Sentencing Amendment Act 2006

Sentencing Amendment Act 2006

Public Act2006 No 12
Date of assent9 April 2006

Note

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Sentencing Amendment Act 2006.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 New sections 145A to 145D inserted
  • The following sections are inserted after section 145:

    145A Manner in which amounts of reparation must be applied in cases involving same offence
    • (1) This section applies if a person (the liable person) is required to pay an amount of reparation to 2 or more persons in relation to the same offence (whether the requirement to pay the amount of reparation arose before or after the commencement of this section).

      (2) Any payments received from the liable person must be applied, as between the persons in whose favour the sentence of reparation or order of reparation (or both) was made, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentence or order (or both or if there was no such order, in equal amounts).

      (3) Subsection (2) applies subject to any contrary direction by a court.

    145B Manner in which amounts of reparation must be applied in cases involving different offences
    • (1) This section applies—

      • (a) if a person (the liable person) is required to pay an amount of reparation to a person or persons in relation to an offence; and

      • (b) if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and

      • (c) if both the amounts referred to in paragraphs (a) and (b) have not been paid in full; and

      • (d) whether the requirements to pay the amounts referred to in paragraphs (a) and (b) arose before or after the commencement of this section.

      (2) For the purpose of subsection (1) it does not matter whether or not the offence referred to in subsection (1)(b) is of the same kind as the offence referred to in subsection (1)(a).

      (3) Any payments received from the liable person must, in respect of 1 or more sentences of reparation or orders of reparation (or both) imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 145A if applicable)—

      • (a) as between the persons in whose favour the sentences of reparation or orders of reparation (or both) were made; and

      • (b) in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentences or orders (or both).

      (4) Any payments received from the liable person must, in respect of sentences of reparation or orders of reparation (or both) imposed on the liable person on different days, be applied (in accordance with section 145A or subsection (3), if applicable) first in satisfaction of the amount of reparation that is payable to the person or persons in whose favour the sentence of reparation or the order of reparation (or both) was made first.

      (5) After the amount of reparation referred to in subsection (4) has been paid in full, any further payments received from the liable person must next be applied (in accordance with section 145A or subsection (3), if applicable) to the person or persons in whose favour the sentence of reparation or the order of reparation (or both) was next made.

      (6) This section applies subject to any contrary direction by a court.

    145C No Crown liability for error, etc, in applying payments of amounts of reparation
    • The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of reparation in accordance with section 145A or section 145B.

    145D Definitions for sections 145A to 145C
    • In sections 145A to 145C,—

      amount of reparation means—

      • (a) any amount that is required to be paid under a sentence of reparation; or

      • (b) any amount that is required to be paid under any order of reparation

      order of reparation means—

      • (a) an order made under section 106, section 108, or section 110; or

      • (b) an order made in respect of a child, or any parent or guardian of that child, under section 84(1)(b) of the Children, Young Persons, and Their Families Act 1989; or

      • (c) an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) of the Children, Young Persons, and Their Families Act 1989; or

      • (d) an order that—

        • (i) requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and

        • (ii) is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of sections 145A to 145C.


Legislative history

14 May 2003Introduction (Bill 41-1)
19 June 2003First reading and referral to Law and Order Committee
26 July 2004Reported from Law and Order Committee (Bill 41-2)
14 June 2005, 23 June 2005, 22 March 2006, 28 March 2006Committee of the whole House
28 March 2006Divided from the Courts and Criminal Matters Bill (Bill 41-2) as Bill 41-3G
30 March 2006Third reading