New Zealand Legislation: Acts

26 Variation of pecuniary penalty order

• (1) Where—

  • (a) A Court makes a pecuniary penalty order; and

  • (b) In calculating the penalty amount, the Court took into account a forfeiture of, or proposed forfeiture order in respect of, any property; and

  • (c) The forfeiture order is discharged on appeal against the making of the order, or the proceedings for the proposed forfeiture order terminate without the proposed order being made,—

  the Solicitor-General may apply to the Court for a variation of the pecuniary penalty order to increase the amount payable to the Crown by the value of the property taken into account under section 25(2)(a) of this Act.

  (2) On an application under subsection (1) of this section, the Court may, if it considers it appropriate to do so, vary the pecuniary penalty order accordingly.

  Compare: Proceeds of Crime Act 1987 (Aust), s 26(6)