Criminal Proceedings (Enforcement of Fines) Rules 1967

  • revoked
  • Criminal Proceedings (Enforcement of Fines) Rules 1967: revoked, on 13 February 2012, by rule 6 of the Criminal Proceedings (Enforcement of Fines) Rules 2011 (SR 2011/397).

Reprint
as at 13 February 2012

Criminal Proceedings (Enforcement of Fines) Rules 1967

(SR 1967/176)

Bernard Fergusson, Governor-General

Order in Council

At the Government House at Wellington this 5th day of July 1967

Present:
His Excellency the Governor-General in Council

  • Criminal Proceedings (Enforcement of Fines) Rules 1967: revoked, on 13 February 2012, by rule 6 of the Criminal Proceedings (Enforcement of Fines) Rules 2011 (SR 2011/397).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.


Pursuant to the Crimes Act 1961 and the Judicature Act 1908, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least four of the other members of the Rules Committee constituted under the Judicature Amendment Act 1930 (of whom at least one was a Judge of the Supreme Court), hereby makes the following rules.

Rules

1 Title and commencement
  • (1) These rules may be cited as the Criminal Proceedings (Enforcement of Fines) Rules 1967.

    (2) These rules shall come into force on the day after the date of their notification in the Gazette.

2 Writ of sale when immediate execution directed
  • (1) Every writ of sale issued under section 19B of the Crimes Act 1961 shall be in form 1 of the Schedule.

    (2) Unless the court otherwise directs, no writ of sale shall be issued under section 19B of the Crimes Act 1961 until the expiration of the period of 14 days commencing with the day after the date on which the fine was imposed or the order was made or until the expiration of any further period which may have been allowed or fixed by the court.

3 Warrant of commitment for non-payment issued in the first instance
  • Where the court, pursuant to section 19B of the Crimes Act 1961, imposes on an offender a period of imprisonment in default of payment of a fine or other sum of money, the Registrar shall issue forthwith a warrant of commitment in form 2 of the Schedule.

4 Warrant to collect fine or other sum of money ordered to be paid
  • (1) Every warrant to collect a fine or other sum of money issued under section 19C of the Crimes Act 1961 shall be in form 3 of the Schedule.

    (2) [Revoked]

    (3) The report made by a constable on any such warrant under section 19C(2) of the Crimes Act 1961 shall be in form 4 of the Schedule.

    Section 4(2): revoked, on 1 April 1987, by regulation 3 of the Criminal Proceedings (Enforcement of Fines) Fee Regulations 1987 (SR 1987/53).

5 Writ of sale following issue of warrant to collect
  • Every writ of sale issued under section 19D of the Crimes Act 1961 shall be in form 5 of the Schedule.

6 Warrant of commitment following issue of warrant to collect
  • Where a Judge, pursuant to section 19D of the Crimes Act 1961, makes an order for the immediate imprisonment of an offender, the Registrar shall issue forthwith a warrant of commitment in form 6 of the Schedule.

6A Forms to be used where person liable to community work, community detention, or home detention
  • (1) Every summons to a person who is liable under section 19DA of the Crimes Act 1961 to be sentenced to community work, community detention, or home detention for non-payment of a sum of money shall be in form 6A of the Schedule, and every warrant to arrest any such person issued under that section shall be in form 6B in that Schedule.

    (2) Where a Judge sentences any such person under that section to community work, community detention, or home detention, the Registrar shall record the particulars of the sentence in form 6C, 6CA, or 6CB in that Schedule, as the case may require.

    Rule 6A: inserted, on 1 October 1985, by rule 2(1) of the Criminal Proceeding (Enforcement of Fines) Rules 1967, Amendment No 1 (SR 1985/243).

    Rule 6A heading: amended, on 1 October 2007, by rule 4(1) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

    Rule 6A heading: amended, on 30 June 2002, by rule 3(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

    Rule 6A(1): amended, on 1 October 2007, by rule 4(2) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

    Rule 6A(1): amended, on 30 June 2002, by rule 3(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

    Rule 6A(2): amended, on 1 October 2007, by rule 4(3)(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

    Rule 6A(2): amended, on 1 October 2007, by rule 4(3)(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

    Rule 6A(2): amended, on 30 June 2002, by rule 3(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

7 Sheriff's warrant to bailiff
  • Every Sheriff to whom a writ of sale in form 1 is delivered shall issue forthwith a warrant in form 7 of the Schedule.

