Summary Proceedings Amendment Act 2011

1: Title
This Act is the Summary Proceedings Amendment Act 2011.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: section 3
b: section 17
c: section 27 section 88B
d: section 31 section 92I
e: section 45
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
3: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (2)) on that expiry. Section 2(2) brought into force 13 February 2012 Summary Proceedings Amendment Act 2011 Commencement Order 2011 Section 2(2) brought into force 1 August 2012 Summary Proceedings Amendment Act 2011 Commencement Order 2012
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957 2011-07-23 Summary Proceedings Act 1957 s 2(1)— sections 3, 17, 45, and s 27 (but only to the extent that it relates to section 88B of the Summary Proceedings Act 1957), and s 31 (but only to the extent that it relates to section 92I of the Summary Proceedings Act 1957). OIC SR 2011/394 2012-02-13 Summary Proceedings Act 1957 The following provisions of the Summary Proceedings Amendment Act 2011 come into force on 13 February 2012: (a) sections 4, 6, 10 to 16, and 18 to 26: (b) section 27 (but only to the extent that it relates to section 88A of the Summary Proceedings Act 1957): (c) sections 28 to 30: (d) section 31 (except as it relates to section 92I of the Summary Proceedings Act 1957): (e) sections 32 to 40: (f) section 41(2): (g) sections 42 to 44: (h) sections 46 and 47: (i) Schedules 1, 2, and 3. OIC SR 2012/133 2012-08-01 Summary Proceedings Act 1957 Sections 5, 7 to 9, and 41(1).
4: Interpretation
Section 2(1) Police employee .
5: Summary procedure for infringement offences
1: Section 21(3A) the defendant to pay the infringement fee the infringement fee to be paid
2: Section 21(3C)(a) the defendant to pay the infringement fee the infringement fee to be paid
3: Section 21
5: If,—
a: under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is alleged to have been committed; and
b: those particulars are verified under subsection (4B),— then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.
5A: If,—
a: under subsection (3D), particulars of a reminder notice are provided before the close of the date that is 12 months after the date on which the infringement offence is alleged to have been committed; and
b: those particulars are verified under subsection (4B),— then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.
6: New section 23A inserted
The following section is inserted above section 24
23A: Service of documents: sections 24 to 29 not to apply to Part 3
Sections 24 to 29 do not apply to any summons or other document required to be served under Part 3; sections 79A to 79D
7: Mode of service of documents on defendant
Section 24(1)
d: in the case of a notice relating to an infringement offence or a minor offence as defined in section 20A(12), by being sent by letter by ordinary post addressed to the defendant at the defendant's last known place of residence or business; or
e: in the case of a notice relating to an infringement offence required to be served on a defendant who does not have a known place of residence in New Zealand but has a known electronic address, by being sent to the defendant at that address in electronic form: .
8: Power to correct irregularities in proceedings for infringement offences
1: Section 78B(1)(a) , whether on the basis of a statutory declaration or evidence given before the Judge, on the basis of information provided with the application
2: Section 78B(1)(a)
ii: the defendant (not being a defendant who, under section 78C(1) or (3)
iia: the defendant did not in fact receive a copy of the notice of hearing required to have been served on the defendant under section 21; or .
3: Section 78B(1)(a)
viii: the defendant paid the infringement fee to the informant at the address specified in the infringement notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence to which the notice relates; or .
4: Section 78B
1A: No more than 1 application, made in reliance on the ground stated in subsection (1)(a)(ii)
1B: An application under subsection (1) may be made—
a: in writing in a form approved under section 209A
b: electronically in a manner approved by the chief executive of the Ministry of Justice.
1C: An application under subsection (1) may be—
a: made to any Court; and
b: considered in another Court besides the one to which it is made.
5: Section 78B(2)(c) if both parties agree, immediately
6: Section 78B
4: A Registrar may not exercise the power conferred by subsection (2)(d) except where the application is made under subsection (1)(a)(viii)
4A: A Judge or Registrar must deal with an application under subsection (1) on the papers unless the Judge or Registrar considers that a hearing is necessary.
4B: While an application under subsection (1) is pending,—
a: no warrant, order, or notice may be issued or take effect to enforce the order to which that application relates; and
b: the Registrar must take appropriate steps to ensure that the order is not acted on.
4C: Despite subsection (4B), if, before an application under subsection (1) is made, any property has been seized under a warrant to seize property to enforce the order to which that application relates,—
a: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3)
b: if the seized property has been sold but the proceeds of sale have not been applied in accordance with section 100N or 100R
4D: If the order to which the application relates continues in effect after the application is determined or is discontinued, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
4E: If, on the determination of the application, the order is set aside or ceases to have effect in accordance with subsection (5), the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (4C)(a); or
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (4C)(b); and
b: is not liable for any fees and costs payable under an enactment in respect of the property.
4F: In any case where a Judge or Registrar gives a direction authorising the service of a reminder notice or a copy of a reminder notice under subsection (2)(a) or (b) (a new reminder notice
a: section 21(3)(b), (3D)(b), and (10)(a), if applicable to the case, apply as if the reference to the date of service of the reminder notice were a reference to the date of the direction by the Judge or Registrar; and
b: section 21(3B), (5)(a), (5A)(a)
4G: If, under subsection (2)(b), a Judge or Registrar authorises the informant to serve on the defendant a new reminder notice, the defendant may not give notice requesting a hearing in respect of the infringement offence to which the notice relates if the Registrar is satisfied that the notice was filed following the defendant's default in paying 1 or more instalments under an arrangement entered into under section 21(3A) or (3C)(a).
4H: If, under subsection (2)(d), an order is set aside following an application made by the informant under subsection (1)(b), the setting aside is not a bar to any other proceedings in the same matter.
9: New section 78C inserted
The following section is inserted after section 78B
78C: Certain defendants ineligible to rely on non-receipt of reminder notice
1: A defendant is not eligible to rely, under section 78B(1)(a)(ii)
2: However, even though a defendant has been personally served with an infringement notice relating to an infringement offence, subsection (1)
a: has entered into an arrangement, under section 21(3A) or (3C)(a), in respect of that infringement offence; and
b: following a default in the payment of 1 or more instalments under that arrangement, has been served by ordinary post with a reminder notice in respect of that infringement offence.
3: In the case of an infringement notice issued for an owner liability offence, the defendant is not eligible to rely on the ground stated in section 78B(1)(a)(ii)
4: The Registrar must be satisfied of the matters referred to in subsection (3)
5: In this section, owner liability offence
10: New sections 79 to 79D and heading substituted
Section 79
79: Interpretation
1: In this Part, unless the context otherwise requires,— amount of reparation reparation
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 an order of reparation chief executive default balance employer fine
a: includes any amount of money, or any part of an amount of money, that a person is obliged to pay under a sentence or an order imposed by a court, whether that amount is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
b: includes any offender levy and any prescribed costs, expenses, or fees payable in respect of the enforcement of an obligation to pay any amount of money, or any part of an amount of money, described in paragraph (a)
c: does not include any amount of money ordered to be paid in a civil proceeding hire purchase agreement
a: an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:
b: an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid imposed impoundment costs interest lease negotiable instrument offender levy order of reparation
a: an order made under section 106, 108, or 110 of the Sentencing Act 2002; 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 this Part overdue
a: that the fine has, in breach of the provisions of an enactment or the terms of a sentence, an order, or a direction, not been paid in full within the time provided or fixed by the enactment, sentence, order, or direction; and
b: that the defendant's obligation to pay the fine has not been resolved person who is registered property resolved
a: the fine is being reduced, or is to be reduced,—
i: by an arrangement under any of sections 81, 86, and 86C
ii: by a deduction notice issued under section 83(1B)(b) 87(2)(c) 87B(1A) 88AE(1)(a)
iii: by an attachment order issued under section 87(2)(b) or 88AE(1)(a)
iv: in accordance with a direction given under section 88AE(1)(h)
b: the defendant is currently subject to a substituted sentence in respect of that fine; or
c: the fine may not be further enforced because of a direction given under section 88AE(1)(i)
d: the order to pay the fine is set aside under section 78B(2)(d) or the fine otherwise ceases to be payable as a result of an appeal salary or wages
a: a retiring allowance or pension or other payment of a similar nature:
b: all payments of weekly compensation made by the Accident Compensation Corporation under the Accident Compensation Act 2001:
c: a bonus or an incentive payment:
d: a payment of commission:
e: a payment in consideration of work performed under a contract for services:
f: a benefit secured party security agreement security interest substituted sentence 88AE(1)(b) section 88AE(1)(c) to (e) traffic fine traffic offence
a: any offence against the Transport Act 1962, the Road User Charges Act 2012
b: any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations use written caution section 93
2: For the purposes of this section and sections 93 to 100T substitute for the defendant substitute
a: the person is served with a written caution, under section 93
b: within 4 years after the date of service of that written caution, the defendant—
i: commits a further traffic offence while using a motor vehicle that, at the time of the commission of that further offence, the person owned or had an interest in; and
ii: has a traffic fine imposed on him or her for that further traffic offence; and
iii: defaults, and continues to be in default, on the fine described in subparagraph (ii).
