Pending fines and SMC application

[Tariq Shahzad]

Hi all,
Let me start with a special thanks to JandM for helping me to be onboard! Thx a lot sir🙏
I have a bit of situation, on 7th Sep 19, received a letter from MoJ ( Ministry of Justice) that I have some pending fines and I shall contact them immediately. Surprising letter was posted at my frnd’s address. Once I called MoJ, I was informed that car no xx registered on my name was fined by NZTA for an unauthorised use of special lane on 30th Jan 2019 (car is driven by my wife) and I did not respond to their fine notice / reminders. During verification of my personal details, lady on the phone found out that a different address, which I have no linkage was registered with NZTA and I need to change it which I did immediately. MoJ has sent me an email with a form 78B which I have returned duly filled and with proof of my address etc. Now hoping that my fine will be reverted to the prosecuting authority/NZTA for out of the court settlement!

On form 78B, a question was that I have updated address with NZTA , which I had no knowledge that we need to update address as well. I have two cars and both were showing on that wrong address (probably car dealer made mistake).

My SMC application is sitting in queue since 13 Aug 2019, although it is no where even close to CO allocation but I hope above situation does not have any negative impact on my application?

Another thought, I am an ex military officer, got retired from Pakistan Military at Lieutenant Colonel rank in Oct 2018 and joined my family in NZ in Nov 2018. My wife had moved alongwith our 3 children in Sep 2017 to start her PhD from AUT. It took us nearly 9 month to get our first visas granted (my wife and children got student visas and I got visitor visa) due to my military service. Visa officer asked me tones of details about my 25 years of military service record / posting places and nature of duties etc but ultimately got our visas approved for one year. Once we applied for the extension in Sep 18, it got approved on 11th day for two years term😄 super fast this time👏👏.

Now I am the principal applicant with operations manager job in one of the security company with 78 k package, hope my military service will not cause any delays in our residency application?

(From Sep 17 to Nov 18, I visited NZ twice,1st arrived with my family to get them settled and for the 2nd time in Jan 2018 and spent 4 months in NZ , utilised all my accumulated leave of 25 years &#128516

Looking forward to your opinions please.

My visas time line
1st visa applied : Nov 16
Visa granted : Aug 17
Moved to NZ : Sep 17
(Wife and children are in NZ since their 1st arrival and I went back to complete remaining military service)
Extension of visas applied : 11 Sep 18
Extension for 2 years granted: 22 Sep 18
(my visitor visa got converted to open work visa)
Moved to NZ after retirement: 17 Nov 18
Got 1st job in one of the security : 5 Dec 18
Moved to another security company for a better role : 1 Apr 19

Finally got a job offer for a manager position with a start on 1 July 19 enabling me to apply for residency 😄
EOI submitted with 180 points claim : 15 May 19
EOI selected /ITA received 17 May 19
ITA submitted : 22 July 19
Application accepted for processing : 13 Aug 19
Waiting for CO allocation

(My daughter 3rd year university fee for bachelors in IT is due in Feb 2020, I wish I could save this money, already paid her 2 years fee approx 68 k &#128532. Fingers crossed .....

[JandM]

The character requirements for residence are only concerned with convictions. https://www.immigration.govt.nz/opsmanual/#35058.htm Other matters either dealt with by police at the roadside or fines automatically generated by traffic cameras are infringements. The application form asks about convictions only, but some people, wishing to show that they are scrupulously honest, answer "paid infringements only".

Therefore, this matter of the notifications of fines going to the wrong address etc. is unlikely to cause problems, now you have been in touch and sorted it out, though if you or your wife were to be taken to court for any part of it, it would have to be declared and explained. Notice, some traffic offences do carry the possibility of a sentence that could trigger deportation, so it is REALLY IMPORTANT not to rack up a record of re-offence. The NZ system applies traffic laws very strictly, so getting caught again for the same thing often means a court summons and a conviction, and this will count on the character requirement for a visa.