8 Application of High Court Rules
  • The provisions of the High Court Rules set out in Schedule 2 of the Judicature Act 1908 relating to writs of sale apply, with all necessary modifications, to writs of sale issued under the Crimes Act 1961 in the same way as they apply to writs of sale issued under the High Court Rules.

    Rule 8: replaced, on 30 June 2002, by rule 4 of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

9 Charging orders
  • (1) Where the court orders the issue of a writ of sale under section 19B or section 19D of the Crimes Act 1961, the court may, at any time before the execution of the writ, direct the issue of a charging order under rule 567 or rule 568 of the High Court Rules set out in Schedule 2 of the Judicature Act 1908.

    (2) Where the court directs the issue of a charging order under rule 567 or 568, the other provisions of Part 6 of the High Court Rules apply accordingly with all necessary modifications.

    Rule 9: replaced, on 30 June 2002, by rule 4 of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

10 Application of Sheriffs' Fees Notice 1952
  • Nothing in these regulations shall limit the provisions of the Sheriffs' Fees Notice 1952 (SR 1952/124).


Schedule

Form 1
Writ of sale where immediate execution directed

Section 19B, Crimes Act 1961

Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith.

To the Sheriff of [place]: Greeting

Whereas [full name] of [address, occupation] (hereinafter called the offender) was on the [date] convicted of [offence] in the High Court at [place] and was ordered to pay the sum of $[amount] and the sum of $[amount] for costs:

And whereas the court is of opinion that the offender has sufficient means to pay the said sums forthwith (or that the offender has no fixed place of residence) (or that, having regard to special circumstances execution should issue without delay):

We command you that of the personal property of the offender in your district, except necessary tools of trade to a value not exceeding $500, and necessary household furniture and effects, including the wearing apparel of the offender and his or her family, to a value not exceeding $2,000, you cause to be made the sum of [in words] and the fees and expenses of and incidental to the issue and execution of this writ and immediately after the execution you pay into the High Court at [place] the sum so made.

And we also command you that you indorse on this writ immediately after execution thereof a statement of the manner in which you have executed it.

Issued under the seal of the High Court at [place] on [date].

[Seal]
Registrar:


  • Schedule form 1: amended, on 30 June 2002, by rule 5(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 1: amended, on 30 June 2002, by rule 5(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 1: amended, on 30 June 2002, by rule 5(c) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 2
Warrant of commitment for non-payment issued in the first instance

Section 19B, Crimes Act 1961

To every constable (or to [full name], constable), and to the Superintendent of the prison at [place].

[Full name], of [address, occupation] (hereinafter called the offender) was on the [date] convicted of [offence] in the High Court at [place] and was ordered to pay the sum of $[amount] and the sum of $[amount] for costs.

The court being of opinion that the offender has sufficient means to pay the said sums forthwith (or that the offender has no fixed place of residence) (or that having regard to special circumstances execution should issue without delay) directed that in default of payment the offender be imprisoned for a period of [months] and that a warrant of commitment be issued in the first instance.

The offender has not paid the said sums.

The court directs you, the said constable(s), unless the total amount shown at the foot of this warrant is sooner paid to you, to arrest the offender and deliver him to the prison at [place], and you, the said Superintendent, to receive the offender into your custody and detain him for a period of [months] unless the said sums and the costs and charges of the commitment are sooner paid.

Amount of fine 
Costs 
 Total sum $

Date:
Registrar:


  • Schedule form 2: amended, on 30 June 2002, by rule 6(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 2: amended, on 30 June 2002, by rule 6(c) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 3
Warrant to collect sum adjudged to be paid on conviction

Section 19C, Crimes Act 1961

To every constable: (or to [full name], constable:)

[Full name], of [address, occupation] (hereinafter called the offender) was on the [date] convicted of [offence] in the High Court at [place] and ordered to pay the sum of $[amount] and the sum of $[amount] costs. [Here set out the particulars of any order made under section 19 of the Crimes Act 1961.]