3: For the purposes of sections 93 to 100T
4: For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
5: A reference in sections 93 to 100T
a: is not to acquire any rights, or only limited rights, in the motor vehicle; and
b: will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant. Service under this Part
79A: Service of documents under this Part
1: If a person is required to serve a document under this Part, the requirement may be met in any of the following ways:
a: by an authorised process server—
i: delivering the document to the recipient or bringing it to the recipient's notice if the recipient refuses to accept it; or
ii: in the case of a written caution,—
A: leaving the document for the recipient at the recipient's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years; or
B: leaving the document for the recipient at the recipient's place of business or place of work with another person (other than the defendant); or
iii: in any other case,—
A: leaving the document for the recipient at the recipient's place of residence with another person who appears to be of or over the age of 14 years; or
B: leaving the document for the recipient at the recipient's place of business or place of work with another person:
b: by sending the document to the recipient by prepaid post addressed to the recipient's last known place of residence or business:
c: if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:
d: if authorised by regulations made under section 212, by the Registrar or the chief executive conveying, in accordance with those regulations, the contents of the document to the recipient orally (including by telephone).
2: However, a District Court Judge or Justice or Community Magistrate or the Registrar may, if he or she thinks fit, direct that a document must be served in accordance with subsection (1)(a)(i)
3: For recipients to whom section 79B subsection (1)
4: Despite subsection (1) section 93 paragraph (a) section 79B(2)(b) or (4)
5: In this section and in section 79B authorised process server
a: a constable; or
b: a Police employee authorised by the Commissioner of Police to serve documents under this Part; or
c: an officer of the Court; or
d: a person or a member of a class of persons authorised by a District Court Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or
e: an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part officer recipient serve
a: includes giving the document to a person; but
b: does not include filing the document in a Court under rules of court or otherwise.
79B: Service provisions modified in special cases
1: If a document is served in accordance with this section, it is, for the purposes of section 79A
2: If the recipient is a body corporate or a Crown organisation, a document may be served—
a: if it may be sent under section 79A(1)(b) or (c)
b: by an authorised process server delivering the document to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or bringing it to the officer's notice or the employee's notice if that person refuses to accept it.
3: If a solicitor has signed a memorandum stating that the solicitor is authorised to accept service of a document on behalf of the recipient, the document may be served on the solicitor in any way authorised by section 79A
4: In addition to the ways of service authorised by section 79A
a: in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:
b: in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:
c: in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison.
79C: Manner of notification not requiring particular document
1: If a provision in this Part requires or contemplates that an official notify a person about a matter, without requiring that the person receive a particular document, the official may notify the person face to face or by telephone, or by prepaid post, fax, email, text, or other electronic means.
2: In this section, official
a: a Registrar; or
b: a bailiff; or
c: any other officer of the Court; or
d: the chief executive; or
e: a person authorised by the chief executive.
79D: Proof of service or notification
1: The service of any document or the notification of a matter may be proved—
a: by affidavit or oral evidence made or given by the person who served the document or made the notification, stating the fact, date, time, and mode of service or notification; or
b: by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service or notification; or
c: in any manner prescribed by regulations.
2: An endorsement under subsection (1)(b)
3: Every person who wilfully endorses any false statement of the fact, date, time, or mode of service on a copy of any document or on a computer printout commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.
4: If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.
5: If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system outside the control of its originator, and in proving service it is sufficient to prove that the document concerned was properly addressed and sent.
6: In this section, information system Section 10 amended 1 August 2012 section 94 Road User Charges Act 2012
11: Further amendments to principal Act relating to service
The principal Act is amended in the manner indicated in Schedule 1
12: Fines generally payable within 28 days
Section 80 or the Sentencing Act 2002 this Act
13: New section 81 substituted
Section 81
81: Time to pay or payment by instalments
1: If a fine is payable, the Court may—
a: make an order doing either or both of the following:
i: allowing a greater time than 28 days for payment:
ii: allowing payment to be made by instalments; or
b: direct the Registrar to determine whether to enter into an arrangement with the defendant allowing greater time to pay or to pay by instalments, or both, under section 86
2: If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)(a) section 86
a: must include payment of—
i: the reparation:
ii: the levy; and
b: must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E
3: The Court may take into account information received from any source about the defendant's financial capacity before making an order under subsection (1)(a)
4: If the Court makes an order under subsection (1)(a)
14: New section 82 substituted
Section 82
82: Financial capacity of defendant
1: If a Court, on the determination of a complaint, proposes to order that the defendant pay a fine, the Court must take into account the defendant's financial capacity, and sections 41 to 43 of the Sentencing Act 2002 apply with any necessary modifications.
2: If a Court is considering making an order under section 81(1)(a) or 83(1) section 81(1)(b) section 36(1)(c)
15: Order for immediate payment of fine
1: Section 83
1: If a fine is payable, the Court may order the defendant to pay the fine immediately if,—
a: in the case of a fine that consists of or includes an amount of reparation, the Court is satisfied that the defendant has sufficient means to pay the fine immediately; or
b: in any other case, the Court is satisfied that the defendant has sufficient means to pay the fine immediately and either—
i: the defendant has no fixed place of residence; or
ii: the Court is satisfied that, because of the gravity of the offence, the character of the defendant, or other special circumstances, the fine should be paid immediately.
1A: If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)
a: must require payment of the following at the same time as any other amount payable under the order:
i: the reparation:
ii: the levy; and
b: must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E
1B: If any order of a Registrar to pay an amount of reparation immediately is not complied with, the Registrar may—
a: issue a warrant to seize property in a form approved under section 209A
b: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant; or
c: refer the matter to a District Court Judge for the Judge to consider whether a warrant of commitment should be issued under subsection (2)(b) (which applies with any necessary modifications).
2: Section 83(2) under subsection (1) of this section to pay a fine immediately
3: Section 83(2)(a) the prescribed form a form approved under section 209A
4: Section 83
2A: Subsection (2)(a) and (b) do not apply if the only amount payable under the order is an offender levy.
16: New section 84 substituted
Section 84
84: Notice of fine
1: Where, on the determination of an information or a complaint, the defendant is ordered to pay or becomes liable to pay a fine, the Registrar must promptly give the defendant a notice of the fine.
2: Every notice given under subsection (1)
a: state the amount of the fine:
b: state the date on or before which payment of the fine is to be made:
c: state the times and places at which payment of the fine may be made:
d: inform the defendant of the defendant's rights of appeal:
e: inform the defendant that a Registrar or bailiff may enter into an arrangement with the defendant for an extension of time to pay, whether by instalments or otherwise:
f: inform the defendant that if the fine is not paid within 28 days after the day on which it was imposed, and no order has been made under section 81(1)(a) section 86 or 86C
i: a warrant to seize property:
ii: an attachment order:
iii: a deduction notice:
iv: a driver licence stop order:
g: notify the defendant that, instead of taking the kinds of enforcement action described in paragraph (f)
h: notify the defendant that any default balance of the defendant will be disclosed to recognised users (within the meaning of section 92A
3: Failure to comply with this section does not of itself invalidate any subsequent proceeding.
4: Despite the requirements of this section, it is the responsibility of the defendant to take all necessary steps to find out the decision of the Court, the defendant's obligations under that decision, and the defendant's rights in relation to that decision.
5: It is not necessary to comply with the requirements of this section in any case where, before the notice is given,—
a: a fine is paid in full; or
b: an order is made under section 81(1)(a)
c: an arrangement is entered into under section 86 or 86C
17: Section 85 repealed
Section 85
18: New sections 86 to 86H substituted
Sections 86 86A 86B
86: Registrar may arrange extension of time to pay
1: If a fine is payable and is not subject to an order for immediate payment, the Registrar may enter into an arrangement with a defendant or with a representative of the defendant to allow for either or both of the following:
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: Before the Registrar enters into an arrangement under subsection (1)
4: In any case where any information described in subsection (3)
5: In this section and in sections 86A, 86C, and 86D representative
a: a person who—
i: enters into the arrangement concerned with the defendant's written or oral consent; and
ii: appears to the Registrar to have the defendant's consent to do so; or
b: a person who is authorised to enter into the arrangement concerned by operation of law.
86A: Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
1: A Registrar may determine that an arrangement extending the time to pay a fine, or an attachment order, be varied, suspended, or cancelled if the Registrar has reason to believe that—
a: the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
b: the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into; or
c: the defendant has, in connection with the making of the attachment order, supplied false or misleading information about the financial position of the defendant; or
d: the financial position of the defendant has changed significantly since the date on which the attachment order was made.
