Part 3 Enforcement of fines

Part 3: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

79 Interpretation

(1)

In this Part, unless the context otherwise requires,—

amount of reparation or reparation means—

(a)

any amount that is required to be paid under a sentence of reparation; or

(b)

any amount that is required to be paid under an order of reparation

chief executive means the chief executive of the Ministry of Justice

default balance means the amount owed by a defendant in respect of 1 or more overdue fines

employer includes, in relation to payments of the kind referred to in this section in the definition of salary or wages, the person or body making the payments

fine

(a)

includes any amount of money, or any part of an amount of money, that a person is obliged to pay under a sentence or an order imposed by a court, whether that amount is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and

(b)

includes any offender levy and any prescribed costs, expenses, or fees payable in respect of the enforcement of an obligation to pay any amount of money, or any part of an amount of money, described in paragraph (a); but

(c)

does not include any amount of money ordered to be paid in a civil proceeding

hire purchase agreement means—

(a)

an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:

(b)

an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid

imposed, in relation to a fine, includes ordered and deemed to be ordered

impoundment costs, in relation to a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, means the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167 of that Act, and, where those fees and charges have already been paid by the chief executive, means the amount required to reimburse the chief executive for that payment

interest means any proprietary interest, whether legal or equitable, and whether vested or contingent

lease does not include a hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 is a party

negotiable instrument has the same meaning as in section 16 of the Personal Property Securities Act 1999

offender levy means a levy imposed under section 105B of the Sentencing Act 2002

order of reparation means—

(a)

an order made under section 106, 108, or 110 of the Sentencing Act 2002; or

(b)

an order made in respect of a child, or any parent or guardian of that child, under section 84(1)(b) of the Oranga Tamariki Act 1989; or

(c)

an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) of the Oranga Tamariki Act 1989; or

(d)

an order that—

(i)

requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and

(ii)

is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of this Part

overdue, in relation to a fine, means—

(a)

that the fine has, in breach of the provisions of an enactment or the terms of a sentence, an order, or a direction, not been paid in full within the time provided or fixed by the enactment, sentence, order, or direction; and

(b)

that the defendant’s obligation to pay the fine has not been resolved

person who is registered, in relation to a motor vehicle, means the person who is registered under the Land Transport Act 1998 in respect of the vehicle, and where several persons are so registered, means any one of those persons

property includes money and negotiable instruments

resolved, in relation to a defendant’s obligation to pay a fine, means that—

(a)

the fine is being reduced, or is to be reduced,—

(i)

by an arrangement under any of sections 81, 86, and 86C; or

(ii)

by a deduction notice issued under section 83(1B)(b), 83(2)(c), 87(2)(c), 87B(1A), or 88AE(1)(a); or

(iii)

by an attachment order issued under section 87(2)(b) or 88AE(1)(a); or

(iv)

in accordance with a direction given under section 88AE(1)(h); or

(b)

the defendant is currently subject to a substituted sentence in respect of that fine; or

(c)

the fine may not be further enforced because of a direction given under section 88AE(1)(i); or

(d)

the order to pay the fine is set aside under section 78B(2)(d) or the fine otherwise ceases to be payable as a result of an appeal

salary or wages includes—

(a)

a retiring allowance or pension or other payment of a similar nature:

(b)

all payments of weekly compensation made by the Accident Compensation Corporation under the Accident Compensation Act 2001:

(c)

a bonus or an incentive payment:

(d)

a payment of commission:

(e)

a payment in consideration of work performed under a contract for services:

(f)

a benefit

secured party has the same meaning as in section 16 of the Personal Property Securities Act 1999, except that the reference to security interest is a reference to security interest as defined by this subsection

security agreement has the same meaning as in section 16 of the Personal Property Securities Act 1999, but does not include a lease

security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999, but does not include a lease

substituted sentence means a warrant of commitment issued under section 83(2)(a) or 88AE(1)(b) or any sentence imposed under section 88AE(1)(c) to (e)

traffic fine means a fine payable in respect of a traffic offence

traffic offence means—

(a)

any offence against the Transport Act 1962, the Road User Charges Act 1977, the Road User Charges Act 2012, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Management Act 2003 or against any regulation, rule, or bylaw made under any of those Acts:

(b)

any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations

use, in relation to a motor vehicle, includes driving, drawing, towing, or propelling by means of another vehicle, and permitting to be on any road

written caution means a caution issued under section 93.

(2)

For the purposes of this section and sections 93 to 100T, a person is, in relation to a defendant, a substitute for the defendant or a substitute if—

(a)

the person is served with a written caution, under section 93, about the defendant’s default in paying a traffic fine for a traffic offence; and

(b)

within 4 years after the date of service of that written caution, the defendant—

(i)

commits a further traffic offence while using a motor vehicle that, at the time of the commission of that further offence, the person owned or had an interest in; and

(ii)

has a traffic fine imposed on him or her for that further traffic offence; and

(iii)

defaults, and continues to be in default, on the fine described in subparagraph (ii).

(3)

For the purposes of sections 93 to 100T, property is owned by a person whether the person owns it solely or as a joint tenant or tenant in common with any other person.

(4)

For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.

(5)

A reference in sections 93 to 100T to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the person who is registered in respect of the motor vehicle but whose purported ownership or registration is subject to an understanding or arrangement that the person—

(a)

is not to acquire any rights, or only limited rights, in the motor vehicle; and

(b)

will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant.

Section 79: replaced, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 79(1) order of reparation paragraph (b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 79(1) order of reparation paragraph (c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 79(1) traffic offence paragraph (a): amended, on 26 March 2015, by section 6 of the Summary Proceedings Amendment Act 2015 (2015 No 35).