About your military service - I'm afraid it may well be questioned once again. INZ COs vary in how much weight they put on previous investigation by their colleagues. I've seen an LIA say, 'Character waiver required once, character waiver may always be required,' and your past military career is permanently *there* in your record, so can prompt a knee-jerk reaction. The fact that you retired and now have a NZ work record may help, but there are no guarantees that you won't have to go over the same questions again.

[JandM]

I've just merged the two threads you started so as to have all the answers in one place. (Most regular readers come in by way of New Posts or What's New? so won't miss anything, and there's no need to have it on the forum twice.)

As I said in my reply which was on the other thread but is now above, you are not obliged to tell INZ about infringements, and only need tell them if you or your wife were to be taken to court and convicted.

[Tariq Shahzad]

Thank you very much JandM, I actually posted other thread at a wrong forum , therefore requested the administrator to delete one.

Regarding my military background, I have given complete details of my military service. As our visa extension was granted in just 11 days, so it gives me a little hope.

[JandM]

Yes, good luck.

How did you request the administrator? I haven't seen anything come through the areas that are open to me, so I'm just asking to check if there is something that needs to be fixed.

[Tariq Shahzad]

JandM,
I wrote it in my 2nd thread that I have posted a thread in another forum “Life in New Zealand” which I suppose is a irrelevant forum , so I request Administrator to please delete that. I did not send any private message. I think you probably did not read that. Any way, I apologise for any inconvenience caused🙏

[JandM]

No problem.

If in the future, you have a problem with a post, your own or someone else's, you can tell the moderator team about it by clicking on the little exclamation mark button at the bottom left corner of the post.

[Tariq Shahzad]

Thank you JandM. You are always so kind.🙏

[Tariq Shahzad]

[QUOTE=Tariq Shahzad;584280]Thank you JandM. You are always so kind.🙏[/QUOT


Hi all,

Quick update, how I have dealt my fine issue and its final outcome! It might be useful incase someone encounters the same situation.

Today, I received a letter from MoJ reading "after reviewing your application to withdraw the above fines from the court (it was just one fine), the decision has been made to decline it. The reason for this is that the infringement reminder notice was sent to the address listed with the Motor Vehicle Register at that time. That wrong address under question was mentioned ".

Court asked me to provide evidence from NZTA that the above address was entered in error by them on their system Or pay the fine and court fee ($150 +$30).

I called NZTA and asked them to check in their system how wrong address was entered and what is the procedure to identify the mistake. NZTA responded that they burn record after every 6 month, hence cannot comment how mistake occurred and who did that mistake. However, officer gave me a useful hint that I shall contact my car dealer if he is in possession of MR2A form which ll clarify if its car dealer's mistake or NZTA data entry officer made error while recording the entry (I learnt MR2A form is filled by the car dealer and is handed over to NZTA. Data entry officer records the same information in the system, keeps original copy of MR2A and returns carbon copy to the applicant). NZTA also sent me a confirmatory email that my address have been updated on 7th Sep.

I called my car dealer and luckily he had kept MR2A carbon copy in which my correct address was mentioned , so it was NZTA mistake (I got that form emailed to me for my own record)

Called MoJ and explained the situation, the officer on phone without even seeing or demanding MR2A got convinced and offered me to pay original infringement fine of $150 and he was waving off the court fee of $30. I paid then and there over the phone to the same officer, he sent me payment receipt. I asked him a question that my residency application was in queue, hope this is not going to have any negative impact. He said, he is sending me an email for my record , which I received 5 min later " Subject - Citizenship document , date , my address , my namer and my DOB. mail further reads , as of 13 Sep 2019 our fines database shows a balance of $0.00.

JandM, hope I handled it well? It will be taken as an infringement only and I don't need to act any further like passing this information on to INZ?

Thank you!

[JandM]

That sounds perfect - you kept calm and polite with NZTA, but kept pushing.

So now your record shows only a paid infringement, and INZ are only concerned with convictions, so you don't need to tell them specially.