2: A Registrar may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees to the determination proposed by the Registrar; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the defendant; or
ii: the Registrar contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
3: If, in a case where there is an arrangement extending the time to pay a fine with a representative of the defendant, a further fine that is not subject to the arrangement is imposed on the defendant, the Registrar may determine that the arrangement—
a: be varied, suspended, or cancelled if the representative agrees to the determination proposed by the Registrar:
b: be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the representative; or
ii: the Registrar contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
4: A Registrar may determine that an attachment order be varied, suspended, or cancelled if—
a: another fine that is not subject to the attachment order is imposed on the defendant; and
b: the defendant defaults in the payment of the subsequent fine.
5: If subsection (1)(a) or (b), (2)(b)(ii), or (3)(b)(ii)
a: notify the defendant or, as the case requires, the defendant's representative—
i: of the proposed determination and the reasons for the proposed determination; and
ii: that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or written submission to the Registrar, why the proposed determination should not be made; and
iii: that, if it is intended to make an oral submission, that intention must be advised to the Registrar within 10 days after the date of the notification and that any such submission must be made at a time specified by the Registrar; and
iv: that any written submission must be received by the Registrar within 10 days after the date of the notification; and
b: consider any—
i: oral submission made in accordance with paragraph (a)(iii)
ii: written submissions received within the 10-day period referred to in paragraph (a)(iv)
6: Any written submissions that may be made under subsection (5)
7: In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.
8: A determination under this section takes effect on the following dates:
a: where subsection (1)(a) or (b), (2)(b)(ii), or (3)(b)(ii)
i: if the Registrar receives neither a request to make an oral submission nor a written submission within the 10-day period referred to in subsection (5)(a)(iii) or (iv)
ii: if after hearing an oral submission in accordance with subsection (5)(a)(iii) subsection (5)(a)(iv)
b: where subsection (2)(a) or (3)(a)
c: where subsection (1)(c) or (d), (2)(b)(i), (3)(b)(i), or (4) applies, on a date specified by the Registrar.
9: In this section and sections 86C 86D arrangement extending the time to pay a fine
a: allows for either or both of the following:
i: a greater time to pay a fine:
ii: payment by instalments; and
b: is entered into by—
i: a Registrar under section 86
ii: a bailiff under section 86C
86B: Determinations affecting attachment orders
1: If an attachment order is cancelled or suspended under section 86A
2: If a variation of an attachment order takes effect under section 86A
86C: Bailiff may arrange extension of time to pay
1: If a fine is payable and is not subject to an order for immediate payment, a bailiff may enter into an arrangement extending the time to pay the fine with a defendant or with a representative of the defendant.
2: No arrangement extending the time to pay the fine may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: As soon as practicable after a bailiff enters into an arrangement extending the time to pay the fine, the bailiff must notify the Registrar of the arrangement.
4: When the Registrar is notified of the arrangement, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, of the defendant's representative, cancel the arrangement within 7 days after being notified of that arrangement.
5: In any case where any information described in subsection (4)
6: The arrangement comes into force,—
a: if the Registrar approves the arrangement before the expiry of 7 days after the day on which the Registrar is notified of the arrangement, when the Registrar gives that approval:
b: if on the expiry of 7 days after the day on which the Registrar is notified of the arrangement the Registrar has neither approved nor cancelled the arrangement, on the eighth day after the day on which the Registrar is so notified.
7: The defendant or, as the case requires, the defendant's representative—
a: may make payments under the arrangement when it comes into force in accordance with subsection (6)
b: is not prevented from making payments in respect of a fine if those payments are not part of the arrangement.
86D: Bailiff may vary, suspend, or cancel arrangement for extension of time to pay fine
1: A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if the bailiff has reason to believe that—
a: the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
b: the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into.
2: A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees to the determination proposed by the bailiff; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the bailiff is unable to contact the defendant; or
ii: the bailiff contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
3: If, in a case where a representative of a defendant is party to an arrangement extending the time to pay a fine, a further fine that is not subject to the arrangement is imposed on the defendant, the bailiff may determine that the arrangement—
a: be varied, suspended, or cancelled if the representative agrees to the determination proposed by the bailiff:
b: be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
i: the bailiff is unable to contact the representative; or
ii: the bailiff contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
4: If subsection (1), (2)(b)(ii), or (3)(b)(ii)
a: notify the defendant or, as the case requires, the representative—
i: of the proposed determination and the reasons for the proposed determination; and
ii: that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or a written submission to the bailiff, why the proposed determination should not be made; and
iii: that, if it is intended to make an oral submission, that intention must be advised to the bailiff within 10 days after the date of the notification and that any such submission must be made at a time specified by the bailiff; and
iv: that any written submission must be received by the bailiff within 10 days after the date of the notification; and
b: consider any—
i: oral submission made in accordance with paragraph (a)(iii)
ii: written submissions received within the 10-day period referred to in paragraph (a)(iv)
5: Any written submissions that may be made under subsection (4)
6: In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.
7: As soon as practicable after the bailiff makes a determination under this section, the bailiff must notify the Registrar of the determination.
8: When the Registrar is notified of the determination, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, the defendant's representative, cancel the determination within 7 days after being notified of that determination.
9: In any case where any information described in subsection (8) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
10: If the Registrar does not cancel the determination, the determination comes into force 8 days after the Registrar is notified of that determination or on the day on which the Registrar sooner approves the determination.
86E: Priority of payments received from defendant
1: Any payments received from a defendant in respect of a fine must be applied in the following order of priority:
a: in payment of any amount of reparation:
b: in payment of any offender levy:
c: in payment of any other type of fine.
2: Subsection (1)
86F: Manner in which amounts of reparation must be applied in cases involving same offence
1: This section applies if a person (the liable person
2: Any payments received from the liable person must be applied, as between the persons to whom the defendant is required to pay reparation, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them (or in equal amounts if the Court did not specify different amounts).
3: Subsection (2)
86G: 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
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)
d: whether the requirements to pay the amounts referred to in paragraphs (a) and (b)
2: For the purpose of subsection (1) subsection (1)(b) subsection (1)(a)
3: Any payments received from the liable person must, in respect of 1 or more amounts of reparation imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 86F
a: as between the persons to whom the defendant is required to pay the reparation; and
b: in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them.
4: Any payments received from the liable person must, in respect of any amounts of reparation imposed on the liable person on different days, be applied (in accordance with section 86F subsection (3)
5: After the amount of reparation referred to in subsection (4) section 86F subsection (3)
6: This section applies subject to any contrary direction by a Court.
86H: 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 sections 86E to 86G
19: New section 87 substituted
Section 87
87: Action if fine or instalment not paid or if arrangement or attachment order cancelled
1: This section applies if—
a: the defendant defaults in the payment of any fine; or
b: the defendant defaults in the payment of any instalment in respect of a fine that may be paid by instalments; or
c: a Registrar cancels an arrangement extending the time to pay a fine, or an attachment order, in accordance with section 86A
d: an arrangement extending the time to pay a fine is cancelled in accordance with section 86D
2: The Registrar may—
a: issue a warrant to seize property; or
b: make an attachment order attaching any salary or wages payable or to become payable to the defendant; or
c: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
3: Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.
4: If a default is made in the payment of any instalment in respect of a fine that may be paid by instalments, proceedings may be taken as if default had been made in the payment of all instalments that remain unpaid.
5: Subsection (2)(a)
6: The powers conferred by this section may not be exercised by a Registrar who is a constable.
20: Power to obtain information in respect of beneficiaries
1: Section 87AA(1)(a)(i) section 87(1)(b) section 87(2)(b)
2: Section 87AA(1)(a)
ia: considering whether an arrangement extending the time to pay a fine or an attachment order is to be varied, suspended, or cancelled under section 86A or 86D .
3: Section 87AA(1)(a)(ii) section 105(3) section 105(7)
4: Section 87AA(1) , by notice in writing,
5: Section 87AA(2)(e) residential telephone number all telephone numbers
6: Section 87AA(2)(g) any benefit that is paid to the defendant the defendant in his or her capacity as a beneficiary
7: Section 87AA(3)
a: by omitting any request a requirement
b: by omitting notice requirement
8: Section 87AA
3AA: A requirement under subsection (1) may be made by post or by fax, email, or other electronic means.
9: Section 87AA(3A) on receipt of a notice under subsection (1) on receipt of a requirement under subsection (1)
21: Publication of name of fines defaulter
Section 87A(1)(d) section 81 or section 86 or section 86A section 81(1)(a) 86C
22: Deduction of fines
Section 87B
1: This section applies if—
a: a fine is payable by a defendant; and
b: the defendant is, by virtue of an order made under section 81(1)(a) or 83(1) section 86 or 86C section 88AE(1)(h)
i: ordered to pay the fine immediately; or
ii: allowed a greater time for payment; or
iii: allowed to pay by instalments; and
c: the defendant either—
i: fails to comply with the order, arrangement, direction, or condition; or
ii: refuses, without reasonable excuse, to enter into an arrangement.