The offender has not paid [constable(s)] the said sums but has made default. I direct you to collect from the offender the said sums or so much of them as remains unpaid and the fee for the issue of this warrant and pay them to this court, or, if the offender fails to pay on demand, to make a report as to his means for the court so far as you have been able to ascertain them, or if after reasonable inquiry the offender cannot be found, to make a report to that effect to the court.

Fines remaining unpaid 
Costs 
Warrant to collect 
 Total sum $

Date:
Registrar:


  • Schedule form 3: amended, on 30 June 2002, by rule 7(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 3: amended, on 30 June 2002, by rule 7(c) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 4
Constable's return to warrant to collect sum adjudged to be paid

Section 19C(2), Crimes Act 1961

I [name], of [place], constable, hereby certify to the High Court at [place] that—

After reasonable inquiry the offender could not be found. (or I demanded payment from the offender of the sums within-mentioned, but the said sums have not been paid, and, pursuant to section 19C(2) of the Crimes Act 1961, I hereby make report as to the means of the offender so far as I have been able to ascertain them.) [Here set out report. The report should state whether the offender has attained the age of 21 years.]

Date:
Constable:


  • Schedule form 4: amended, on 30 June 2002, by rule 8 of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 5
Writ of sale following issue of warrant to collect

Section 19D, Crimes Act 1961

Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith.

To the Sheriff of [place]: Greeting

Whereas [full name] of [address, occupation] (hereinafter called the offender) was on the [date] convicted of [offence] in the High Court at [place] and ordered to pay the sum of $[amount] and the sum of $[amount] for costs:

And whereas a constable has made a report to the court pursuant to a warrant to collect dated the [date] as to the means of the offender (or that the defendant could not be found):

And whereas the offender has not paid the said sums:

And whereas the High Court has made an order for the issue of this writ:

We command you that of the real and personal estate of the offender in your district, except necessary tools of trade to a value not exceeding $500, and necessary household furniture and effects, including the wearing apparel of the offender and his or her family, to a value not exceeding $2,000, you cause to be made the sum of [in words] and the fees and expenses of and incidental to the issue and execution of this writ and immediately after the execution you pay into the High Court at [place] the sum so made.

And we also command you that you indorse on this writ immediately after execution thereof a statement of the manner in which you have executed it.

Issued under the seal of the High Court at [date].

[Seal]
Registrar:


  • Schedule form 5: amended, on 30 June 2002, by rule 9(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 5: amended, on 30 June 2002, by rule 9(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 5: amended, on 30 June 2002, by rule 9(c) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 5: amended, on 30 June 2002, by rule 9(d) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 6
Warrant of commitment following issue of warrant to collect

Section 19D, Crimes Act 1961

To every constable (or to [full name], constable), and to the Superintendent of the prison at [place].

[Full name], of [address, occupation] (hereinafter called the offender) was on the [date] convicted of [offence] in the High Court at [place] and was ordered to pay the sum of $[amount] and the sum of $[amount] for costs.

A constable has made a report to the court pursuant to a warrant to collect dated the [date] as to the means of the offender (or that the offender could not be found).

The offender has not paid the said sums and the High Court has made an order for the immediate imprisonment of the offender.

Pursuant to that order, you, the said constable(s), are hereby directed, unless the total amount shown at the foot of this warrant is sooner paid to you, to arrest the offender and deliver him to the prison at [place], and you, the said Superintendent, are hereby directed to receive the offender into your custody and to imprison him for a period of [months] unless the sum due is sooner paid.

Fines recoverable 
Costs recoverable 
Warrant to collect 
 Total sum $

Date:
Registrar:


  • Schedule form 6: amended, on 30 June 2002, by rule 10(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 6: amended, on 30 June 2002, by rule 10(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 6: amended, on 30 June 2002, by rule 10(d) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 6A
Summons to person liable to community work, community detention, or home detention for non-payment of fine

Section 19DA, Crimes Act 1961

To [full name], of [address, occupation].

On the [date] you were convicted of [offence] by the High Court at [place] and you were ordered to pay the sum of $[amount] and the sum of $[amount] for [costs].

A warrant to collect was issued on the [date] *(and a warrant of distress on the [date]), but (part of) the sum of money is still unpaid.

