Reprint as at 1 July 2015

Coat of Arms of New Zealand

Sentencing Act 2002

Public Act
 
2002 No 9
Date of assent
 
5 May 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice and the Department of Corrections.

Contents

1Title
2Commencement
3Purposes
4Interpretation
5Application of this Act
6Penal enactments not to have retrospective effect to disadvantage of offender
7Purposes of sentencing or otherwise dealing with offenders
8Principles of sentencing or otherwise dealing with offenders
9Aggravating and mitigating factors
9ACases involving violence against, or neglect of, child under 14 years
10Court must take into account offer, agreement, response, or measure to make amends
10AHierarchy of sentences and orders
10BCourt must take into account instrument forfeiture order or successful application for relief
11Discharge or order to come up for sentence if called on
12Reparation
13Sentence of fine
14Reparation, fines, and financial capacity of offender
15Community-based sentence
15ASentence of home detention
15BLimitation on sentence of home detention for person under 17 years
16Sentence of imprisonment
17Imprisonment may be imposed if offender unlikely to comply with other sentences
18Limitation on imprisonment of person under 17 years
19Permitted combinations of sentences
20Guidance on use of combinations of sentences
20ASubsequent community-based sentence or sentence of home detention
21Effect of provisions concerning multiple sentences on powers of court
22No sentence may be cumulative on non-association order
23No sentence may be cumulative on indeterminate sentence of imprisonment
24Proof of facts
24AAdjournment for restorative justice process in certain cases
25Power of adjournment for inquiries as to suitable punishment
26Pre-sentence reports
26APre-sentence reports when considering sentence of community detention or home detention
27Offender may request court to hear person on personal, family, whanau, community, and cultural background of offender
28Disclosure of reports
29Access to reports
30No sentence of imprisonment to be imposed without opportunity for legal representation
31General requirement to give reasons
32Sentence of reparation
33Court may order reparation report
34Reparation reports
35Taking into account financial capacity of offender
36Payment conditions of sentence of reparation
37Copy of conditions of reparation to be given to person who suffered harm, loss, or damage
38Payment of sums to person who suffered harm, loss, or damage
38ACancellation of sentence of reparation
39Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence
40Determining amount of fine
41Financial capacity of offender
42Declaration as to financial capacity
42AOffender may be detained for purpose of making declaration
43Offence of providing false or misleading information
44Community-based sentences
45Sentence of supervision
46Guidance on use of sentence of supervision
47Sentences of supervision in respect of 2 or more offences must be served concurrently
48Conditions of sentence of supervision
49Standard conditions of supervision
50Special conditions related to programme
51Programmes
52Other special conditions
53Offender to be under supervision of probation officer
54Variation or cancellation of sentence of supervision
54AAWhen time ceases to run on sentence of supervision
54AApplication of section 54 during epidemic
54BSentence of intensive supervision
54CGuidance on use of sentence of intensive supervision
54DSentences of intensive supervision in respect of 2 or more offences must be served concurrently
54EConditions of sentence of intensive supervision
54FStandard conditions of intensive supervision
54GSpecial conditions related to programmes
54HProgrammes
54IOther special conditions
54JOffender to be under supervision of probation officer
54KVariation or cancellation of sentence of intensive supervision
54KAWhen time ceases to run on sentence of intensive supervision
54LApplication of section 54K during epidemic
55Sentence of community work
56Guidance on use of sentence of community work
57Concurrent and cumulative sentences of community work
57ACourt may defer commencement date of sentence of community work
58Length of sentence of community work
59Offender must report to probation officer
60Offender must notify probation officer if offender changes residential address
61Probation officer must determine placement of offender for community work
62Guidance to probation officer in determining placement of offender for community work
63Authorised work for person sentenced to community work
64When community work must be done
65Supervision of offender while doing community work
66Offender excused from reporting in certain circumstances
66AProbation officer may direct hours of work to be converted to training
