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Sentencing Act 2002

Sentences, orders, and related matters - Monetary penalties - Fines

41: Financial capacity of offender

You could also call this:

"How much you can afford to pay if you get a fine"

Illustration for Sentencing Act 2002

When you go to court and the judge thinks a fine of less than $100 is a good sentence, they can assume you have enough money to pay it unless someone shows them otherwise. If the fine might be $100 or more, the judge might ask you to tell them about your financial situation, using a process outlined in section 42. The judge can decide not to ask for this information and still give you a fine if they already have the information they need, or if they think it's not necessary in your case, such as if they have a reparation report from section 33.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136010.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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40: Determining amount of fine, or

"How a court decides the amount of money you must pay as a fine"

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42: Declaration as to financial capacity, or

"Telling the court about your money and what you own"

Part 2Sentences, orders, and related matters
Monetary penalties: Fines

41Financial capacity of offender

  1. If the court considers that a fine of less than $100 may be an appropriate sentence, it may assume that the offender has the means to pay the fine unless evidence is presented to the contrary.

  2. If the court considers that a fine of $100 or more may be an appropriate sentence, but it is uncertain about the offender's ability to pay the fine, the court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42.

  3. The court may decline to give a direction under subsection (2) and impose a fine without further inquiry if—

  4. the type of information referred to in a declaration is available through other means (including, without limitation, a reparation report under section 33); or
    1. in all the circumstances the court considers that a declaration is unnecessary.