Home
Acts
Sentencing Act 2002
Sentencing purposes and principles, and provisions of general application
Preliminary provisions
6: Penal enactments not to have retrospective effect to disadvantage of offender

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

Preliminary provisions

3Purposes 4Interpretation 4ATransitional, savings, and related provisions 5Application of this Act 6Penal enactments not to have retrospective effect to disadvantage of offender

Purposes and principles of sentencing

7Purposes of sentencing or otherwise dealing with offenders 8Principles of sentencing or otherwise dealing with offenders 9Aggravating and mitigating factors

Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

9ACases involving violence against, or neglect of, child under 14 years

Taking into account offer or agreement to make amends

10Court must take into account offer, agreement, response, or measure to make amends

Hierarchy of sentences and orders

10AHierarchy of sentences and orders

Taking account of instrument forfeiture order or successful application for relief

10BCourt must take into account instrument forfeiture order or successful application for relief

General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

11Discharge or order to come up for sentence if called on 12Reparation 13Sentence of fine 14Reparation, fines, and financial capacity of offender 15Community-based sentence 15ASentence of home detention 15BLimitation on sentence of home detention for person under 18 years 16Sentence of imprisonment 17Imprisonment may be imposed if offender unlikely to comply with other sentences 18Limitation on imprisonment of person under 18 years

Part 2:
Sentences, orders, and related matters

Monetary penalties

Reparation

32Sentence of reparation 33Court may order reparation report 34Reparation reports 35Taking into account financial capacity of offender 36Payment conditions of sentence of reparation 37Copy of conditions of reparation to be given to person who suffered harm, loss, or damage 38Payment of sums to person who suffered harm, loss, or damage 38ACancellation of sentence of reparation

Fines

39Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence 40Determining amount of fine 41Financial capacity of offender

Declaration as to financial capacity

42Declaration as to financial capacity 42AOffender may be detained for purpose of making declaration 43Offence of providing false or misleading information

Community-based sentences

44Community-based sentences

Supervision

45Sentence of supervision 46Guidance on use of sentence of supervision 47Sentences of supervision in respect of 2 or more offences must be served concurrently 48Conditions of sentence of supervision 49Standard conditions of supervision 50Special conditions related to programme 51Programmes 52Other special conditions 53Offender to be under supervision of probation officer 54Variation or cancellation of sentence of supervision 54AAWhen time ceases to run on sentence of supervision 54AApplication of section 54 during epidemic

Intensive supervision

54BSentence of intensive supervision 54CGuidance on use of sentence of intensive supervision 54DSentences of intensive supervision in respect of 2 or more offences must be served concurrently 54EConditions of sentence of intensive supervision 54FStandard conditions of intensive supervision 54GSpecial conditions related to programmes 54HProgrammes 54IOther special conditions 54IAElectronic monitoring 54JOffender to be under supervision of probation officer 54KVariation or cancellation of sentence of intensive supervision 54KAWhen time ceases to run on sentence of intensive supervision 54LApplication of section 54K during epidemic

Community work

55Sentence of community work 56Guidance on use of sentence of community work 57Concurrent and cumulative sentences of community work 57ACourt may defer commencement date of sentence of community work 58Length of sentence of community work 59Offender must report to probation officer 59AOffender must allow collection of biometric information 60Offender must notify probation officer if offender changes residential address 61Probation officer must determine placement of offender for community work 62Guidance to probation officer in determining placement of offender for community work 63Authorised work for person sentenced to community work 64When community work must be done 65Supervision of offender while doing community work 66Offender excused from reporting in certain circumstances 66AProbation officer may direct hours of work to be converted to training 66BSome hours of work may be converted to training 66CConsequences of failing without excuse to complete training 66DWhen hours of community work not counted 67Remission of sentence of community work 67ARemission of community work hours during epidemic 68Variation or cancellation of sentence of community work 69Extension of period within which community work must be done 69AExtension during epidemic of period within which community work must be done

