New Zealand Legislation: Acts

25 Pecuniary penalty orders

• (1) On the hearing of an application for a pecuniary penalty order in respect of benefits derived by a person from the commission of a serious offence, the Court may, if it is satisfied that the person derived benefits from the commission of that offence,—

  • (a) Assess, in accordance with sections 27 and 28 of this Act, the value of the benefits so derived; and

  • (b) Order the person to pay to the Crown a pecuniary penalty not greater than the penalty amount.

  (2) The penalty amount is the value of the benefits assessed under sections 27 and 28 of this Act, reduced by—

  • (a) An amount equal to the value of any property that has been forfeited, or is proposed to be forfeited, to the Crown under this Part of this Act as proceeds of the relevant serious offence; and

  • (b) An amount equal to the value of any pecuniary penalty that has already been imposed, in respect of the benefit, under this Act or any other enactment; and

  • (c) Any further amount which the Court considers appropriate to take into account, after having regard to the matter referred to in section 14(1)(b) of this Act.

  (3) A pecuniary penalty order against a person may be enforced as if it were an order made in civil proceedings instituted by the Crown against the person to recover a debt due by that person to the Crown.

  Compare: Proceeds of Crime Act 1987 (Aust), s 26(1)-(5), (9)