1A: The Registrar may issue a deduction notice requiring a bank to deduct the amount due from a sum that is payable or becomes payable to the defendant, until the deduction notice is revoked in accordance with section 87C or discharged under section 87H.
23: Offences in relation to deduction notices
Section 87G(b) to the Registrar in accordance with section 208
24: Penalty for late deductions
1: Section 87I(1) pay to the Registrar pay in accordance with section 208
2: Section 87I(5) to the Registrar
25: New sections 88 to 88AG substituted
Section 88
88: Actions if fine remains unpaid
1: This section applies if—
a: the Registrar has taken enforcement action under section 87(2)
b: the Registrar is satisfied that the defendant does not have the means to pay the fine; or
c: the Registrar is satisfied that—
i: reasonable steps have been taken to locate the defendant, but the defendant has not been located and therefore enforcement action would be unlikely to be effective; or
ii: for any other reason enforcement action would be unlikely to be effective.
2: The Registrar may—
a: order that the defendant be brought before the Registrar; or
b: refer the matter to a District Court Judge or Community Magistrate with a report on the circumstances of the case.
3: If the Registrar refers a matter to a District Court Judge or Community Magistrate, the Registrar may order that the defendant be brought before the Judge or Community Magistrate.
4: For the purposes of subsection (2)(a) or (3)
5: Despite subsection (1)
88AA: Form and execution of warrant for arrest
1: A warrant for arrest issued under section 88(4)
2: In addition to subsection (1)
a: information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant for the arrest of the defendant:
b: the warrant is valid for a period of 7 days beginning on the date of its printing, and the warrant then lapses:
c: at any time and from time to time after a warrant lapses under paragraph (b)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
ii: a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant for the arrest of the defendant.
3: A constable or bailiff may execute a warrant for arrest issued under section 88(4)
4: This section does not limit any other provision of this Act.
88AB: Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(2)(a)
If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(2)(a)
a: the defendant must be brought before the Registrar:
b: the defendant is bailable as of right:
c: section 46 of this Act and Part 3 of the Bail Act 2000 apply with any necessary modifications as if the appearance before the Registrar constituted part of the hearing of a charge:
d: for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a Police employee under section 21(1) of that Act.
88AC: Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(3)
If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(3)
a: the defendant must be brought before a District Court Judge or Community Magistrate or, if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
b: if the defendant is brought before the Registrar, the Registrar must appoint a time and place for the defendant to appear before a District Court Judge or Community Magistrate:
c: the defendant is bailable as of right:
d: section 46 of this Act and Part 3 of the Bail Act 2000 apply with any necessary modifications as if the appearance before the Registrar or a District Court Judge or Community Magistrate constituted part of the hearing of a charge:
e: if the defendant cannot practicably be brought immediately before a District Court Judge or Community Magistrate or the Registrar, then a Police employee or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a Police employee under section 21(1) of that Act.
88AD: Powers of Registrar in relation to defendant brought before Registrar
1: If a defendant is brought before a Registrar under section 88(2)(a)
2: The Registrar may also—
a: invoke 1 or more of the enforcement actions in section 87(2)
b: enter into an arrangement with the defendant under section 86
c: if the Registrar is satisfied that neither of the actions described in paragraphs (a) and (b) sections 88(3) and (4), 88AA, and 88AC
88AE: Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88AD
1: After considering the report of the Registrar prepared under section 88AD
a: refer the matter to the Registrar with a direction that 1 or more of the enforcement actions referred to in section 87(2)
b: subject to section 106E
c: subject to sections 80A to 80ZM of the Sentencing Act 2002 and section 106E
d: subject to sections 69B to 80 of the Sentencing Act 2002 and section 106E
e: subject to sections 55 to 80 of the Sentencing Act 2002 and section 106E
f: direct that action be taken for a lesser amount than the fine due; or
g: if the amount that the defendant owes for 1 unpaid fine, or in total for more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken to enforce 1 or all of the fines making up the total owing by the defendant as if the fine or fines were an order for the payment of money and as if the Registrar had obtained the order; or
h: direct that a greater time for payment of the fine be allowed, subject to any conditions that the Judge or Community Magistrate may direct; or
i: direct that no further enforcement proceedings be taken for the fine for any period or subject to any conditions that the Judge or Community Magistrate may direct; or
j: remit the fine or a part of the fine.
2: A Community Magistrate may not—
a: direct the issue of a warrant of commitment under subsection (1)(b)
b: sentence a defendant to a sentence of home detention under subsection (1)(c)
3: If a Community Magistrate considers that the issue of a warrant of commitment or a sentence of home detention is appropriate in any case, the Community Magistrate must refer the matter to a District Court Judge (in which case sections 45 to 59, to the extent that they are applicable and with the necessary modifications, apply).
4: Despite subsection (1)
a: the fine was imposed for a traffic offence (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) not punishable by imprisonment; and
b: at the date of the commission of the offence, the defendant was a young person within the meaning of that Act.
5: If a District Court Judge or Community Magistrate exercises any power conferred by subsection (1) section 88AG
6: The remission of the whole or any part of an amount of reparation does not affect the right of the person who suffered the harm, loss, or damage to bring civil proceedings, or make claims under any accident compensation legislation applicable at the time of the offending, to recover the amount so remitted.
88AF: Further provisions relating to powers of District Court Judge or Community Magistrate in section 88AE
1: A warrant of commitment or a sentence of community work, community detention, or home detention may be issued or imposed under section 88AE(1)
2: Any warrant of commitment directed to be issued under section 88AE(1)(b)
3: If any direction is given under section 88AE(1)(f)
4: If a District Court Judge or Community Magistrate makes any order (other than a direction for the issue of a warrant of commitment) under section 88AE
88AG: Power of District Court Judge or Community Magistrate to order return of defendant
1: If a District Court Judge or Community Magistrate makes any order (other than an order that directs the issue of a warrant of commitment) under section 88AE section 88AE
2: A constable or bailiff may execute an order for the return of the defendant issued under subsection (1)
3: If a fine is being paid by attachment order, no order issued under subsection (1)
4: If a defendant is detained in accordance with an order issued under subsection (1) section 88AC
26: Consequential and related amendments arising from substitution of new sections 88 to 88AG in principal Act
The enactments specified in Schedule 2 OIC 2011/394 2012-02-13 Accident Compensation Act 2001 Legal Services Act 2011 Policing Act 2008
27: New sections 88A and 88B substituted
Sections 88A 88B
88A: Civil enforcement of fines
1: If, under section 88AE(1)(g)
2: The order deemed to have been made under subsection (1)
3: The Registrar may take steps, under section 66 of the District Courts Act 1947, to have the order deemed to have been made under subsection (1)
4: Action to enforce the order deemed to have been made under subsection (1)
a: under the District Courts Act 1947 and the District Courts Rules 2009 unless that order is removed into the High Court; or
b: under the High Court Rules if that order is removed into the High Court.
88B: Remission of fine
1: The Registrar may make an order remitting an amount of reparation if—
a: the amount outstanding is $25 or less; and
b: the amount of reparation was imposed at least 3 years before the date on which the Registrar makes the order remitting it; and
c: the Registrar has—
i: obtained the consent of the person who suffered the harm, loss, or damage; or
ii: made reasonable efforts to find the person who suffered the harm, loss, or damage to obtain his or her consent, and has not been able to find that person and obtain his or her consent.
2: The Registrar may make an order remitting any fine that does not include reparation if—
a: the amount outstanding is not greater than $50 or any other amount prescribed by regulations made under section 212; and
b: the fine was imposed at least 1 year before the date on which the Registrar makes the order remitting the fine.
3: The Registrar may at any time make an order remitting any fine other than reparation if the Registrar is satisfied that the defendant is a deceased individual or a body corporate or an unincorporated body that has been wound up.
4: For the purposes of subsections (1) to (3)
5: The Registrar may at any time make an order remitting any amount of court costs and costs associated with the enforcement of a fine, including court costs and costs associated with the enforcement of reparation or any offender levy.
6: The Registrar may at any time make an order remitting any fine that is lower than the lowest amount expressed on any coin that is legal tender in New Zealand.
28: Scale of imprisonment for non-payment of fine
Section 90(a) by imprisonment by a period of imprisonment of more than 3 months
29: New section 91 substituted
Section 91
91: Defendant on substituted sentence to be discharged on payment of fine
1: On the payment of a fine for which a defendant is imprisoned on a warrant of commitment for non-payment of the fine, the Registrar must immediately notify the prison manager of the payment, and the manager must discharge the defendant from the prison unless the defendant is also in custody for some other reason.
