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Sentencing Act 2002

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

13: Sentence of fine

You could also call this:

"When a judge decides to give you a fine as a punishment"

Illustration for Sentencing Act 2002

If you are in court and the judge can give you a fine, they will think a fine is the right choice unless they believe a fine won't work. The judge might think a fine won't work if it doesn't meet the purposes of the sentence, or if the rules in section 8 suggest a fine is not a good idea. The judge will also consider if there are other rules that say they should give a different sentence, or if a fine would not be enough on its own.

The judge wants to make sure the sentence is fair and works in your case. They will look at all the circumstances and decide what is best. If the judge thinks a fine is not enough, they might give you a different sentence.

You should know that the judge has to follow the rules and make a decision based on what is best for your case. However, this can be rephrased as: The judge must follow the rules when deciding your sentence and choose the best option for you. The judge's decision will be based on the details of your case and what the rules say. They will choose the sentence that best fits your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135554.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Paying back money to someone you hurt or wronged"

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14: Reparation, fines, and financial capacity of offender, or

"Paying for what you did wrong: fines and reparation"

Part 1Sentencing purposes and principles, and provisions of general application
General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

13Sentence of fine

  1. If a court is lawfully entitled under this or any other enactment to impose a fine in addition to, or instead of, any other sentence, the court must regard a fine as the appropriate sentence for the particular offence unless—

  2. the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by imposing a fine; or
    1. the court is satisfied that the application of any of the principles in section 8 to the particular case make a fine inappropriate; or
      1. any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing any other sentence or requires the court to impose any other sentence; or
        1. the court is satisfied that a fine, on its own or in addition to a sentence of reparation, would otherwise be clearly inadequate in the circumstances.