New Zealand Legislation: Acts

27 Assessment of pecuniary penalty

• (1) In this section and in section 28 of this Act, the term offence period, in relation to an application for a pecuniary penalty order in respect of 2 or more serious offences, means the period commencing when the earlier or earliest of those offences was committed and ending when the later or latest of those offences was committed.

  (2) For the purposes of an application for a pecuniary penalty order, the value of the benefits derived by a person (in this subsection referred to as the defendant) from the commission of an offence or offences shall be assessed by the Court having regard to evidence before the Court concerning all or any of the following matters:

  • (a) The money, or the value of the property other than money, that came into the possession or under the control of—

    • (i) The defendant; or

    • (ii) Another person at the request or direction of the defendant—

    by reason of the commission of the offence or any of the offences:

  • (b) The value of any other benefit provided to—

    • (i) The defendant; or

    • (ii) Another person at the request or direction of the defendant—

    by reason of the commission of the offence or any of the offences:

  • (c) The value of the defendant's property,—

    • (i) Where the application relates to a single offence, before and after the commission of the offence; or

    • (ii) Where the application relates to 2 or more offences, before, during, and after the offence period.

  (3) In calculating, for the purposes of a pecuniary penalty order, the value of benefits derived by a person from the commission of an offence or offences, any expenses or outgoings of that person in connection with the commission of the offence or offences shall be disregarded.

  (4) For the purposes of this section and section 28 of this Act, where property of a person vests in the Assignee under the Insolvency Act 2006 by reason of a person's bankruptcy, the property shall continue to be treated as the property of that person.

  Compare: Proceeds of Crime Act 1987 (Aust), 27(1), (2), (8), (9)

  Section 27(4): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).