2: On the payment of a fine for which a defendant is subject to a sentence of community work, community detention, or home detention for non-payment of the fine, the Registrar must immediately notify the probation officer supervising the sentence of the payment, and the probation officer must direct that the defendant be no longer subject to that sentence unless the defendant is also subject to a sentence of community work, community detention, or home detention (as the case may be) for some other reason.
3: If a defendant who is subject to a period of imprisonment or any sentence referred to in subsection (2)
a: calculate the amount of the part payment as a proportion of the total amount for which the period of imprisonment or sentence was imposed; and
b: reduce the period of imprisonment or the sentence by the number of hours or days (whichever applies) that, as nearly as possible, bears the same proportion as the proportion referred to in paragraph (a)
c: notify the prison manager or the probation officer supervising the sentence of the payment and the reduction in the defendant's period of imprisonment or sentence.
4: On completion of a term of imprisonment or any sentence referred to in subsection (2)
30: Effect of warrant of commitment
Section 92 , or section 28I section 19 section 90
31: New heading and sections 92A to 92I inserted
The following heading and sections are inserted after section 92 Disclosure of default balances to certain authorised persons
92A: Interpretation
1: In this section and in sections 92B to 92I access code agency credit reporter credit reporting code of practice fine status query fine status response fines enforcement records identifying particulars
a: in the case of an individual, the individual's—
i: full name; and
ii: former names and aliases (if any); and
iii: sex; and
iv: date of birth; and
v: current address; and
vi: previous addresses (if applicable), but not more than 2; and
vii: occupation (if applicable); and
viii: employer (if any) identified by name; and
ix: driver licence number (if any) as defined in the credit reporting code of practice; and
x: driver licence card number (if any) as defined in the credit reporting code of practice; and
b: in the case of a person that is not an individual, the person's—
i: full name; and
ii: current address; and
iii: previous addresses (if applicable), but not more than 2; and
iv: trading name (if applicable) query subject section 92D recognised user
a: is a credit reporter; or
b: is a member of a class of persons specified by regulations made under section 92I
c: the Minister for Courts has, in accordance with criteria prescribed by regulations made under section 92I subscriber
2: Subparagraphs (ix) and (x) identifying particulars subsection (1)
92B: Purpose of disclosure and use of information
1: The purpose of sections 92C to 92I
2: In order to achieve that purpose, sections 92C to 92I
a: authorise the chief executive to disclose fine status responses to recognised users to enable—
i: credit reporters to report that information to subscribers; and
ii: recognised users other than credit reporters to assess the creditworthiness of query subjects and to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
b: authorise credit reporters to disclose fine status responses—
i: to subscribers to enable them to assess the creditworthiness of query subjects; and
ii: in particular, to those subscribers who are credit providers to enable them to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
c: authorise the chief executive to use identifying particulars received from recognised users to enhance the accuracy and completeness of the fines enforcement records:
d: require the chief executive to monitor the compliance of recognised users and to audit their records for that compliance.
92C: Access codes
1: If satisfied that an agency is a recognised user, the chief executive may issue to the agency an access code.
2: The access code may be issued subject to any conditions or restrictions that the chief executive considers appropriate.
3: If satisfied that a recognised user has breached any provision of this Act or regulations made under section 92I subsection (2) section 92I
4: If the chief executive is satisfied that the access code of a recognised user should not have been cancelled or that any breach on the part of any recognised user whose access code has been cancelled is unlikely to recur, the chief executive may issue to that recognised user another access code.
92D: Recognised user may submit fine status query
1: A fine status query must—
a: be sent in a manner approved by the chief executive; and
b: identify the recognised user; and
c: set out the identifying particulars of the query subject; and
d: provide an assurance that—
i: the query subject has consented to the submission of a fine status query that includes the identifying particulars of the query subject, and to the disclosure of any resulting fine status response to the recognised user and, if the recognised user is a credit reporter, also to any subscriber on whose behalf the fine status response is sought; and
ii: if the fine status query is sent by a credit reporter, the credit reporter is acting on a request by a subscriber.
2: A recognised user who sends a fine status query must keep, for the period specified by regulations made under section 92I
92E: Fine status response by chief executive
1: When the chief executive receives a fine status query, the chief executive must, where practicable, perform, or have an electronic system perform, the following operations:
a: check if the fine status query has been submitted by a recognised user:
b: if the identity of the recognised user is confirmed, compare the identifying particulars of the query subject with identifying particulars recorded in the fines enforcement records:
c: if the identifying particulars of the query subject in the fine status query are, according to prescribed criteria, shown to correspond with those of a defendant recorded in the fines enforcement records as having a default balance, the chief executive must send the recognised user a fine status response stating that, as at the date of the response, the query subject has a default balance and the amount of that balance:
d: in any case to which paragraph (c)
2: If compliance with subsection (1)
92F: Disclosure and use of fine status response restricted
1: A recognised user may not disclose the information contained in a fine status response unless the decision is made—
a: for the purpose of making the information available, in accordance with the Privacy Act 1993, to the query subject to whom the information relates; or
b: for the purposes of an audit conducted under section 92H section 100K
c: in accordance with subsection (2)
2: A credit reporter may only disclose the information contained in a fine status response to the subscriber who requested the information, and only if the disclosure is made not later than 24 hours after receipt, under section 92E
3: A person who contravenes this section or who discloses or uses information in contravention of any regulations made under section 92I
92G: Query subject to be notified of proposed combination of information
1: This section applies where—
a: the identifying particulars submitted in a fine status query about a query subject diverge in 1 or more respects (the diverging particulars
b: the chief executive nevertheless has reason to believe that the identifying particulars are those of that defendant; and
c: the chief executive proposes to combine the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant.
2: Before the chief executive combines the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant, the chief executive must first comply with section 103 of the Privacy Act 1993 as if the diverging particulars were a discrepancy and the proposed combination were an adverse action taken against the query subject.
3: If, following the chief executive's compliance with section 103 of the Privacy Act 1993, any information in the fine status response sent to a recognised user about a query subject is shown to be incorrect, the chief executive must notify the recognised user of the corrected information.
4: If the recognised user is a credit reporter who has disclosed the information contained in the fine status response to a subscriber, the credit reporter must promptly advise the subscriber of the corrected information.
5: For the purposes of section 100K
92H: Monitoring and audits by chief executive
1: The chief executive must—
a: monitor the compliance of recognised users with sections 92D and 92F section 92I
b: in accordance with regulations made under section 92I
2: In performing the chief executive's functions under subsection (1)
3: The chief executive must—
a: monitor his or her compliance with sections 92C to 92G section 92I
b: report to the Privacy Commissioner, at agreed intervals, on that compliance.
92I: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister for Courts, make regulations for all or any of the following purposes:
a: prescribing the criteria to be applied by the Minister for Courts in authorising agencies as recognised users:
b: specifying classes of persons for the purposes of the definition of recognised user in section 92A
c: prescribing the procedure, requirements, or other matters in relation to the cancellation of access codes, including the circumstances when access codes may be suspended immediately pending their proposed cancellation and when prior notice about the proposed cancellation and the opportunity for submissions in that respect are required to be given to the recognised user concerned:
d: providing for the manner in which fine status responses are disclosed to recognised users:
e: providing for the manner in which identifying particulars received from recognised users are processed:
f: requiring recognised users to take all reasonable steps to ensure that a query subject's driver licence number (if any) or driver licence card number (if any), or both, are obtained from the query subject by or on behalf of the recognised user each time a fine status query is submitted:
g: prescribing criteria for assessing whether the identifying particulars of a query subject in a fine status query correspond with those of a person shown in the fines enforcement records as having a default balance:
h: prescribing criteria by which divergences in particulars are to be regarded, or are not to be regarded, as diverging particulars for the purposes of section 92G
i: prescribing restrictions on the disclosure and use, by recognised users and subscribers, of the information contained in fine status responses, including, without limitation, restrictions on combining that information with other information:
j: prescribing the manner in which the information contained in a fine status response may be disclosed by a recognised user who is a credit reporter to the subscriber who requested the information:
k: prescribing the period for which fine status responses may be retained or used by recognised users and subscribers, and requiring the destruction of those responses on the expiry of specified periods:
l: providing for the manner and timing of audits conducted under section 92H
m: prescribing, for audit purposes, the kinds of records that recognised users must keep in respect of fine status queries and fine status responses, and the manner in which, and the duration for which, those records must be kept:
n: providing for a person's status as a recognised user to be terminated by the Minister for Courts in specified circumstances, even though that person comes within the definition of that term in section 92A
o: prescribing the fees that are payable in respect of access codes allocated by the chief executive, fine status queries, or fine status responses.
2: Before the Minister for Courts recommends the making of regulations under subsection (1)
a: consult the Privacy Commissioner; and
b: be satisfied that the proposed regulations are consistent with the purpose stated in section 92B(1) section 92B(2)
3: Subsection (1)(f) does not apply unless the definition of credit information in the credit reporting code of practice includes driver licence numbers and driver licence card numbers.
