Reprint as at 22 January 2014

Sentencing Act 2002

Public Act2002 No 9
Date of assent5 May 2002
Commencementsee 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

1 Title

2 Commencement

Part 1
Sentencing purposes and principles, and provisions of general application

Preliminary provisions

3 Purposes

4 Interpretation

5 Application of this Act

6 Penal enactments not to have retrospective effect to disadvantage of offender

Purposes and principles of sentencing

7 Purposes of sentencing or otherwise dealing with offenders

8 Principles of sentencing or otherwise dealing with offenders

9 Aggravating and mitigating factors

Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

9A Cases involving violence against, or neglect of, child under 14 years

Taking into account offer or agreement to make amends

10 Court must take into account offer, agreement, response, or measure to make amends

Hierarchy of sentences and orders

10A Hierarchy of sentences and orders

Taking account of instrument forfeiture order or successful application for relief

10B Court must take into account instrument forfeiture order or successful application for relief

General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

11 Discharge or order to come up for sentence if called on

12 Reparation

13 Sentence of fine

14 Reparation, fines, and financial capacity of offender

15 Community-based sentence

15A Sentence of home detention

15B Limitation on sentence of home detention for person under 17 years

16 Sentence of imprisonment

17 Imprisonment may be imposed if offender unlikely to comply with other sentences

18 Limitation on imprisonment of person under 17 years

Permitted combinations of sentences

19 Permitted combinations of sentences

20 Guidance on use of combinations of sentences

20A Subsequent community-based sentence or sentence of home detention

21 Effect of provisions concerning multiple sentences on powers of court

Provisions of general application restricting cumulative sentences

22 No sentence may be cumulative on non-association order

23 No sentence may be cumulative on indeterminate sentence of imprisonment

Proof of facts

24 Proof of facts

Sentencing procedure

25 Power of adjournment for inquiries as to suitable punishment

26 Pre-sentence reports

26A Pre-sentence reports when considering sentence of community detention or home detention

27 Offender may request court to hear person on personal, family, whanau, community, and cultural background of offender

28 Disclosure of reports

29 Access to reports

30 No sentence of imprisonment to be imposed without opportunity for legal representation

31 General requirement to give reasons

Part 2
Sentences, orders, and related matters

Subpart 1Monetary penalties

Reparation

32 Sentence of reparation

33 Court may order reparation report

34 Reparation reports

35 Taking into account financial capacity of offender

36 Payment conditions of sentence of reparation

37 Copy of conditions of reparation to be given to person who suffered harm, loss, or damage

38 Payment of sums to person who suffered harm, loss, or damage

38A Cancellation of sentence of reparation

Fines

39 Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence

40 Determining amount of fine

41 Financial capacity of offender

Declaration as to financial capacity

42 Declaration as to financial capacity

42A Offender may be detained for purpose of making declaration

43 Offence of providing false or misleading information

Subpart 2Community-based sentences

44 Community-based sentences

Supervision

45 Sentence of supervision

46 Guidance on use of sentence of supervision

47 Sentences of supervision in respect of 2 or more offences must be served concurrently

48 Conditions of sentence of supervision

49 Standard conditions of supervision

50 Special conditions related to programme

51 Programmes

52 Other special conditions

53 Offender to be under supervision of probation officer

54 Variation or cancellation of sentence of supervision

54AA When time ceases to run on sentence of supervision

54A Application of section 54 during epidemic

Intensive supervision

54B Sentence of intensive supervision

54C Guidance on use of sentence of intensive supervision

54D Sentences of intensive supervision in respect of 2 or more offences must be served concurrently

54E Conditions of sentence of intensive supervision

54F Standard conditions of intensive supervision

54G Special conditions related to programmes

54H Programmes

54I Other special conditions

54J Offender to be under supervision of probation officer

54K Variation or cancellation of sentence of intensive supervision

54KA When time ceases to run on sentence of intensive supervision

54L Application of section 54K during epidemic

Community work

55 Sentence of community work

56 Guidance on use of sentence of community work

57 Concurrent and cumulative sentences of community work

57A Court may defer commencement date of sentence of community work

58 Length of sentence of community work

59 Offender must report to probation officer

60 Offender must notify probation officer if offender changes residential address

61 Probation officer must determine placement of offender for community work

62 Guidance to probation officer in determining placement of offender for community work

63 Authorised work for person sentenced to community work

64 When community work must be done

65 Supervision of offender while doing community work

66 Offender excused from reporting in certain circumstances

66A Probation officer may direct hours of work to be converted to training

66B Some hours of work may be converted to training [Repealed]