Now pursuant to section 19DA of the Crimes Act 1961 you are liable to be sentenced to community work, community detention, or home detention.

You are summoned to appear on [date] at [time] at the High Court at [place] to show cause why any of these sentences should not be imposed on you.

Date:
Judge:


*Delete if inapplicable.
  • Schedule form 6A: inserted, on 1 October 1985, by regulation 2(2) Criminal Proceeding (Enforcement of Fines) Rules 1967, Amendment No 1 (SR 1985/243).

  • Schedule form 6A heading: amended, on 1 October 2007, by rule 5(1) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6A heading: amended, on 30 June 2002, by rule 11(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 6A: amended, on 1 October 2007, by rule 5(2)(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6A: amended, on 1 October 2007, by rule 5(2)(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6A: amended, on 30 June 2002, by rule 11(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 6B
Warrant to arrest person liable to community work, community detention, or home detention for non-payment of fine

Section 19DA, Crimes Act 1961

To every constable:

On the [date] [full name], of [address, occupation], (hereinafter called the offender) was convicted of [offence] by the High Court at [place] and was ordered to pay the sum of $[amount] and the sum of $[amount] for [costs].

A warrant to collect was issued on the [date] *(and a warrant of distress on the [date]), but (part of) the sum of money is still unpaid.

Now pursuant to section 19DA of the Crimes Act 1961 the offender is liable to be sentenced to community work, community detention, or home detention.

I am of the opinion that there are grounds for the issue of this warrant of arrest.

And I direct you to arrest the offender and bring the offender before the High Court as soon as possible to show cause why any of these sentences should not be imposed on the offender.

Date:
Judge:


*Delete if inapplicable.
  • Schedule form 6B: inserted, on 1 October 1985, by regulation 2(2) of the Criminal Proceeding (Enforcement of Fines) Rules 1967, Amendment No 1 (SR 1985/243).

  • Schedule form 6B heading: amended, on 1 October 2007, by rule 5(3) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6B heading: amended, on 30 June 2002, by rule 12(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 6B: amended, on 1 October 2007, by rule 5(4)(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6B: amended, on 1 October 2007, by rule 5(4)(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

  • Schedule form 6B: amended, on 30 June 2002, by rule 12(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 6C
Order for sentence of community work for non-payment of fine, etc

Section 19DA, Crimes Act 1961

Case no:

To [defendant's full name] of [current address, occupation, phone number(s)]

You have been ordered to pay the amount(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

*Delete whichever is inapplicable.

Because of this, on [specify date of sentence], a High Court Judge at [place] sentenced you to [specify hours of community work] hours of community work.

*You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours after [specify date of sentence].

*The start of your sentence is deferred until [specify sentence start date]. You must report to a probation officer in the probation area in which you reside on that date.

*Delete whichever is inapplicable.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community work imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community work imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of community work imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of community work imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*The probation officer may allow you to complete up to 20% of your sentence as training in basic work and living skills.

*Delete if inapplicable.

If you pay $ [total amount owing] to the court, this sentence will be cancelled.

Registrar:

Date:

Order served on defendant at [time] on [date].


Bailiff/Registrar/Court Officer*

*Delete whichever is inapplicable.

I, the defendant, have received a copy of this order.

Defendant:

Date:


Department of Corrections advised of order on [date].

Important information

Community work conditions
  • 1 You must comply with the following community work conditions:

    • (a) you must report to a probation officer whenever you are directed to do so during your sentence:

    • (b) you must work as directed by a probation officer until you have completed your sentence:

    • (c) if you move to a new residential address, you must advise a probation officer of your new residential address within 72 hours:

    • (d) if the probation officer is not satisfied with the quality of your work, he or she can refuse to count these hours towards your sentence. This means that you could be required to complete further hours not exceeding 10% of your total sentence:

    • (e) a probation officer may remit up to 10% of your sentence if he or she is satisfied with your compliance with your sentence.

Your sentence
  • 2 The following conditions apply to your sentence:

    • (a) you may have to work a maximum of 10 hours in 1 day and a maximum of 40 hours in one week:

    • (b) if you are sentenced to 100 hours or less of community work, you must serve your sentence within 6 months of its start date:

    • (c) if you are sentenced to more than 100 hours of community work, you must serve at least 100 hours in every 6-month period from your sentence's start date until all the hours in it are served:

    • *(d) if you fail, without reasonable excuse, to complete training in basic work and living skills, the hours that you spent undertaking that training will not be counted towards your sentence.