4: This section does not limit section 212.
32: New headings and sections 93 to 100T substituted
Sections 93 to 100Y Written cautions in case of certain traffic fines
93: Written caution to person holding interest in motor vehicle
1: If a defendant defaults in paying any traffic fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may order that a written caution be issued and served on any person who appears to own or to have an interest in the motor vehicle.
2: Despite subsection (1)
a: on anyone if the Registrar is satisfied that the motor vehicle—
i: was stolen or converted at the material time; or
ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998; or
b: on a person who the Registrar is satisfied is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant.
3: The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a traffic fine for any further traffic offence committed—
a: while using a motor vehicle in which the person has an interest as owner or otherwise; and
b: within 4 years after the date on which the written caution is served on the person.
4: A written caution must provide the following information:
a: the name and identifying details of the defendant:
b: the relevant traffic fine that the defendant has defaulted in paying:
c: the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed:
d: that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2)
e: the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient.
94: Review of written caution
1: A person served with a written caution under section 93
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1)
3: The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary.
4: If the Judge is satisfied that a ground stated in subsection (1)
a: the Judge must cancel the written caution served on the applicant:
b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d)
c: the Registrar must notify every person (including the applicant) whose written caution is cancelled of that outcome:
d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.
95: Written caution of no effect if fine quashed or set aside
1: If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.
2: If a written caution ceases to have effect under subsection (1)
96: Challenge of seizure by persons treated as substitutes
1: If a motor vehicle is seized on the basis that the person who owns or appears to own it or has or appears to have an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds:
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
e: the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences:
f: the person had not, before the commission of the relevant traffic offence, been served with a written caution under section 93
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1)
3: The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary.
4: The Judge may order the return of the motor vehicle if satisfied that—
a: a ground stated in subsection (1)(a) or (d)
b: another ground stated in subsection (1)
c: it would, in the circumstances, be unreasonable for the vehicle to be sold or disposed of. Seizure, release, and sale of property
97: Purposes of sections 98 to 100T
The purposes of sections 98 to 100T
a: to enable a fine or any fines in default to be collected more effectively through the seizure of property; and
b: in cases where the fine or fines in default relate to traffic offending, to reduce opportunities for offending of that kind.
98: Warrant to seize property
1: If any warrant to seize property is issued under section 83(2)(a), 87(2)(a) 88AE(1)(a)
a: any property that is apparently the property of the defendant:
b: any motor vehicle that is apparently the property of the substitute if the warrant is issued for a traffic fine and there is a substitute for the defendant.
2: Every warrant to seize property of the kind described in subsection (1)(a) or (b)
a: be in a form approved under section 209A
b: contain full details of the fine and the amount remaining unpaid in respect of the fine.
3: A warrant to seize property referred to in subsection (1)
4: In addition to subsection (3)
a: information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant to seize property:
b: the warrant is valid for a period of 28 days beginning on the date of its printing, and the warrant then lapses:
c: at any time and from time to time after a warrant lapses under paragraph (b)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
ii: a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant to seize property.
5: A constable or bailiff may execute a warrant to seize property referred to in subsection (1)
6: Subsection (3)
99: Seizure of property
1: For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that property in respect of which the warrant is issued is on the premises.
2: If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person and demand payment.
3: Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.
4: Without limiting anything in section 100C
5: When property is seized under a warrant to seize property, the bailiff or constable must promptly give the defendant or the substitute a notice in a form approved by the chief executive—
a: identifying the property seized; and
b: directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the property and to give the Registrar the name and address of any other person who owns or has an interest (including a lease or security interest) in the property.
6: The notice required to be given by subsection (5)
100: Seizure of motor vehicles impounded under Land Transport Act 1998
1: Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for at least 14 days.
2: The power to seize a motor vehicle described in subsection (1)
100A: Seizure of motor vehicle not precluded by low value or low interest
Consistent with the purposes stated in section 97
100B: Seized property to be retained by or for Registrar
1: The bailiff or constable executing a warrant to seize property must ensure that property seized under the warrant is—
a: taken to the Registrar; or
b: if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar.
2: If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then—
a: the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and
b: no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.
3: The Registrar must ensure the seized property is retained until the fine is paid or the property is sold, or assigned or applied, or otherwise disposed of or released in accordance with a determination of the Registrar or a District Court Judge.
100C: Immobilisation of motor vehicles
1: Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.
2: No motor vehicle may be immobilised under subsection (1)
a: on private property; or
b: in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.
3: Where any motor vehicle is immobilised under subsection (1)
a: may at any time seize the vehicle:
b: must, on the direction of a Registrar, seize the vehicle.
4: When a motor vehicle is seized under subsection (3) section 100B
5: If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1)
6: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
a: tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1)
b: removes, or attempts to remove,—
i: a motor vehicle to which a device is, or has been, attached under subsection (1)
ii: any part of that vehicle; or
iii: any other property from that vehicle.
100D: Personal property securities register to be checked
1: If property is seized under a warrant to seize property, the Registrar must, on the next working day after the property is seized, check whether a financing statement that relates to the property has been registered on the personal property securities register kept under the Personal Property Securities Act 1999.
2: If a financing statement has been registered, the Registrar must promptly notify the person named as the secured party (including any lessor) in the financing statement of the following:
a: that the Registrar may, under section 100P
i: the defendant; or
ii: where the property is a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute:
b: the rights that may be available to the person under sections 100H, 100J, and 100Q
100E: Release of property if fine and other costs paid or if certain appeals successful
1: Any property that has been seized and is retained by the Registrar may be returned to the person from whom it was seized or to the person apparently lawfully entitled to it if the following are paid:
a: the fine:
b: if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:
c: all costs incurred in seizing, transporting, and storing the property.
2: Subsection (1) sections 100F, 100H, and 100J
3: If the property is a motor vehicle that has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a)
4: If the property is a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under subsection (1)
5: Subsection (4) section 100L(1)(a) and (3)
6: If an appeal under section 102 or 110 of the Land Transport Act 1998 against the impoundment of the motor vehicle is allowed before the expiry of the 28-day period for which the motor vehicle would otherwise be required to be impounded under section 96 or 96A of that Act,—
a: the Registrar must release the motor vehicle to the person who is registered in respect of that vehicle; and
b: that person is not liable for any fees and costs payable under an enactment in respect of the motor vehicle.
7: Subsection (6)
a: applies despite subsection (1) and sections 100F to 100J, 100L, and 100P
b: does not apply if the motor vehicle has already been released to a lessor or secured party under section 100H or 100L(1)(a) section 100P
100F: Release of property to certain owners
1: If satisfied that the defendant does not own the seized property, the Registrar or a District Court Judge must release the property to a person who satisfies the Registrar or the Judge that—
a: the person is the owner of the property; and
b: in the case of a motor vehicle seized in respect of a traffic fine, the person is not a substitute for the defendant or a nominee for the defendant or the substitute.
2: If a person other than the defendant claims to own the property and the Registrar is not satisfied of the matters specified in subsection (1) section 209A
3: The issue of a summons under subsection (2)
4: Where a summons has been, or is to be, issued under subsection (2)
a: the value of the seized property; or
b: the fine in default, including the costs incurred in seizing, transporting, and storing the property, and any impoundment costs.
5: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into Court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100P paragraph (a)(ii)
100G: Determination of claim by owners
1: In determining a claim under section 100F(2)
a: the defendant does not own the property; and
b: in the case of a motor vehicle seized in respect of a traffic fine, the claimant is not a substitute for the defendant or a nominee for the defendant or the substitute.
2: The Judge may, if the property is a motor vehicle that has not yet been sold or otherwise disposed of, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply:
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle, or is the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
3: In the case of a motor vehicle seized in respect of a traffic fine, the Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.
4: A person who claims to have acquired property from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine.
5: In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into Court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100P paragraph (a)(ii)
6: If the claimant succeeds in the claim to the property,—
a: any deposit paid or security provided must be returned to the person who provided it; and
b: a District Court Judge may order the defendant to reimburse any person for any costs that have been paid into Court under section 100Q
7: If the claimant does not succeed in the claim to the property, any deposit paid or security provided may be applied as if it were the proceeds of the sale of the property.
100H: Lessor may apply to Registrar
1: This section applies if—
a: the property seized is subject to a lease; and
b: the lessor is not the defendant; and
c: the property is a motor vehicle seized in respect of a traffic fine, and the lessor is neither—
i: a substitute for the defendant; nor
ii: a nominee for the defendant or the substitute.
2: The lessor may apply to the Court, at any time before the Registrar has sold the property, for the release of the property to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the lease.
3: On an application under subsection (2)
4: Property that is a motor vehicle may also be released under subsection (3)
5: On the release of property under subsection (3)
6: This section is subject to section 100M 2002 No 9 s 140
100I: What happens if lessor does not apply to Registrar before property sold or disposed of
1: This section applies if—
a: section 100H
b: the lessor does not apply to the Court for the release of the property under section 100H(2)
c: the proceeds of the sale have not been fully applied.