66BSome hours of work may be converted to training [Repealed]
66CConsequences of failing without excuse to complete training
66DWhen hours of community work not counted
67Remission of sentence of community work
67ARemission of community work hours during epidemic
68Variation or cancellation of sentence of community work
69Extension of period within which community work must be done
69AExtension during epidemic of period within which community work must be done
69BSentence of community detention
69CGuidance on use of sentence of community detention
69DConcurrent and cumulative sentences of community detention
69EConditions of community detention during sentence term
69FElectronic monitoring
69GOffence to breach conditions of community detention
69HOffence to refuse entry to community detention curfew address
69IVariation or cancellation of sentence of community detention
69IAWhen time ceases to run on sentence of community detention
69JApplication of section 69I during epidemic
69JAChief executive of Department of Corrections may vary offender’s curfew address
69KAlternative curfew address pending determination of application under section 69I [Repealed]
69LWhen sentence ends on non-release day
69MCommunity detention does not affect entitlements under Social Security Act 1964
70Offences related to breach of conditions of supervision
70AOffence to breach conditions of intensive supervision
71Offences relating to breach of sentence of community work
72Jurisdiction and procedure
73Appeal in respect of substituted sentence
74Order must be drawn up and copy given to offender, etc
75Commencement of community-based sentences
75ACommencement of cumulative sentences of community work
75BCommencement of cumulative sentences of community detention
76Commencement of community-based sentence after temporary surrender under Extradition Act 1999
77Application of Accident Compensation Act 2001 to persons serving community-based sentence
78Effect of subsequent sentence of imprisonment
79Period of suspension not counted towards sentence
80Resumption of community-based sentence if sentence of imprisonment quashed
80ASentence of home detention
80BConcurrent and cumulative sentences of home detention
80CDetention conditions applying to offender sentenced to home detention
80DSpecial conditions of sentence of home detention
80EElectronic monitoring
80FApplication for variation or cancellation of sentence of home detention
80FAChief executive of Department of Corrections may vary offender’s home detention address
80GMatters relating to orders under section 80F
80HAlternative residence pending determination of application under section 80F [Repealed]
80ILeave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases
80JAppeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention
80KApplication for cancellation of sentence of imprisonment and substitution of sentence of home detention
80LUpdated pre-sentence report
80MAppeals in respect of substituted sentences
80MARegistrar must notify controlling officer and offender of resumption of sentence
80NImposition of post-detention conditions on offender
80OStandard post-detention conditions
80PSpecial post-detention conditions
80QReview of post-detention conditions if conditions incompatible
80RVariation or discharge of post-detention conditions
80SOffence to breach detention conditions
80TOffence to refuse entry to home detention residence
80UOffence to breach post-detention conditions
80VArrest without warrant for breach of detention or post-detention conditions
80WCourt may defer start date of sentence of home detention
80XCommencement of sentence of home detention
80YCommencement of sentence of home detention after temporary surrender under Extradition Act 1999
80ZWhen home detention ends
80ZAWhen detention conditions suspended
80ZBTime ceases to run in certain circumstances
80ZCOrder must be drawn up
80ZDOffender must be given copy of new or amended order
80ZEHome detention does not affect entitlements under Social Security Act 1964
80ZFApplication of Accident Compensation Act 2001 to persons serving home detention sentence
80ZGEffect of subsequent sentence of imprisonment of not more than 12 months
80ZGAEffect of subsequent sentence of imprisonment of more than 12 months
80ZGBPeriod of suspension not counted towards sentence
80ZGCResumption of sentence of home detention
80ZGDEffect of appeal on resumption of sentence of home detention
80ZHApplication of section 80F during epidemic
80ZIApplication of section 80R during epidemic
80ZJProgress reports
80ZKConsideration of progress reports
80ZLProcedure
80ZMProcedure if possible grounds for variation or cancellation of sentence exist
81Length of sentence of imprisonment
81BProcedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment
82Pre-sentence detention must not be taken into account in determining length of sentence
83Cumulative and concurrent sentences of imprisonment
84Guidance on use of cumulative and concurrent sentences of imprisonment
85Court to consider totality of offending
86Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
86AInterpretation
86BStage-1 offence: offender given first warning
86CStage-2 offence other than murder: offender given final warning and must serve full term of imprisonment
86DStage-3 offences other than murder: offender sentenced to maximum term of imprisonment
86EWhen murder is a stage-2 or stage-3 offence
86FContinuing effect of warnings
86GConsequences of cancellation of record on later sentences
86HAppeal against orders relating to imprisonment
86ISections 86B to 86E prevail over inconsistent provisions
87Sentence of preventive detention
88Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained
89Imposition of minimum period of imprisonment
90Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention
91Warrant of commitment for sentence of imprisonment
92References to period of imprisonment for purposes of section 93
93Imposition of conditions on release of offender sentenced to imprisonment for short term
94Variation of release conditions
95Review of conditions if conditions incompatible
96Offence to breach conditions
[Repealed]
97Court must consider granting offender leave to apply for home detention in certain cases [Repealed]
98Appeal against order granting or declining leave to apply for home detention [Repealed]
99Effect of subsequent conviction on home detention [Repealed]
100Court may defer start date of sentence of imprisonment
101Start date of sentence of imprisonment
102Presumption in favour of life imprisonment for murder
103Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder
104Imposition of minimum period of imprisonment of 17 years or more
105Appeal against imposition of minimum period of imprisonment
105AInterpretation
105BOffender to pay levy
105CPriority of payments received from offender [Repealed]
105DAmount of levy
105EPayment of levy
105FDistribution of money in account
105GVictims’ services bank account
105HPayments from, and other operation of, account
105IRegulations on operation of account
105JApproval of agency
106Discharge without conviction
107Guidance for discharge without conviction
108Conviction and discharge
109Guidance on conviction and discharge
110Order to come up for sentence if called on
111Calling offender to come up for sentence
112Non-association order
113Effect of non-association order
114Cumulative orders and sentences
115Order must be drawn up and copy given to offender, etc
116Right of appeal against non-association order
117Commencement of period of non-association
118Breach of non-association order constitutes offence
119Effect of subsequent sentences on non-association order
120Resumption of non-association order if sentence of imprisonment quashed
121Application for review of non-association order
122Determination of application for variation or cancellation of order
123Jurisdiction and procedure
123AInterpretation of terms used in this section and sections 123B to 123G
123BProtection order
123CProvisions applying to protection order made under section 123B
123DExplanation of protection order
123EProtection order to be issued and served on offender
123FProtection order to be sent to Family Court
123GProtection order treated as if made by Family Court
124Power of court to disqualify offenders from driving motor vehicles
125Period of disqualification from driving
126Provisions of Land Transport Act 1998 apply if offender disqualified under section 124
127Interpretation of terms used in sections 128 to 142
128Confiscation of motor vehicle
129Confiscation of motor vehicle after second offence
129AConfiscation and destruction after third illegal street racing offence
129BWritten caution to persons with interest in motor vehicles involved in offences
129CReview of written caution
129DWritten caution of no effect if conviction quashed
129EAppeal against confiscation by persons treated as substitutes
129EAAppeal against confiscation by third party
129FWarning notice to secured parties if confiscation not ordered for second illegal street racing offence
130Court may order declaration of ownership to be completed
130ACourt may disregard disposal of motor vehicle by person after written caution
131If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
132Enforcement of confiscation order
132AOffence to sell or dispose of motor vehicle subject to confiscation order
133Offence to remove confiscated vehicle
134Defect in warrant does not make action unlawful
135Registrar may direct order to be enforced in another District Court
