Sentencing Act 2002

Sentences, orders, and related matters - Monetary penalties - Declaration as to financial capacity

42: Declaration as to financial capacity

You could also call this:

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

When you make a declaration about your financial capacity, you must include information about all your income, assets, liabilities, and expenses. This includes things like your salary and wages, benefits and pensions, and any income you get from renting out property. You also need to list your assets, such as the cars and houses you own, and any debts you have, as well as your essential expenses, like food and rent, for you and the people who depend on you.

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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=DLM136012.

Topics:

Crime and justice > Courts and legal help

41: Financial capacity of offender, or

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

42A: Offender may be detained for purpose of making declaration, or

"The court can hold you for a short time to ask about your money."

Part 2Sentences, orders, and related matters
Monetary penalties: Declaration as to financial capacity

42Declaration as to financial capacity

A declaration as to financial capacity must contain information on all sources of income, assets, liabilities, and outgoings, including, without limitation,—
salary and wages:
benefits and pensions:
commissions:
interest and dividends:
income from rental property:
ownership of real estate:
vehicle ownership:
ownership of other property:
income and realisable assets that the offender does not currently have but which it is anticipated that the offender will receive during the 12 months following the date of giving the declaration:
debts:
essential outgoings of the offender and his or her dependants.