2: The lessor may apply to the Court for the release of the proceeds of the sale of the property that have not been applied.
3: On an application under subsection (2) subsections (4) and (5)
4: The proceeds of the sale of the property must be applied in accordance with section 100R section 79
5: However, despite subsection (4) section 100R
a: the proceeds of the sale of the property must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled under the lease; and
b: the proceeds of the sale of the property must be applied in the manner and order of priority set out in section 100R
i: in the case of a lease for a term of less than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) section 100R(1)(a) and (b) section 100R(1)(c) to (j)
ii: in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) section 100R(1)(c) section 100R(2)
6: On the release of the proceeds of the sale of the property to the lessor, the lease is cancelled.
100J: Claims by secured parties
1: The Registrar or a District Court Judge must, on application or on his or her own initiative, recognise a security agreement in respect of seized property if satisfied that a person has rights over that property as a secured party.
2: The rights of a secured party may not be recognised under subsection (1)
a: the defendant; or
b: in the case of a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute.
3: When a security agreement has been recognised under subsection (1) section 100K
a: the secured party is a person who enters into security agreements in the course of the person's business; and
b: the defendant is the debtor under the security agreement; and
c: the defendant has not become bankrupt or been put into liquidation since the date on which the defendant signed or assented to the security agreement (in this section and in section 100K agreement date
4: The Registrar must—
a: establish the agreement date—
i: from the security agreement or any other documentary evidence; or
ii: if the agreement date cannot be so established, by determining the agreement date on the basis of any information that the Registrar considers relevant:
b: ascertain, in accordance with section 100K
100K: Certification of default balance
1: In order to assist the Registrar to ascertain whether the defendant had a default balance recorded against the defendant's name, the secured party may present to the Registrar evidence of a fine status response about the defendant.
2: On being satisfied of the authenticity of the evidence presented under subsection (1)
a: the date to which the fine status response relates is not earlier than—
i: 20 working days before the agreement date; or
ii: 20 working days before the date on which the provision of credit secured under the security agreement was approved, where the Registrar is presented with satisfactory evidence of the date of that approval; or
b: where the fine status response does not come within paragraph (a)
3: If—
a: a fine status response accepted under subsection (2)
b: the defendant still owes those fines in whole or part— the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
4: If—
a: there is no evidence, or no satisfactory evidence, of a fine status response or if a fine status response has not been accepted under subsection (2)
b: as at the agreement date, the defendant had a default balance consisting of 1 or more fines; and
c: the defendant still owes those fines in whole or part— the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
5: If section 92D
6: In this section, fine status response section 92A
100L: Sale of secured property by secured party or by Court
1: When the applicability of a default balance has been ascertained under section 100K
a: release the property to a secured party, at the request of the secured party, and direct the secured party to sell the property and account for the proceeds of sale in accordance with section 100N
b: order the sale of the property under section 100P
2: If the Judge or Registrar takes action under subsection (1)(a)
3: If the property is a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may also be released under subsection (1)(a)
4: A purchaser of property that is sold to the purchaser under a direction given under subsection (1)(a)
5: Subsection (1)(a) section 100M
100M: Certain payments required before release to lessor or secured party takes effect
1: An order for the release of property under section 100H(3) or 100L(1)(a)
a: if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:
b: any costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part:
c: in the case of a secured party claiming under a security agreement, any applicable default balance certified under section 100K
2: Any payments required to be paid by subsection (1)
3: If the payments specified in subsection (1) subsection (2) section 100P
100N: Application of proceeds of sale by secured party
1: A person to whom property is released under section 100L(1)(a)
a: account to the Registrar for the proceeds of the sale:
b: pay into Court the proceeds of the sale, less—
i: any amount paid under section 100M
ii: the amount of the costs and expenses of, and incidental to, the sale.
2: The Registrar must then apply the balance remaining in accordance with section 100R(1)(c) to (j) and (2)
100O: Failure by secured party to sell or account for proceeds
1: If the secured party fails to comply with a direction under section 100L(1)(a)
a: the Registrar must issue, in a form approved by the chief executive, a warrant to recover property; and
b: the property may be recovered under that warrant as the property of the defendant or (if the property is a motor vehicle seized from a substitute of the defendant) the substitute for the defendant; and
c: section 98
2: As soon as practicable after the property is delivered into a Registrar’s custody under subsection (1) section 100P 100R(1) section 100R(5)
3: A secured party who fails, in whole or in part, to pay into Court the money required under section 100N(1)(b)
100P: Sale or disposal of property seized
1: If any fine in respect of which property has been seized under a warrant to seize property remains unpaid, a District Court Judge or the Registrar may, after the expiry of the relevant period specified in subsection (2)
a: that the property be sold at public auction or in any other manner that the Judge or Registrar directs; or
b: in the case of a negotiable instrument, that the Registrar obtain payment under, assign, or otherwise dispose of the negotiable instrument; or
c: in the case of money, that the Registrar apply the money in accordance with section 100R
2: The relevant period referred to in subsection (1)
a: the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or
b: the expiry of 8 days after the day on which the motor vehicle was seized.
3: A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle—
a: is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and
b: in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and
c: must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.
4: Despite subsections (1) to (3) section 100A
5: If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold or disposed of under this section, apply, under the Land Transport Act 1998, to have the registration of the motor vehicle cancelled as if the Registrar were the person who, under that Act, is entitled to apply for that cancellation.
6: The sale of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act, or by any appeal that is determined after that period.
7: In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the vehicle have been paid) if any impoundment costs are not paid within—
a: 7 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or
b: any longer period specified by the Registrar in writing.
8: The sale of property by the Registrar is deferred by a pending claim in respect of the property only if the costs of storage have been paid under section 100Q section 100F
9: However, the property may be sold and the proceeds of the sale must be held until the pending claim is determined if—
a: the costs of storage have not been paid under section 100Q
b: a deposit has not been paid, or security has not been provided, under section 100F
10: The purchaser or assignee of property sold or disposed of under this section obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale or disposition.
100Q: Registrar must defer sale if storage costs paid
1: Any person may pay into Court the costs incurred by the Court in storing any property and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the property.
2: A payment made under subsection (1)
100R: Application of proceeds of sale
1: When property is sold under section 100P
a: if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs:
b: in payment of the costs of the sale (including all costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part preliminary to sale):
c: if 1 or more security agreements have been recognised under section 100J section 100K
d: in payment of any amount of reparation payable by the defendant:
e: in payment of any offender levy:
f: in payment of the fine specified in the warrant:
g: in payment to any secured party or secured parties of the applicable default balance or the applicable default balances certified under section 100K paragraph (c)
h: in payment of any fees and accident insurance levies prescribed under section 242(2)(b) of the Land Transport Act 1998 that are outstanding in respect of the vehicle:
i: in payment of any road user charges under Road User Charges Act 2012
j: to the defendant or, as the case requires, to the substitute for the defendant.
2: If any proceeds of sale are required to be applied to 2 or more security interests under subsection (1)(c)
3: If any proceeds of sale are required to be applied to 2 or more default balances under subsection (1)(g)
4: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1) paragraphs (d) to (f)
5: The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section.
100S: Remission of fine and costs of sale in certain cases involving motor vehicles
1: This section applies if the realisation under section 100N or 100P
2: The Registrar must—
a: remit the impoundment costs and the costs of the sale of the motor vehicle (as those costs are described in section 100R(1)(a) and (b)
b: remit—
i: the entire fine in default for which the motor vehicle was seized, if the amount of that fine is $100 or less; or
ii: $100 less any proceeds of that sale that have been applied towards paying the fine in default, if the amount of that fine is greater than $100. Example
A motor vehicle seized in respect of a fine sells for $350. The impoundment costs and the costs of the sale of that motor vehicle are $300. This leaves a balance of $50 to be deducted from the fine. However, the Registrar must remit a further $50 of the fine in order to comply with the requirement for $100 to be deducted from the fine.
3: The reference to fine subsection (2)(b)
a: any reparation that the defendant is liable to pay, other than Court costs and other costs that have been added to that reparation; and
b: any offender levy.
100T: Compensation to person with interest in property sold
1: This section applies if—
a: a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100P
b: the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property.
2: If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss.
3: Subsection (2) Section 32 amended 1 August 2012 section 94 Road User Charges Act 2012
33: Protection of Registrar, bailiff, etc
Section 102 sale, assignment, application, or subsequent
34: Effect of attachment order
Section 103(1)
a: by omitting section 87(1)(b) section 87(2)(b)
b: by omitting writing in the prescribed form a form approved under section 209A
35: Power to obtain information in respect of employers
1: Section 104A(1A) , by notice in writing,
2: Section 104A(2)
a: by omitting any request a requirement
b: by omitting notice requirement
3: Section 104A
2A: A requirement under subsection (1A) may be made by post or by fax, email, or other electronic means.
