Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Preliminary provisions

5: Application of this Act

You could also call this:

"When the Sentencing Act 2002 is used in New Zealand, it applies to everyone, including the government, in most cases."

This Act applies to you and everyone else in New Zealand, including the government. The government has to follow this Act, except in some special cases. You can find out more about those cases in subsection 2.

This Act does not apply to some military proceedings under the Armed Forces Discipline Act 1971. It also does not apply to appeals from decisions made under that Act, unless the Act says it does. You can check the Armed Forces Discipline Act for more information.

This Act applies to crimes that happened before or after it came into effect, but there are some exceptions. You can find out more about those exceptions in section 6 and sections 148 to 160. These sections will tell you when this Act does or does not apply to a crime.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135539.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

4A: Transitional, savings, and related provisions, or

"Special rules to help change or keep things the same in the Sentencing Act 2002"

6: Penal enactments not to have retrospective effect to disadvantage of offender, or

"You get the lesser penalty if the law changes after you commit a crime."

Part 1Sentencing purposes and principles, and provisions of general application
Preliminary provisions

5Application of this Act

Except as provided in subsection (2), this Act binds the Crown.
This Act does not apply to proceedings under the Armed Forces Discipline Act 1971, or to proceedings on appeal from any decision under that Act, except as expressly provided in that Act.
Subject to section 6 and sections 148 to 160, this Act applies to offences committed before or after the commencement date.

Compare

1985 No 120 s 3