Community detention

69BSentence of community detention 69CGuidance on use of sentence of community detention 69DConcurrent and cumulative sentences of community detention 69EConditions of community detention during sentence term 69FElectronic monitoring 69GOffence to breach conditions of community detention 69HOffence to refuse entry to community detention curfew address 69IVariation or cancellation of sentence of community detention 69IAWhen time ceases to run on sentence of community detention 69JApplication of section 69I during epidemic 69JAChief executive of Department of Corrections may vary offender's curfew address 69KAlternative curfew address pending determination of application under section 69I 69LWhen sentence ends on non-release day 69MCommunity detention does not affect entitlements under Social Security Act 2018

Offences related to community-based sentences

Review of community-based sentences and cancellation of sentences of reparation

72Jurisdiction and procedure 73Appeal in respect of substituted sentence

Miscellaneous provisions

74Order must be drawn up and copy given to offender, etc 75Commencement of community-based sentences 75ACommencement of cumulative sentences of community work 75BCommencement of cumulative sentences of community detention 76Commencement of community-based sentence after temporary surrender under Extradition Act 1999 77Application of Accident Compensation Act 2001 to persons serving community-based sentence 78Effect of subsequent sentence of imprisonment 79Period of suspension not counted towards sentence 80Resumption of community-based sentence if sentence of imprisonment quashed

Home detention

Judicial monitoring

80ZJProgress reports 80ZKConsideration of progress reports 80ZLProcedure 80ZMProcedure if possible grounds for variation or cancellation of sentence exist

Biometric information

80ZMAPurpose of collecting biometric information

Drug or alcohol conditions

80ZNImposition, and effect, of drug or alcohol condition 80ZOOffender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring 80ZPHow notice of requirement to undergo testing or to submit to continuous monitoring may be given 80ZQWhere prescribed testing procedure may be carried out 80ZRInformation obtained from drug and alcohol testing or monitoring 80ZSOffence to refuse authorised person entry to offender’s residential address 80ZTRules about drug and alcohol testing and monitoring 80ZUFurther provisions concerning rules about drug and alcohol testing and monitoring 80ZVAvailability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012

Imprisonment

81Length of sentence of imprisonment 81BProcedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment 82Pre-sentence detention must not be taken into account in determining length of sentence 82AAdditional consequences for certain repeated offending must not be taken into account in determining length of sentence 83Cumulative and concurrent sentences of imprisonment 84Guidance on use of cumulative and concurrent sentences of imprisonment 85Court to consider totality of offending

Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

86Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment

Additional consequences for repeated serious violent offending

86AInterpretation 86BStage-1 offence: offender given first warning 86CStage-2 offence other than murder: offender given final warning and must serve full term of imprisonment 86DStage-3 offences other than murder: offender sentenced to maximum term of imprisonment 86EWhen murder is a stage-2 or stage-3 offence 86FContinuing effect of warnings 86GConsequences of cancellation of record on later sentences 86HAppeal against orders relating to imprisonment 86ISections 86B to 86E prevail over inconsistent provisions

Additional consequences for certain repeated offending

86JInterpretation 86KWarnings: first warning to be given if qualifying sentence imposed for stage-1 offence 86KAWarnings: first warning to be given if sentence of imprisonment of between 12 and 24 months imposed for stage-2 offence 86LWarnings: subsequent warning to be given if qualifying sentence imposed for stage-2 offence or stage-3 offence 86MWarnings: administration 86NNotice of possible consequences of receiving subsequent qualifying sentence for qualifying offence 86OStage-2 offences: loss of parole eligibility when determinate sentence of imprisonment of more than 24 months imposed for offence other than murder 86PStage-2 offences: imposition of minimum period of imprisonment when life imprisonment imposed for murder 86QStage-3 offences: transfer of proceedings to High Court 86RStage-3 offences: imposition of minimum sentence and loss of parole eligibility for offence other than murder 86SStage-3 offences: imposition of minimum period of imprisonment when life imprisonment imposed for murder 86TGuidance on application of manifestly unjust exception in certain provisions 86UContinuing effect of warnings 86VHow cessation of record affects later sentences 86WAppeal against orders relating to imprisonment 86XSections 86K to 86T prevail over inconsistent provisions

Preventive detention

87Sentence of preventive detention 88Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained 89Imposition of minimum period of imprisonment 90Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention

Warrant of commitment for sentence of imprisonment

91Warrant of commitment for sentence of imprisonment

Interpretation provision relating to references to offender being sentenced to imprisonment for particular period