*Delete if inapplicable.
Warning

If you do not comply with these conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or be liable to a fine not exceeding $1,000.

Variation or cancellation of sentence
  • 3 Your sentence can be varied or cancelled by the Court following an application from you or a probation officer under section 68 of the Sentencing Act 2002.

Schedule of unpaid fines, etc

CRNOffence dateOffence Amount imposed
[specify][specify][specify][specify]
  • Schedule form 6C: replaced, on 1 October 2007, by rule 5(5) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

Form 6CA
Order for sentence of community detention for non-payment of fine, etc

Section 19DA, Crimes Act 1961 occasion

Case no:

To [defendant's full name] of [current address, occupation, phone number(s)]

You have been ordered to pay the amount(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

*Delete whichever is inapplicable.

Because of this, on [specify date of sentence], a High Court Judge at [place] sentenced you to [specify number] months, [specify number] weeks, and [specify number] days of community detention. This sentence starts on [specify sentence start date].

During this sentence, you will be subject to a curfew. This means that you must be at the curfew address [specify curfew address] during the curfew period.

*Your curfew starts every day at [specify time] and finishes at [specify time].

*Delete if inapplicable.

Your curfew starts on [specify day] day at [specify time] and finishes on [specify day] day at [specify time].

*Delete if inapplicable.

*Your curfew starts every week on [specify day] at [specify time] and finishes on [specify day] at [specify time].

*Delete if inapplicable.

*Your curfew starts every month on [specify day] at [specify time] and finishes on [specify day] at [specify time].

*Delete if inapplicable.

To ensure you comply with this sentence, you may be monitored electronically.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of community detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of community detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

You must report in person to a probation officer in the probation area in which you reside as soon as practicable, and not later than 24 hours, after [specify start date of sentence]. If the 24 hours elapses on a weekend or a public holiday, you must report on the next working day instead.

If you pay $ [total amount owing] to the court, this sentence will be cancelled.

Registrar:

Date:


Order served on defendant at [time] on [date]

Bailiff/Registrar/Court Officer*


*Delete whichever is inapplicable.

I the defendant, have received a copy of this order.

Defendant:

Date:


Department of Corrections advised of order on [date].

Important information

Community detention general conditions
  • 1 You must comply with the following community detention general conditions:

    • (a) you must report to a probation officer whenever you are directed to do so by the probation officer during your sentence:

    • (b) you must tell a probation officer where you are living, including any change of address, and the nature and place of any employment you are undertaking if you are asked to do so:

    • (c) you must keep a copy of this order in your possession at all times. You must produce this order for inspection if a member of the police or a probation officer asks you to do so.

Community detention curfew conditions
  • 2 You must comply with the following curfew conditions:

    • (a) during the curfew, you are under the supervision of a probation officer and must comply with any lawful direction given by that probation officer:

    • (b) during the curfew, you must not leave the curfew address, except in the circumstances set out in paragraph 3 below.

  • 3 During the curfew, you may leave the curfew address only in the following circumstances:

    • (a) to seek urgent medical or dental treatment:

    • (b) to avoid or minimise a serious risk of death or injury to yourself or another person:

    • (c) if a probation officer agrees, on humanitarian grounds. You must comply with any conditions imposed by that probation officer:

    • (d) if you are also completing a sentence of supervision or intensive supervision at the same time as (that is, concurrently with) this sentence, and a probation officer agrees, you may leave the curfew address during your curfew period to:

      • seek or engage in employment:

      • attend training or other rehabilitative or reintegrative activities or programmes:

      • attend a restorative justice conference or other process related to your offending:

      • carry out any undertaking arising from any restorative justice process.

Warning

If you do not comply with the community detention general conditions or the community detention curfew conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500.

Other community detention requirements
  • 4 You must allow a probation officer to enter your curfew address if you are required to be there at that time.

  • 5 You must also allow an authorised person to enter your curfew address at any time if the authorised person seeks entry to service or inspect the electronic monitoring equipment.