4: Section 104A(3) notice requirement
36: New section 105 substituted
Section 105
105: Content of attachment orders
1: An attachment order must state—
a: when deductions are to be made, by reference to a period of a week, fortnight, month, or some other period (the earnings period
b: the amount or percentage to be deducted from the defendant's salary or wages for the earnings period; and
c: an amount or percentage below which the net amount paid to the defendant for the earnings period must not fall; and
d: that the money due and payable under the fine is, by way of the directed deductions, to be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the defendant.
2: The charge created by the attachment order—
a: accrues from earnings period to earnings period, and on a day within, or following, each period that is specified in the attachment order; and
b: attaches to all salary or wages that become due by the employer to the defendant at any time while the attachment order is in force, whether or not the contract of employment in respect of which the salary or wages so become due existed at the date of the attachment order; and
c: prevails over and has priority to any assignment or charge created by the defendant (whether before or after the making of the attachment order against the defendant), so that the attachment order has the same effect as if no such assignment or charge had been made or created.
3: Every attachment order applies for a fixed period stated in the order, and must not apply for a period of more than 5 years after the date on which the order is made by the Registrar.
4: Despite subsections (1) and (2) subsection (5)
5: The items referred to in subsection (4)
a: a deduction notice or an attachment order under the Child Support Act 1991, the Family Proceedings Act 1980, the Social Security Act 1964, or the Tax Administration Act 1994:
b: a deduction for the recovery of payments under section 86 of the Social Security Act 1964.
6: If any question arises in any case as to the priority to be accorded to an attachment order made under this Act, each of the items specified in subsection (5)
7: In this section,— net earnings protected earnings rate
a: 60% of net earnings for the earnings period; and
b: the amount or percentage stated under subsection (1)(c)
37: Liability of employer
Section 106
4: If the defendant gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 7 days after receiving or giving the notice, notify the Registrar of the Court in which the attachment order was issued of the date of the last day of the defendant's employment.
4A: If the employer to whom the attachment order relates ceases to pay salary or wages to the defendant for a reason other than the defendant's dismissal or resignation from the employment of the employer, the employer must, within 7 days after ceasing to pay the salary or wages, notify the Registrar of the Court in which the attachment order was issued of the day on which the salary or wages ceased to be paid.
38: Section 106A substituted
Section 106A
106A: Wrongful treatment of employee
Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of—
a: the employee having been ordered to pay 1 or more fines; or
b: an attachment order having been served on the employer; or
c: the employer becoming aware that an attachment order is being made or has been made in respect of the employee.
39: Extent to which attachment orders bind the Crown
Section 106B
3: If the defendant liable to pay a fine is a servant of the Crown, an attachment order may be made against the Crown as employer.
40: New sections 106E and 106EA substituted
Section 106E
106E: Restrictions on substituted sentences
1: A District Court Judge or Community Magistrate must not impose a substituted sentence on a defendant for non-payment of 1 or more fines under this Part unless—
a: an assessment of the defendant's financial capacity has been recently completed, being an assessment that does not include information given by a third party unless it also gives details of the source of the information and the date to which the information relates; and
b: the Judge or Community Magistrate has considered the assessment; and
c: the Judge or Community Magistrate is satisfied that all other methods of enforcing the fine or fines have been considered or tried and that they are inappropriate or have been unsuccessful.
2: A District Court Judge or Community Magistrate may, subject to the restrictions set out in this section, sentence a defendant to community work or community detention for non-payment of 1 or more fines under this Part.
3: A District Court Judge may, subject to the restrictions set out in this section,—
a: sentence a defendant to home detention for non-payment of 1 or more fines under this Part:
b: issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant for non-payment of 1 or more fines under this Part.
4: In sentencing a defendant for non-payment of 1 or more fines under this Part, the Court must impose the least restrictive sentence that is appropriate in the circumstances.
5: A District Court Judge or Community Magistrate must not sentence a defendant to a sentence of community detention in accordance with subsection (2)
a: a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
b: the Judge or Community Magistrate is satisfied of the matters in section 69C of the Sentencing Act 2002.
6: A District Court Judge must not sentence a defendant to a sentence of home detention in accordance with subsection (3)(a)
a: a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
b: the Judge is satisfied of the matters in section 80A(2)(a) of the Sentencing Act 2002; and
c: either of the following applies:
i: the defendant is already undergoing a sentence of home detention or is about to be sentenced to home detention for another offence at the time that the Judge is considering sentencing the defendant for non-payment of 1 or more fines under this Part:
ii: the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
7: A District Court Judge must not issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant in accordance with subsection (3)(b)
a: the defendant has had the same opportunity for legal representation as is available to a defendant who is liable to a sentence of imprisonment under section 30 of the Sentencing Act 2002; and
b: the warrant of commitment can be executed immediately; and
c: either of the following applies:
i: the defendant is already undergoing a sentence of imprisonment or is about to be sentenced to imprisonment for another offence at the time that the Judge is considering the sentence for the defendant for non-payment of 1 or more fines under this Part:
ii: the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
8: Subsection (7)
9: Section 19 of the Sentencing Act 2002 applies if a defendant is already undergoing a sentence or is about to be sentenced for another offence at the time that a District Court Judge is considering the sentence for the defendant for non-payment of 1 or more fines under this Part.
106EA: Defendant may be arrested for assessment of financial capacity
1: Before a District Court Judge sentences a defendant to home detention, or issues or directs the issue of a warrant of commitment, under section 88AE(1)
2: In assessing the defendant's financial capacity to pay the fine or fines, a District Court Judge must take into account—
a: the Court's assessment of the defendant's capacity to pay the fine or fines (whether based on the defendant's declaration of financial capacity or otherwise) when the fine or fines were imposed; and
b: any change of circumstances since that original assessment was made; and
c: the defendant's current financial position.
3: If a defendant is arrested under subsection (1) section 88AC
4: If a District Court Judge directs that a warrant for the defendant's arrest be issued under subsection (1)
a: the Registrar may issue the warrant; and
b: a constable or bailiff may execute the warrant.
41: Review of Registrar's decision
1: Section 106F(1) section 78B or 78C under
2: Section 106F
3: If the decision to which the application under subsection (1) relates is a decision to issue a warrant to seize property and that warrant has been executed,—
a: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3)
b: if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N or 100R
4: If, on the determination of the review, the Judge confirms the Registrar's decision to issue the warrant to seize property, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
5: If, on the determination of the review, the Judge rescinds the Registrar's decision to issue the warrant to seize property, the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (3)(a)
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (3)(b)
b: is not liable for any fees and costs payable under an enactment in respect of the property.
6: On a review of a Registrar's decision to issue a warrant to seize property, the Judge may, subject to subsection (5)(b)
42: Provision as to issue of warrant pending appeal
Section 124(5)
5: If a warrant to seize property is issued before a notice of intention to appeal is filed and—
a: the warrant has not been executed, it must be suspended until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted, or the Registrar of the High Court has certified that it has been dismissed for non-prosecution:
b: the warrant has been executed,—
i: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained while the appeal is pending; or
ii: if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N or 100R
6: If, on the determination of the appeal or the issue of a certificate described in subsection (5)(a)
7: If, on the determination of the appeal, the determination in respect of which the warrant was issued is set aside or quashed, the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (5)(b)(i)
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (5)(b)(ii)
b: is not liable for any fees and costs payable under an enactment in respect of the property.
43: No action against Justice unless act in excess of jurisdiction or without jurisdiction
Section 193(2) property warrant to seize
44: New section 209A inserted
The following section is inserted after section 209
209A: Chief executive of Ministry of Justice may approve forms
1: The chief executive of the Ministry of Justice may approve and issue forms that the chief executive considers necessary for the purposes of this Act, not being forms required to be prescribed by regulations made under this Act.
2: Without limiting subsection (1)
a: more than 1 form may be approved and issued in relation to the same matter; and
b: a form may be described by any name that the chief executive considers appropriate even though it relates to a matter that is described by a different name under this Act, so long as the form refers to the appropriate provision of this Act.
3: Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive otherwise certifies.
45: Rules and regulations
1: Section 212(2)
ca: prescribing the fees and charges to be paid for the purposes of this Act: .
2: Section 212(2)
daa: providing for documents to be sent in electronic form under section 24(1)(e) or 79A(1)(c)
dab: specifying, for the purposes of section 79A(1)(d) .
46: Further consequential amendments to principal Act
The principal Act is amended in the manner indicated in Schedule 3
47: Transitional provisions relating to pre-commencement fines and warrants
1: The principal Act as amended by this Act Act
2: Section 10 OIC 2011/394 2012-02-13 Summary Proceedings (Vehicle Seizure) Amendment Act 2009