66C Consequences of failing without excuse to complete training

66D When hours of community work not counted

67 Remission of sentence of community work

67A Remission of community work hours during epidemic

68 Variation or cancellation of sentence of community work

69 Extension of period within which community work must be done

69A Extension during epidemic of period within which community work must be done

Community detention

69B Sentence of community detention

69C Guidance on use of sentence of community detention

69D Concurrent and cumulative sentences of community detention

69E Conditions of community detention during sentence term

69F Electronic monitoring

69G Offence to breach conditions of community detention

69H Offence to refuse entry to community detention curfew address

69I Variation or cancellation of sentence of community detention

69IA When time ceases to run on sentence of community detention

69J Application of section 69I during epidemic

69JA Chief executive of Department of Corrections may vary offender's curfew address

69K Alternative curfew address pending determination of application under section 69I [Repealed]

69L When sentence ends on non-release day

69M Community detention does not affect entitlements under Social Security Act 1964

Offences related to community-based sentences

70 Offences related to breach of conditions of supervision

70A Offence to breach conditions of intensive supervision

71 Offences relating to breach of sentence of community work

Review of community-based sentences and cancellation of sentences of reparation

72 Jurisdiction and procedure

73 Appeal in respect of substituted sentence

Miscellaneous provisions

74 Order must be drawn up and copy given to offender, etc

75 Commencement of community-based sentences

75A Commencement of cumulative sentences of community work

75B Commencement of cumulative sentences of community detention

76 Commencement of community-based sentence after temporary surrender under Extradition Act 1999

77 Application of Accident Compensation Act 2001 to persons serving community-based sentence

78 Effect of subsequent sentence of imprisonment

79 Period of suspension not counted towards sentence

80 Resumption of community-based sentence if sentence of imprisonment quashed

Subpart 2AHome detention

80A Sentence of home detention

80B Concurrent and cumulative sentences of home detention

80C Detention conditions applying to offender sentenced to home detention

80D Special conditions of sentence of home detention

80E Electronic monitoring

80F Application for variation or cancellation of sentence of home detention

80FA Chief executive of Department of Corrections may vary offender's home detention address

80G Matters relating to orders under section 80F

80H Alternative residence pending determination of application under section 80F [Repealed]

80I Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

80J Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention

80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention

80L Updated pre-sentence report

80M Appeals in respect of substituted sentences

80MA Registrar must notify controlling officer and offender of resumption of sentence

80N Imposition of post-detention conditions on offender

80O Standard post-detention conditions

80P Special post-detention conditions

80Q Review of post-detention conditions if conditions incompatible

80R Variation or discharge of post-detention conditions

80S Offence to breach detention conditions

80T Offence to refuse entry to home detention residence

80U Offence to breach post-detention conditions

80V Arrest without warrant for breach of detention or post-detention conditions

80W Court may defer start date of sentence of home detention

80X Commencement of sentence of home detention

80Y Commencement of sentence of home detention after temporary surrender under Extradition Act 1999

80Z When home detention ends

80ZA When detention conditions suspended

80ZB Time ceases to run in certain circumstances

80ZC Order must be drawn up

80ZD Offender must be given copy of new or amended order

80ZE Home detention does not affect entitlements under Social Security Act 1964

80ZF Application of Accident Compensation Act 2001 to persons serving home detention sentence

80ZG Effect of subsequent sentence of imprisonment of not more than 12 months

80ZGA Effect of subsequent sentence of imprisonment of more than 12 months

80ZGB Period of suspension not counted towards sentence

80ZGC Resumption of sentence of home detention

80ZGD Effect of appeal on resumption of sentence of home detention

80ZH Application of section 80F during epidemic

80ZI Application of section 80R during epidemic

Subpart 2BJudicial monitoring

80ZJ Progress reports

80ZK Consideration of progress reports

80ZL Procedure

80ZM Procedure if possible grounds for variation or cancellation of sentence exist

Subpart 3Imprisonment

81 Length of sentence of imprisonment

81B Procedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment

82 Pre-sentence detention must not be taken into account in determining length of sentence

83 Cumulative and concurrent sentences of imprisonment

84 Guidance on use of cumulative and concurrent sentences of imprisonment

85 Court to consider totality of offending

Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

86 Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

Additional consequences for repeated serious violent offending

86A Interpretation

86B Stage-1 offence: offender given first warning

86C Stage-2 offence other than murder: offender given final warning and must serve full term of imprisonment