Warning

If you do not comply with these other community detention requirements, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

Variation or cancellation of sentence or conditions
  • 6 You, or a probation officer, may apply to vary or cancel your community detention sentence under section 691 of the Sentencing Act 2002.

Schedule of unpaid fines, etc

CRNOffence dateOffenceAmount imposed
[specify][specify][specify][specify]
  • Schedule form 6CA: inserted, on 1 October 2007, by rule 5(5) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

Form 6CB
Order for sentence of home detention for non-payment of fine, etc

Section 19DA, Crimes Act 1961

Case no:

To [defendant's full name] of [current address], [current occupation], [current phone number(s)]

You have been ordered to pay the amount(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

*Delete whichever is inapplicable.

Because of this, on [specify date of sentence], a High Court Judge at [place] sentenced you to home detention for a period of [specify period] starting on [specify home detention start date].

You must serve your sentence at [specify home detention address].

*You must go to this address and begin serving your sentence immediately.

*You must go to this address and begin serving your sentence on [specify home detention start date].

*Delete whichever is inapplicable.

During your sentence, you must comply with the standard detention conditions listed in paragraph 1 of the Important information sheet attached. These conditions finish on [specify standard conditions end date].

*In addition, you must comply with the following special detention conditions: *[specify special conditions].

*These finish on [specify special conditions end date].

*Delete if inapplicable.

To ensure you comply with this sentence, you may be monitored electronically.

*After you have completed your sentence on [specify home detention end date], you must comply with the standard post-detention conditions set out in paragraph 7 of the Important information sheet attached. These finish on [specify standard post-detention conditions end date].

*Delete if inapplicable.

*You must also comply with the following special post-detention conditions: *[specify special post-detention conditions].

*These finish on [specify special post-detention conditions end date].

*Delete if inapplicable.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of home detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of home detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of home detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

*This sentence is to be served after (that is, cumulatively with) the sentence of home detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*Delete if inapplicable.

If you pay $[specify total amount owing] to the court, this sentence will be cancelled.

Registrar:

Date:


Order served on defendant at [time] on [date].

Bailiff/Registrar/Court Officer*


*Delete whichever is inapplicable.

I, the defendant, have received a copy of this order.

Defendant:

Date:


Department of Corrections advised of order on [date].

Important information

Standard detention conditions
  • 1 You must comply with the following standard detention conditions:

    • (a) you are under the supervision of a probation officer. You must co-operate with the probation officer and comply with any lawful direction given by that probation officer:

    • (b) you must not leave the home detention residence at any time, except as outlined in paragraph 2 below:

    • (c) you must keep a copy of this order in your possession at all times. You must produce this order for inspection if a member of the police or a probation officer asks you to do so:

    • (d) you must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with your detention conditions:

    • (e) a probation officer may direct you not to engage, or continue to engage, in a specific employment or occupation. If a probation officer gives you that direction, you must not engage, or continue to engage, in that employment or occupation:

    • (f) a probation officer may give you a written direction not to associate with any specified person, or with persons of a specified class. If a probation officer gives you that written direction, you must not associate with that specified person or with persons of that specified class:

    • (g) a probation officer may direct you to take part in an assessment of our rehabilitative and reintegrative needs. If and when you are directed to do so, you must take part in that assessment.

  • 2 You may leave your home detention residence only in the following circumstances:

    • (a) to seek urgent medical or dental treatment; or

    • (b) to avoid or minimise a serious risk of death or injury to yourself or another person; or

    • (c) with the approval of a probation officer,—

      • to comply with any special condition of your sentence of home detention:

      • to seek or engage in employment:

      • to attend training or other rehabilitative or reintegrative activities or programmes: to attend a restorative justice conference or other process related to your offending:

      • to carry out any undertaking arising from any restorative justice process:

      • for any other purpose that has been approved specifically by a probation officer, such as the completion of a concurrent community work sentence.

  • 3 A probation officer may approve an alternative residence while an application to vary your home detention residence is being considered.

  • 4 If you have been sentenced to home detention for 6 months or more, and you have completed three-quarters of your sentence, a probation officer may authorise you to spend up to 4 hours per day away from your home detention residence without a specified purpose. The probation officer may authorise such absences for any or all of the remaining days of the sentence.