92References to period of imprisonment for purposes of section 93

Conditions on release of offender sentenced to imprisonment for short term

93Imposition of conditions on release of offender sentenced to imprisonment for short term 94Variation of release conditions 95Review of conditions if conditions incompatible 96Offence to breach conditions 96AOffences related to post-imprisonment conditions that are drug or alcohol conditions

Home detention

97Court must consider granting offender leave to apply for home detention in certain cases 98Appeal against order granting or declining leave to apply for home detention 99Effect of subsequent conviction on home detention

Provisions about start date of sentence of imprisonment

100Court may defer start date of sentence of imprisonment 101Start date of sentence of imprisonment

Sentencing for murder

Presumption in relation to sentence for murder

102Presumption in favour of life imprisonment for murder

Imposition of minimum period of imprisonment or imprisonment without parole

103Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder 104Imposition of minimum period of imprisonment of 17 years or more 105Appeal against imposition of minimum period of imprisonment

Offender levy and victims' services bank account

105AInterpretation 105BOffender to pay levy 105CPriority of payments received from offender 105DAmount of levy 105EPayment of levy 105FDistribution of money in account 105GVictims' services bank account 105HPayments from, and other operation of, account 105IRegulations on operation of account 105JApproval of agency

Discharge and miscellaneous orders

Discharge

106Discharge without conviction 107Guidance for discharge without conviction 108Conviction and discharge 109Guidance on conviction and discharge

Order to come up for sentence if called on

110Order to come up for sentence if called on 111Calling offender to come up for sentence

Firearms prohibition orders

111AFirearms prohibition order

Non-association orders

112Non-association order 113Effect of non-association order 114Cumulative orders and sentences 115Order must be drawn up and copy given to offender, etc 116Right of appeal against non-association order 117Commencement of period of non-association 118Breach of non-association order constitutes offence 119Effect of subsequent sentences on non-association order 120Resumption of non-association order if sentence of imprisonment quashed 121Application for review of non-association order 122Determination of application for variation or cancellation of order 123Jurisdiction and procedure

Protection orders

123AInterpretation of terms used in this section and sections 123B to 123H 123BProtection order 123CProvisions applying to protection order made under section 123B 123CADisclosure of documents to assessor and service provider 123CBCourt documents for section 123CA 123CCAssessors and service providers for section 123CA 123DExplanation of protection order 123EProtection order to be issued and served on offender 123FProtection order to be sent to Family Court 123GProtection order treated as if made by Family Court 123HAppeal against decision to make or refuse to make protection order under section 123B is appeal against sentence

Disqualification from driving

124Power of court to disqualify offenders from driving motor vehicles 125Period of disqualification from driving 126Provisions of Land Transport Act 1998 apply if offender disqualified under section 124

Confiscation of motor vehicles

127Interpretation of terms used in sections 128 to 142 128Confiscation of motor vehicle 129Confiscation of motor vehicle after subsequent offence 129AConfiscation and destruction after third illegal street racing offence 129BWritten caution to persons with interest in motor vehicles involved in offences 129CReview of written caution 129DWritten caution of no effect if conviction quashed 129EAppeal against confiscation by persons treated as substitutes 129EAAppeal against confiscation by third party 129FWarning notice to secured parties if confiscation not ordered for second illegal street racing offence 130Court may order declaration of ownership to be completed 130ACourt may disregard disposal of motor vehicle by person after written caution 131If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle 132Enforcement of confiscation order 132AOffence to sell or dispose of motor vehicle subject to confiscation order 133Offence to remove confiscated vehicle 134Defect in warrant does not make action unlawful 135Registrar may direct order to be enforced in another office of District Court 136Offender must not acquire new interest in motor vehicle for 12 months 136ARegistrar must apply for deregistration of motor vehicle subject to confiscation and destruction order 137Sale of confiscated motor vehicles 137ACertain sales conditional on dismantling and destruction 137BFailure to comply with condition to dismantle and destroy 137CSale of motor vehicle surrendered or recovered under section 137B 138Disposal of unsaleable confiscated vehicle 138AOffender liable for outstanding costs of seizure, storage, and sale 139Procedure if notice given that vehicle subject to security agreement 140Lessor may apply to Registrar 140AWhat happens if lessor does not apply to Registrar before motor vehicle sold or disposed of 141Secured party may apply to court 141ACertain payments required before transfers take effect 141BApplication of proceeds of sale by secured party 141CFailure by secured party to sell or account for proceeds 142Order may be cancelled on application by bona fide purchaser

