine and any demerit points attached.

Parking Infringements

Parking fines are issued by territorial authorities (councils), not NZTA.

·You can dispute a parking fine by writing to the issuing council within 14 days

·If unresolved, you can appeal to the District Court

·Parking fines do not carry demerit points

·Unpaid parking fines can result in your vehicle being wheel-clamped or towed

Drink Driving — Criminal Offences

Drink driving is a criminal matter, not a traffic infringement:

| Blood Alcohol Level | Consequence |

|---------------------|-------------|

| Over 250mcg/L breath (or 50mg/100ml blood) | Criminal charge for most drivers |

| Under 20s or licence holders under 2 years: any alcohol detected | Infringement or criminal charge |

| High reading or repeat offence | Mandatory disqualification, possible imprisonment |

If you are charged with a drink-driving offence, get legal advice before appearing in court. A Community Law Centre can help if cost is a concern.

Useful Contacts

·NZTA (fines, demerit points, licence): nzta.govt.nz | 0800 822 422

·Community Law Centres (free advice): communitylaw.org.nz

·Citizens Advice Bureau: cab.org.nz

LexNZ provides legal information only — not legal advice. For your specific situation, consult a qualified NZ lawyer.