Warning

If you do not comply with the standard detention conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.

Other detention requirements
  • 5 You must allow a probation officer to enter your home detention residence if you are required to be there at that time.

  • 6 You must also allow an authorised person to enter your home detention residence at any time if the authorised person seeks entry to service or inspect the electronic monitoring equipment.

Warning

If you do not comply with these other detention requirements, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or be liable to a fine not exceeding $5,000.

Standard post-detention conditions
  • 7 After you have completed your sentence, you must comply with the following standard post-detention conditions:

    • (a) you must report to a probation officer whenever you are directed to do so:

    • (b) you must tell a probation officer, if he or she asks you to do so, where you are living and the nature and place of any employment you undertake:

    • (c) if you plan to move within a probation area, you must give a probation officer reasonable notice (unless prior notification is impossible) before moving. You must advise a probation officer of your new address:

    • (d) you must have written permission from a probation officer before you move to a new residential address in another probation area. You must report to a probation officer in your new probation area as soon as you can, and not later than 72 hours, after you arrive in the new probation area:

    • (e) you must not live at any address that a probation officer has directed you not to live at:

    • (f) a probation officer may direct you not to engage, or continue to engage, in a specific employment or occupation. If a probation officer gives you that direction, you must not engage, or continue to engage, in that employment or occupation:

    • (g) a probation officer may give you a written direction not to associate with any specified person, or with persons of a specified class. If a probation officer gives you that written direction, you must not associate with that specified person or with persons of that specified class:

    • (h) a probation officer may direct you to take part in an assessment of your rehabilitative and reintegrative needs. If and when you are directed to do so, you must take part in that assessment.

Warning

If you do not comply with these standard post-detention conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500.

Variation, cancellation, or discharge of sentence or conditions
  • 8 You, or a probation officer, may apply to vary or cancel your home detention sentence under section 80F of the Sentencing Act 2002.

  • 9 You, or a probation officer, may apply to vary or discharge your post-detention conditions under section 80R of the Sentencing Act 2002.

Schedule of unpaid fines, etc

CRNOffence dateOffenceAmount imposed
[specify][specify][specify][specify]
  • Schedule form 6CB: inserted, on 1 October 2007, by rule 5(5) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007 (SR 2007/295).

Form 6D
Order for sentence of periodic detention for non-payment of fine

[Revoked]

  • Schedule form 6D: revoked, on 30 June 2002, by rule 15 of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

Form 7
Sheriff's warrant to bailiff (writ of sale)

Rule 7, Criminal Proceedings (Enforcement of Fines) Rules 1967

From [name] Esquire, Sheriff of the District of [place] in New Zealand,

To every constable (or to [full name], constable), and to my Bailiff.

Whereas [full name], of [address, occupation] (hereinafter called the offender) was on the [date] convicted of in the High Court and was ordered to pay the sum of $[amount] and the sum of $[amount] for costs.

Now therefore by virtue of the Queen's Writ issued out of Her Majesty's High Court at [place] to me directed and delivered, I command you that you cause to be made of the personal estate of the offender in my district, except necessary tools of trade to a value not exceeding $500, and necessary household furniture and effects, including the wearing apparel of the offender and his or her family, to a value not exceeding $2,000, the sum of $[amount] and the fees and expenses of and incidental to the issue and execution of the Queen's Writ so that I may cause the said sum of $[amount] immediately after the execution to be rendered to the High Court at [place].

The said sum is made up as follows:

 $
Fine 
Costs 

Given under my hand and seal of my office this [date].

Sheriff:


The fees and expenses of and incidental to the issue and execution of the Writ as follows:

  
  
  • Schedule form 7: amended, on 30 June 2002, by rule 14(a) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 7: amended, on 30 June 2002, by rule 14(b) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

  • Schedule form 7: amended, on 30 June 2002, by rule 14(c) of the Criminal Proceedings (Enforcement of Fines) Amendment Rules 2002 (SR 2002/181).

P J Brooks,
Clerk of the Executive Council.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 13 July 1967.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Criminal Proceedings (Enforcement of Fines) Rules 1967. The reprint incorporates all the amendments to the rules as at 13 February 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)