Guides · updated September 2026
Going to a defended hearing for a NZ ticket
The short answer:if your dispute was declined and you still don't accept the notice, you can ask for a court hearing under section 21 of the Summary Proceedings Act 1957. The request goes to the issuer, in writing and signed, before your deadline. Without an admission of liability it also gets you the evidence. This page is general information about how that works — not legal advice about your case.
Be honest with yourself first
A hearing makes sense when there's a real question about the evidence — it doesn't show your vehicle, a record is missing, the procedure wasn't followed. It rarely makes sense as a protest: if you lose, the fine can go up and court costs are added. Paying is a legitimate choice.
How it runs
1. Request the hearing — in writing, signed, on time
It goes to the issuer, not the court. It is the only thing that stops the notice defaulting into a court fine. Keep proof you sent it, and pay nothing.
2. The issuer files the charge
They send the matter to the District Court and you receive a notice of hearing. It can take months (Auckland Transport says up to 12). Keep your proof of sending.
3. Disclosure
Without an admission, your request unlocks full disclosure. Read what they send against what the notice says. If they refuse something, they must say so — keep that too.
4. The hearing
The prosecution has to prove the offence. The officer usually gives evidence and you can ask them questions. Then the court decides.
The hearing request — free
Our free template fills in as you type and includes the Criminal Disclosure Act request for the documents that matter for your type of notice. Nothing is uploaded or stored.
Write my hearing requestHaven't disputed it yet? Check your ticket free first — a written dispute comes first, and a hearing is only needed if that's declined.
Getting ready
- Keep everything in one place: the notice, your dispute, their reply, the disclosure, and proof of what you sent and when. Your case tracker can give you a case file with the timeline and the documents still to ask for.
- If the location matters, photograph the signs and measure distances yourself, with dates — a measured distance is better than an estimate.
- Bring copies of every document you want to rely on — enough for the court and the prosecutor as well as yourself.
- If you are shown a document at the hearing that wasn't in the disclosure, tell the court.
- Whether to give evidence yourself is a real decision: anything you say can be questioned. That's a good thing to talk through with Community Law before the day.
The honest cost picture
| What happens | Cost to you |
|---|---|
| The issuer withdraws, or the court dismisses the charge | Nothing |
| You are found guilty | A penalty the court sets afresh (can be more than the fee) + $33 court costs + any demerit points |
| You never request a hearing and don't pay | The fee + a $55 court fee, and enforcement can follow |
In your favour either way: no criminal conviction is recorded for an infringement offence, and the $100 offender levy doesn't apply. Fees are the Ministry of Justice figures in effect from 1 July 2026.
Common questions
How do I get a court hearing for an infringement notice?
Send the issuer (Police, NZTA, the council or Auckland Transport — not the court) a written, signed request for a hearing under section 21 of the Summary Proceedings Act 1957. In the first 28 days you use the method on the notice; once a reminder notice has been served, the request must be in writing, signed and delivered within 28 days of that reminder (or any longer period the issuer allows). Send it in a way you can prove, and don't pay any part of the fee — at Auckland Transport even a part payment rules out a hearing.
Does asking for a hearing get me the evidence?
Yes, if you don't admit liability. Under section 13(7)(b) of the Criminal Disclosure Act 2008 a hearing request counts as a not-guilty plea unless it comes with an admission of liability, and that triggers full disclosure — the prosecution has to give you the evidence it relies on. Admitting liability (to make submissions on penalty only) gives that up.
Who hears the case?
The District Court. Undefended and admitted matters are usually dealt with by two Justices of the Peace; a defended hearing may be before JPs or a Judge. The notice of hearing works as your summons: if you deny liability you are expected to attend, and if you don't, the court can decide without you. You can question (cross-examine) the officer who gives evidence.
What does it cost if I lose?
The court sets the penalty afresh — it isn't limited to the infringement fee and can be higher (up to the statutory maximum, $1,000 for most of these offences) — and it must order court costs, currently $33 per charge (Summary Proceedings Act s 21(9)). Two points in your favour: no criminal conviction is recorded for an infringement offence, and the $100 offender levy doesn't apply. Demerit points attach if the offence carries them.
Should I get a lawyer?
For drink or drug driving charges, dangerous driving, or anything that could mean disqualification, yes — see a specialist traffic lawyer. For an ordinary infringement you can represent yourself, but it's worth having someone look over your case first: Community Law Centres give free initial advice (communitylaw.org.nz).
Related: declined — what now? · how the Police Infringement Bureau decides · traffic lawyers
Sources: Summary Proceedings Act 1957 s 21; Criminal Disclosure Act 2008 s 13; Criminal Procedure Act 2011 s 375; Ministry of Justice court fees (1 July 2026); Wellington City Council and Auckland Transport published hearing guidance. GetMeOff.co.nz provides automated document drafting and general information only — it is not legal advice, we are not lawyers, and no outcome is guaranteed. For advice on your own case, Community Law Centres give free initial advice.