86D Stage-3 offences other than murder: offender sentenced to maximum term of imprisonment

86E When murder is a stage-2 or stage-3 offence

86F Continuing effect of warnings

86G Consequences of cancellation of record on later sentences

86H Appeal against orders relating to imprisonment

86I Sections 86B to 86E prevail over inconsistent provisions

Preventive detention

87 Sentence of preventive detention

88 Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained

89 Imposition of minimum period of imprisonment

90 Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

Warrant of commitment for sentence of imprisonment

91 Warrant of commitment for sentence of imprisonment

Interpretation provision relating to references to offender being sentenced to imprisonment for particular period

92 References to period of imprisonment for purposes of section 93

Conditions on release of offender sentenced to imprisonment for short term

93 Imposition of conditions on release of offender sentenced to imprisonment for short term

94 Variation of release conditions

95 Review of conditions if conditions incompatible

96 Offence to breach conditions

Home detention

[Repealed]

97 Court must consider granting offender leave to apply for home detention in certain cases [Repealed]

98 Appeal against order granting or declining leave to apply for home detention [Repealed]

99 Effect of subsequent conviction on home detention [Repealed]

Provisions about start date of sentence of imprisonment

100 Court may defer start date of sentence of imprisonment

101 Start date of sentence of imprisonment

Subpart 4Sentencing for murder

Presumption in relation to sentence for murder

102 Presumption in favour of life imprisonment for murder

Imposition of minimum period of imprisonment or imprisonment without parole

103 Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder

104 Imposition of minimum period of imprisonment of 17 years or more

105 Appeal against imposition of minimum period of imprisonment

Subpart 4AOffender levy and victims' services bank account

105A Interpretation

105B Offender to pay levy

105C Priority of payments received from offender [Repealed]

105D Amount of levy

105E Payment of levy

105F Distribution of money in account

105G Victims' services bank account

105H Payments from, and other operation of, account

105I Regulations on operation of account

105J Approval of agency

Subpart 5Discharge and miscellaneous orders

Discharge

106 Discharge without conviction

107 Guidance for discharge without conviction

108 Conviction and discharge

109 Guidance on conviction and discharge

Order to come up for sentence if called on

110 Order to come up for sentence if called on

111 Calling offender to come up for sentence

Non-association orders

112 Non-association order

113 Effect of non-association order

114 Cumulative orders and sentences

115 Order must be drawn up and copy given to offender, etc

116 Right of appeal against non-association order

117 Commencement of period of non-association

118 Breach of non-association order constitutes offence

119 Effect of subsequent sentences on non-association order

120 Resumption of non-association order if sentence of imprisonment quashed

121 Application for review of non-association order

122 Determination of application for variation or cancellation of order

123 Jurisdiction and procedure

Protection orders

123A Interpretation of terms used in this section and sections 123B to 123G

123B Protection order

123C Provisions applying to protection order made under section 123B

123D Explanation of protection order

123E Protection order to be issued and served on offender

123F Protection order to be sent to Family Court

123G Protection order treated as if made by Family Court

Disqualification from driving

124 Power of court to disqualify offenders from driving motor vehicles

125 Period of disqualification from driving

126 Provisions of Land Transport Act 1998 apply if offender disqualified under section 124

Confiscation of motor vehicles

127 Interpretation of terms used in sections 128 to 142

128 Confiscation of motor vehicle

129 Confiscation of motor vehicle after second offence

129A Confiscation and destruction after third illegal street racing offence

129B Written caution to persons with interest in motor vehicles involved in offences

129C Review of written caution

129D Written caution of no effect if conviction quashed

129E Appeal against confiscation by persons treated as substitutes

129EA Appeal against confiscation by third party

129F Warning notice to secured parties if confiscation not ordered for second illegal street racing offence

130 Court may order declaration of ownership to be completed

130A Court may disregard disposal of motor vehicle by person after written caution

131 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle

132 Enforcement of confiscation order

132A Offence to sell or dispose of motor vehicle subject to confiscation order

133 Offence to remove confiscated vehicle

134 Defect in warrant does not make action unlawful

135 Registrar may direct order to be enforced in another District Court

136 Offender must not acquire new interest in motor vehicle for 12 months

136A Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order

137 Sale of confiscated motor vehicles

137A Certain sales conditional on dismantling and destruction

137B Failure to comply with condition to dismantle and destroy

137C Sale of motor vehicle surrendered or recovered under section 137B

138 Disposal of unsaleable confiscated vehicle

138A Offender liable for outstanding costs of seizure, storage, and sale

139 Procedure if notice given that vehicle subject to security agreement

140 Lessor may apply to Registrar

140A What happens if lessor does not apply to Registrar before motor vehicle sold or disposed of

