The issuer has written back and the answer is no. At this point you can pay, or ignore it and let it default into a court fine with extra costs. There is a third option that is easy to miss: you can ask for the matter to be heard in court. It is a real right, it has real costs, and it only makes sense in some cases. Here is what it is, and what it isn't.
What the request actually is
Under section 21 of the Summary Proceedings Act 1957, an infringement notice doesn't have to end with the issuer's decision. You can ask for a court hearing instead. The rules that matter:
- The request goes to the issuer, not the court. It must be in writing and signed.
- There are two 28-day windows. In the first 28 days, you make the request on the notice itself, by the method the notice specifies. Once a reminder notice has been served, you have 28 days from service to put it in writing under s 21(6), unless the issuer allows longer. A request that refers to both windows covers whichever one you are in.
- A declined dispute does not stop the clock. Only the written hearing request stops the process that sends an unpaid notice to court by default.
- Auckland Transport bars a hearing request once any part of the fee has been paid, even a part-payment. If you are thinking about a hearing, don't part-pay first.
If you do nothing, the notice can default into court without you, and the Ministry of Justice adds a $55 non-contested infringement fine fee (its schedule of fees, effective 1 July 2026).
What a hearing request unlocks, and what admitting costs you
There is one detail in the Criminal Disclosure Act 2008 that is easy to trip over. Under s 13(7)(b), a hearing request counts as a not-guilty plea for disclosure purposes, unless it comes with an admission of liability. A request without an admission entitles you to full disclosure of the prosecution's material. If you admit liability in the same letter, for example so you can make submissions on penalty, you give that up.
Who hears it? Undefended and admitted matters are usually dealt with by two Justices of the Peace rather than a Judge.
What it can cost you
Be clear-eyed about this part, because it runs in both directions.
The infringement fee is fixed by regulation and the issuer generally can't reduce it. If you go to a hearing and are found guilty, the court sets the penalty afresh. It isn't limited to the amount on the notice, and the maximum for most of these offences is $1,000. The court must also order prescribed costs under s 21(9), currently $33 per charge.
Two things count in your favour:
- Under s 375 of the Criminal Procedure Act 2011, no conviction is recorded for an infringement offence.
- The $100 offender levy does not apply to infringement fines.
As an illustration, a $70 ticket that goes to a hearing and is lost comes to $70 plus the $33 costs. There is a tail risk of a higher penalty. That is the arithmetic, and it is why we don't describe a hearing as a free roll of the dice. It isn't one.
When it makes sense, and when it doesn't
A hearing only makes sense if you have a real question about the evidence. That might be whether the issuer can show it was your vehicle, whether the records exist, or whether the process was followed. It is a poor way to register a protest. It costs a morning or more of your time, and on a denial of liability Auckland Transport says personal attendance is required and the process can take up to 12 months.
Paying is a legitimate choice. Most tickets are valid, and if the decline letter gave solid reasons and your grounds were always thin, paying before the due date ends the matter cleanly. We would rather you paid a valid ticket than spent a year on a lost cause.
If you are weighing it up, two free resources can help:
- Our guide to going to a defended hearing walks through what happens and what to expect.
- The free hearing-request letter on our declined page assembles the signed request for you, including a Criminal Disclosure Act request. It runs in your browser and nothing is stored.
If you have paid us for a dispute letter and the issuer declined it, you may be able to claim your fee back under the Result Guarantee. The exact rules and the claim form are at /refund. If you want to check a notice you haven't disputed yet, the free check is where to start.
For advice on your own case, including whether a hearing is worth it, talk to your local Community Law centre. We draft documents and explain how the process works. We can't tell you what a court will do with your facts, and neither can anyone else in advance.
Sources: Summary Proceedings Act 1957, s 21; Criminal Disclosure Act 2008, s 13(7)(b); Criminal Procedure Act 2011, s 375; Ministry of Justice infringement fees, effective 1 July 2026; Auckland Transport's published infringement dispute and court hearing information. This post is general information, not legal advice; no outcome is guaranteed.