Costs in Criminal Cases Act 1967

4 Costs of the prosecutor

• (1) Where any defendant is convicted by any court of any offence, the court may, subject to any regulations made under this Act, order him to pay such sum as it thinks just and reasonable towards the costs of the prosecution.

  (2) Where on the arrest of that person any money was taken from him the court may in its discretion order the whole or any part of the money to be applied to any such payment.

  (3) Where the court convicts any person and the informant or prosecutor has not prepaid any fees of court, the court may order the person convicted to pay the fees of court.

  (4) Any costs allowed under this section shall be specified in the conviction and may be recovered in the same manner as a fine.

  (5) If subsection (1) or subsection (3) applies and the defendant or person convicted is a Crown organisation convicted of an offence against the Building Act 1991, the Building Act 2004, the Health and Safety in Employment Act 1992, or the Resource Management Act 1991, any costs and fees awarded must be paid from the funds of that organisation.

  Compare: 1957 No 87 s 72(1), (4), (6); 1961 No 43 s 402(1), (4)

  Section 4(5): inserted, on 18 October 2002, by section 20 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

  Section 4(5): amended, on 1 October 2009, by section 162(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 4(5): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).