Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Discharge

106: Discharge without conviction

You could also call this:

"Being let off without a criminal record, but you might still have to pay costs or compensation"

If you are found guilty or plead guilty to an offence, the court may discharge you without conviction. This means you are not given a criminal record for the offence. A discharge without conviction is like being found not guilty.

When the court discharges you without conviction, it can still make some orders. The court can order you to pay costs or return any property that belongs to someone else. It can also order you to pay money to compensate someone who was harmed by your actions.

The court can order you to pay compensation for loss of, or damage to, property, or for emotional harm. However, if someone has already been, or will be, paid compensation under the Accident Compensation Act 2001, the court must not order you to pay compensation for the same thing. The court must follow the same rules as it would when ordering reparation, as set out in sections 32 to 38A.

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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=DLM136807.

Topics:

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

105J: Approval of agency, or

"The government approves groups to help crime victims if they meet certain rules."

107: Guidance for discharge without conviction, or

"When a judge decides not to give you a conviction because it would be too unfair for what you did."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Discharge

106Discharge without conviction

If a person who is charged with an offence is found guilty or pleads guilty, the court may discharge the offender without conviction, unless by any enactment applicable to the offence the court is required to impose a minimum sentence.
A discharge under this section is deemed to be an acquittal.
A court discharging an offender under this section may—
make an order for payment of costs or the restitution of any property; or
make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered—
1. loss of, or damage to, property; or
2. emotional harm; or
3. loss or damage consequential on any emotional or physical harm or loss of, or damage to, property:
make any order that the court is required to make on conviction.

Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.
Repealed
Despite subsection (3)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.
Repealed
Repealed

Compare

1985 No 120 s 19

Notes

Section 106(3A): replaced, on 13 February 2012, by section 12(1) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 106(4): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 106(5): replaced, on 6 December 2014, by section 8 of the Sentencing Amendment Act 2014 (2014 No 38).
Section 106(6): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).
Section 106(7): repealed, on 13 February 2012, by section 12(2) of the Sentencing Amendment Act 2011 (2011 No 47).