Summary Proceedings Act 1957

88AE Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88(2)(b) or 88AD(2)(c)

(1)

After considering the report of the Registrar prepared under section 88(2)(b) or 88AD(2)(c) and the defendant’s financial position (whether determined from a declaration of financial capacity prepared by the defendant or from other sources), a District Court Judge or Community Magistrate may—

(a)

refer the matter to the Registrar with a direction that 1 or more of the enforcement actions referred to in section 87(2), as specified in the direction, be invoked; or

(b)

subject to section 106E, direct that a warrant of commitment in the prescribed form be issued; or

(c)

subject to sections 80A to 80ZM of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of home detention; or

(d)

subject to sections 69B to 80 of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of community detention; or

(e)

subject to sections 55 to 80 of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to community work; or

(f)

direct that action be taken for a lesser amount than the fine due; or

(g)

if the amount that the defendant owes for 1 unpaid fine, or in total for more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken to enforce 1 or all of the fines making up the total owing by the defendant as if the fine or fines were an order for the payment of money and as if the Registrar had obtained the order; or

(h)

direct that a greater time for payment of the fine be allowed, subject to any conditions that the Judge or Community Magistrate may direct; or

(i)

direct that no further enforcement proceedings be taken for the fine for any period or subject to any conditions that the Judge or Community Magistrate may direct; or

(j)

remit the fine or a part of the fine.

(2)

A Community Magistrate may not—

(a)

direct the issue of a warrant of commitment under subsection (1)(b):

(b)

sentence a defendant to a sentence of home detention under subsection (1)(c).

(3)

If a Community Magistrate considers that the issue of a warrant of commitment or a sentence of home detention is appropriate in any case, the Community Magistrate must refer the matter to a District Court Judge (in which case sections 167 to 170 of the Criminal Procedure Act 2011, to the extent that they are applicable and with the necessary modifications, apply).

(4)

Despite subsection (1), a period of imprisonment or a sentence of home detention must not be imposed on the defendant for a fine if—

(a)

the fine was imposed for a traffic offence (as defined in section 2(1) of the Oranga Tamariki Act 1989) not punishable by imprisonment; and

(b)

at the date of the commission of the offence, the defendant was a young person within the meaning of that Act.

(5)

If a District Court Judge or Community Magistrate exercises any power conferred by subsection (1) and considers it appropriate to do so, he or she may also make an order under section 88AG for the return of the defendant.

(6)

The remission of the whole or any part of an amount of reparation does not affect the right of the person who suffered the harm, loss, or damage to bring civil proceedings, or make claims under any accident compensation legislation applicable at the time of the offending, to recover the amount so remitted.

Section 88AE: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 88AE heading: amended, on 26 March 2015, by section 7(1) of the Summary Proceedings Amendment Act 2015 (2015 No 35).

Section 88AE(1): amended, on 26 March 2015, by section 7(2) of the Summary Proceedings Amendment Act 2015 (2015 No 35).

Section 88AE(3): amended, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 88AE(4)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).