New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 10 May 2011
| Public Act | 2002 No 9 |
| Date of assent | 5 May 2002 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice and the Department of Corrections.
Part 1
Sentencing purposes and principles, and provisions of general application
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
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
11 Discharge or order to come up for sentence if called on
14 Reparation, fines, and financial capacity of offender
15A Sentence of home detention
15B Limitation on sentence of home detention for person under 17 years
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
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
25 Power of adjournment for inquiries as to suitable punishment
26A Additional requirements 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
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
33 Court may order reparation report
35 Taking into account financial capacity of offender
36 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
39 Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence
41 Financial capacity of offender
Declaration as to financial capacity
42 Declaration as to financial capacity
43 Offence of providing false or misleading information
Subpart 2—Community-based sentences
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
53 Offender to be under supervision of probation officer
54 Variation or cancellation of sentence of supervision
54A Application of section 54 during epidemic
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
54J Offender to be under supervision of probation officer
54K Variation or cancellation of sentence of intensive supervision
54L Application of section 54K during epidemic
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 Court may authorise hours of work to be converted into training
66B Some hours of work may be converted to training
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
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
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
69J Application of section 69I during epidemic
69K Alternative curfew address pending determination of application under section 69I
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
73 Appeal in respect of substituted sentence
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 Injury Prevention, Rehabilitation, and 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
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
80F Application for variation or cancellation of sentence of home detention
80G Matters relating to orders under section 80F
80H Alternative residence pending determination of application under section 80F
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
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
80ZA When detention conditions suspended
80ZB Time ceases to run in certain circumstances
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 Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence
80ZG Effect of subsequent sentence of imprisonment
80ZH Application of section 80F during epidemic
80ZI Application of section 80R during epidemic
Subpart 2B—Judicial monitoring
80ZK Consideration of progress reports
80ZM Procedure if possible grounds for variation or cancellation of sentence exist
81 Length of sentence of 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
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
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
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
[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 4—Sentencing 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 4A—Offender levy and victims' services bank account
105C Priority of payments received from offender
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
Subpart 5—Discharge and miscellaneous orders
106 Discharge without conviction
107 Guidance for discharge without conviction
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
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
123A Interpretation of terms used in this section and sections 123B to 123G
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
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
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 seek 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 encumbrance
140 Lessor under leasing agreement may apply to Registrar
141 Secured party may apply to court
141A Certain payments required before transfers take effect
141B Application of proceeds of sale by secured party
142 Order may be cancelled on application by bona fide purchaser
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 6—Miscellaneous, transitional, and savings provisions
143 Sentence not invalidated by mistake in age of offender
144 Royal prerogative not affected
145 Enforcement of payment of amounts under sentence of reparation, reparation orders, etc
145A Manner in which amounts of reparation must be applied in cases involving same offence
145B Manner in which amounts of reparation must be applied in cases involving different offences
145C No Crown liability for error, etc, in applying payments of amounts of reparation
145D Definitions for sections 145A to 145C
146 Consent to treatment, etc, not affected
146A A certificate of conviction for succession purposes
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
151 Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date
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
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 7—Amendments 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
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]
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
180 Appointment and qualifications [Repealed]
Amendment to Judicature Act 1908
181 Judges of the High Court [Repealed]
Amendments to Misuse of Drugs Amendment Act 1978
Amendments to Summary Proceedings Act 1957
184 Bailiff may arrange extension of time to pay
185 Operation of attachment order
Schedule 1
Amendments to other enactments
Sentencing (Vehicle Confiscation) Amendment Act 2009