136Offender must not acquire new interest in motor vehicle for 12 months
136ARegistrar must apply for deregistration of motor vehicle subject to confiscation and destruction order
137Sale of confiscated motor vehicles
137ACertain sales conditional on dismantling and destruction
137BFailure to comply with condition to dismantle and destroy
137CSale of motor vehicle surrendered or recovered under section 137B
138Disposal of unsaleable confiscated vehicle
138AOffender liable for outstanding costs of seizure, storage, and sale
139Procedure if notice given that vehicle subject to security agreement
140Lessor may apply to Registrar
140AWhat happens if lessor does not apply to Registrar before motor vehicle sold or disposed of
141Secured party may apply to court
141ACertain payments required before transfers take effect
141BApplication of proceeds of sale by secured party
141CFailure by secured party to sell or account for proceeds
142Order may be cancelled on application by bona fide purchaser
142AInterpretation of terms used in sections 142B to 142Q
142BDuties of prosecutor if offender guilty of qualifying instrument forfeiture offence
142CDuties of court on notification
142DNotice of possible instrument forfeiture order may be recorded on registers
142EDuties of prosecutor as to service
142FCourt may require further information
142GIndependent valuation of property
142HCourt may order declaration of ownership to be completed
142IDetermining ownership of property
142JApplications for relief from instrument forfeiture order
142KHearings concerning instrument forfeiture orders
142LCourt may grant relief from instrument forfeiture order to applicant who establishes interest in property
142MCourt may grant relief from instrument forfeiture order to applicant on grounds of undue hardship
142NInstrument forfeiture orders
142OOffence of providing false or misleading information under section 142F
142PEvidence in instrument forfeiture order proceedings
142QRelationship with other provisions in Act
143Sentence not invalidated by mistake in age of offender
143ASentencing following finding or verdict of guilt on more than 1 charge
144Royal prerogative not affected
145Maximum period of detention for administrative tasks
145AManner in which amounts of reparation must be applied in cases involving same offence [Repealed]
145BManner in which amounts of reparation must be applied in cases involving different offences [Repealed]
145CNo Crown liability for error, etc, in applying payments of amounts of reparation [Repealed]
145DDefinitions for sections 145A to 145C [Repealed]
146Consent to treatment, etc, not affected
146AA certificate of conviction for succession purposes
147Regulations
148Reparation or fine for offence committed before commencement date
149Community-based sentence for offence committed before commencement date
150Community-based sentences imposed under Criminal Justice Act 1985 [Repealed]
151Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date [Repealed]
152Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender
153Offender convicted of specified offence committed before commencement date
154Offender convicted of murder committed before commencement date
155Suspended sentences of imprisonment
156Corrective training
157Offenders liable to come up for sentence if called on
158Non-association orders and confiscation of vehicles for offence committed before commencement date
159Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985
160Person under 17 years of age imprisoned
161Custody of child or young person pending hearing
162Restrictions on power of court to order child or young person to be detained in custody
163New section 239A inserted
164Repeal of home invasion provisions in Crimes Act 1961
165New section 172 substituted
166Certain provisions in Criminal Justice Act 1985 repealed
167Appeal against acquittal on account of insanity [Repealed]
168Order to be made if person under disability or insane [Repealed]
169Power of court to commit to institution on conviction [Repealed]
170Power of court to require psychiatric report [Repealed]
171Access to psychiatric reports [Repealed]
172Probation officers
173New section 124A inserted
174Duties of probation officers
175New sections 126 and 127 substituted
176New section 129 substituted
177Special provisions as to young persons remanded or committed for trial or sentence
178New sections 142AA and 142AB inserted into Criminal Justice Act 1985
179Detention of children or young persons serving sentence of imprisonment
[Repealed]
180Appointment and qualifications [Repealed]
[Repealed]
181Judges of the High Court [Repealed]
182Parole
183Extension of time to pay
184Bailiff may arrange extension of time to pay
185Operation of attachment order
186Acts amended
187Enactments repealed
Reprint notes