Forfeiture of vehicles used in offence of failing to stop, etc

142AAAInterpretation of terms used in sections 142AAB to 142AAF 142AABForfeiture of vehicle used in offence of failing to stop, etc 142AACOffence to sell or dispose of motor vehicle subject to forfeiture order 142AADOffence to remove forfeited vehicle 142AAEOffender must not acquire new interest in motor vehicle for 12 months 142AAFModified application of confiscation scheme to forfeiture

Instrument forfeiture orders

Miscellaneous, transitional, and savings provisions

Miscellaneous provisions

143Sentence not invalidated by mistake in age of offender 143ASentencing following finding or verdict of guilt on more than 1 charge 144Royal prerogative not affected 145Maximum period of detention for administrative tasks 145AManner in which amounts of reparation must be applied in cases involving same offence 145BManner in which amounts of reparation must be applied in cases involving different offences 145CNo Crown liability for error, etc, in applying payments of amounts of reparation 145DDefinitions for sections 145A to 145C 146Consent to treatment, etc, not affected 146AA certificate of conviction for succession purposes 147Regulations

Transitional and savings provisions

148Reparation or fine for offence committed before commencement date 149Community-based sentence for offence committed before commencement date 150Community-based sentences imposed under Criminal Justice Act 1985 151Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date 152Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender 153Offender convicted of specified offence committed before commencement date 154Offender convicted of murder committed before commencement date 155Suspended sentences of imprisonment 156Corrective training 157Offenders liable to come up for sentence if called on 158Non-association orders and confiscation of vehicles for offence committed before commencement date 159Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985 160Person under 17 years of age imprisoned

Amendments to other enactments

Amendments to Children, Young Persons, and Their Families Act 1989

161Custody of child or young person pending hearing 162Restrictions on power of court to order child or young person to be detained in custody 163New section 239A inserted

Amendments to Crimes Act 1961

164Repeal of home invasion provisions in Crimes Act 1961 165New section 172 substituted

Amendments to Criminal Justice Act 1985

166Certain provisions in Criminal Justice Act 1985 repealed 167Appeal against acquittal on account of insanity 168Order to be made if person under disability or insane 169Power of court to commit to institution on conviction 170Power of court to require psychiatric report 171Access to psychiatric reports 172Probation officers 173New section 124A inserted 174Duties of probation officers 175New sections 126 and 127 substituted 176New section 129 substituted 177Special provisions as to young persons remanded or committed for trial or sentence 178New sections 142AA and 142AB inserted into Criminal Justice Act 1985 179Detention of children or young persons serving sentence of imprisonment

Amendment to District Courts Act 1947

180Appointment and qualifications

Amendment to Judicature Act 1908

181Judges of the High Court

Amendments to Misuse of Drugs Amendment Act 1978

182Parole

Amendments to Summary Proceedings Act 1957

183Extension of time to pay 184Bailiff may arrange extension of time to pay 185Operation of attachment order

Other amendments and repeals

186Acts amended 187Enactments repealed

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1AB:
Qualifying offences

Schedule 1:
Amendments to other enactments

Schedule 2:
Enactments repealed

Sentencing Act 2002

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

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

You could also call this:

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

If you commit a crime and the penalty for that crime changes before you are sentenced, you get the lesser penalty. This means you will not get a harsher penalty just because the law changed after you committed the crime. You have this right no matter what other laws or rules say, and you can find similar information in the 1985 legislation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM135540.

Topics:

Crime and justice > Criminal law

5: Application of this Act, or

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

7: Purposes of sentencing or otherwise dealing with offenders, or

"Why the court punishes or helps people who commit crimes"

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

6Penal enactments not to have retrospective effect to disadvantage of offender

An offender has the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty.
Subsection (1) applies despite any other enactment or rule of law.

Compare

1985 No 120 s 4