295 Information matching to locate person in serious default of payment of fine

(1)

The purpose of this section is to facilitate the exchange of information between the Department and the department of State for the time being responsible for the enforcement of fines (the responsible department) to enable—

(a)

the responsible department to locate any person who is in serious default in the payment of any fine; and

(b)

appropriate fines enforcement action to be taken against that person.

(2)

For the purpose of this section, an authorised officer may supply to the chief executive of the Department any identifying information about a person who is in serious default in the payment of a fine, and the chief executive of the Department may compare that information with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may supply to an authorised officer 1 or more of the following:

(a)

the person’s full name:

(b)

the person’s date of birth:

(c)

the person’s gender:

(d)

the person’s nationality:

(e)

the person’s address:

(f)

the person’s occupation:

(g)

the expiry date of any visa granted to the person (if applicable):

(h)

the date that the person is expected to return to New Zealand (if applicable).

(3)

The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—

(a)

the frequency with which information may be supplied; and

(b)

the form in which information may be supplied; and

(c)

the method by which information may be supplied.

(4)

In this section and section 296, unless the context otherwise requires,—

amount of reparation has the same meaning as in section 79 of the Summary Proceedings Act 1957

authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of that department to supply information to or receive information from the chief executive of the Department in accordance with this section

fine means—

(a)

a fine within the meaning of section 79 of the Summary Proceedings Act 1957:

(b)

a fine to which section 19 of the Crimes Act 1961 applies:

(c)

a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:

(d)
[Repealed]

(e)

any amount payable under section 138A(1) of the Sentencing Act 2002

fines enforcement action includes the execution of a warrant to arrest a person in respect of the non-payment of the whole or any part of any fine

identifying information means personal information that identifies an individual, which may include the individual’s passport number

serious default, in relation to a person, means that—

(a)

the person owes—

(i)

an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or

(ii)

any amount of reparation; and

(b)

a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a); and

(c)

the warrant has not been withdrawn or executed.

Compare: 1987 No 74 ss 141AD, 141AE

Section 295(4) amount of reparation: inserted, on 13 February 2012, by section 4(3) of the Immigration Amendment Act 2011 (2011 No 39).

Section 295(4) fine: replaced, on 13 February 2012, by section 4(1) of the Immigration Amendment Act 2011 (2011 No 39).

Section 295(4) fine paragraph (d): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 295(4) reparation: repealed, on 13 February 2012, by section 4(2) of the Immigration Amendment Act 2011 (2011 No 39).