141 Secured party may apply to court

141A Certain payments required before transfers take effect

141B Application of proceeds of sale by secured party

141C Failure by secured party to sell or account for proceeds

142 Order may be cancelled on application by bona fide purchaser

Instrument forfeiture orders

142A Interpretation of terms used in sections 142B to 142Q

142B Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence

142C Duties of court on notification

142D Notice of possible instrument forfeiture order may be recorded on registers

142E Duties of prosecutor as to service

142F Court may require further information

142G Independent valuation of property

142H Court may order declaration of ownership to be completed

142I Determining ownership of property

142J Applications for relief from instrument forfeiture order

142K Hearings concerning instrument forfeiture orders

142L Court may grant relief from instrument forfeiture order to applicant who establishes interest in property

142M Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship

142N Instrument forfeiture orders

142O Offence of providing false or misleading information under section 142F

142P Evidence in instrument forfeiture order proceedings

142Q Relationship with other provisions in Act

Subpart 6Miscellaneous, transitional, and savings provisions

Miscellaneous provisions

143 Sentence not invalidated by mistake in age of offender

143A Sentencing following finding or verdict of guilt on more than 1 charge

144 Royal prerogative not affected

145 Maximum period of detention for administrative tasks

145A Manner in which amounts of reparation must be applied in cases involving same offence [Repealed]

145B Manner in which amounts of reparation must be applied in cases involving different offences [Repealed]

145C No Crown liability for error, etc, in applying payments of amounts of reparation [Repealed]

145D Definitions for sections 145A to 145C [Repealed]

146 Consent to treatment, etc, not affected

146A A certificate of conviction for succession purposes

147 Regulations

Transitional and savings provisions

148 Reparation or fine for offence committed before commencement date

149 Community-based sentence for offence committed before commencement date

150 Community-based sentences imposed under Criminal Justice Act 1985 [Repealed]

151 Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date [Repealed]

152 Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender

153 Offender convicted of specified offence committed before commencement date

154 Offender convicted of murder committed before commencement date

155 Suspended sentences of imprisonment

156 Corrective training

157 Offenders liable to come up for sentence if called on

158 Non-association orders and confiscation of vehicles for offence committed before commencement date

159 Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985

160 Person under 17 years of age imprisoned

Subpart 7Amendments to other enactments

Amendments to Children, Young Persons, and Their Families Act 1989

161 Custody of child or young person pending hearing

162 Restrictions on power of court to order child or young person to be detained in custody

163 New section 239A inserted

Amendments to Crimes Act 1961

164 Repeal of home invasion provisions in Crimes Act 1961

165 New section 172 substituted

Amendments to Criminal Justice Act 1985

166 Certain provisions in Criminal Justice Act 1985 repealed

167 Appeal against acquittal on account of insanity [Repealed]

168 Order to be made if person under disability or insane [Repealed]

169 Power of court to commit to institution on conviction [Repealed]

170 Power of court to require psychiatric report [Repealed]

171 Access to psychiatric reports [Repealed]

172 Probation officers

173 New section 124A inserted

174 Duties of probation officers

175 New sections 126 and 127 substituted

176 New section 129 substituted

177 Special provisions as to young persons remanded or committed for trial or sentence

178 New sections 142AA and 142AB inserted into Criminal Justice Act 1985

179 Detention of children or young persons serving sentence of imprisonment

Amendment to District Courts Act 1947

[Repealed]

180 Appointment and qualifications [Repealed]

Amendment to Judicature Act 1908

[Repealed]

181 Judges of the High Court [Repealed]

Amendments to Misuse of Drugs Amendment Act 1978

182 Parole

Amendments to Summary Proceedings Act 1957

183 Extension of time to pay

184 Bailiff may arrange extension of time to pay

185 Operation of attachment order

Other amendments and repeals

186 Acts amended

187 Enactments repealed

Schedule 1
Amendments to other enactments

Schedule 2
Enactments repealed

Sentencing Amendment Act 2007

Sentencing Amendment Act 2009

Sentencing (Vehicle Confiscation) Amendment Act 2009

Sentencing and Parole Reform Act 2010

Reprint notes