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Sentencing Act 2002

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

122: Determination of application for variation or cancellation of order

You could also call this:

"Deciding if a court order to stay away from someone can be changed or cancelled"

Illustration for Sentencing Act 2002

When you apply to change or cancel a non-association order, the court thinks about some things. You applied under section 121, so the court looks at any changes since the order was made. The court also considers how you responded to the order if the non-association period has started.

The court can change the order's details, cancel it, or cancel and replace it with a different sentence. If the court replaces the order with a new sentence, it thinks about the time left on the non-association order. If the court cancels the order, the non-association period ends on a date the court chooses or when the cancellation order is made.

The court makes these decisions based on your application and the circumstances. You can find more information about similar laws in the 1985 No 120 legislation and related sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136829.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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121: Application for review of non-association order, or

"Asking the court to change or cancel a rule that stops you from being with certain people"

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123: Jurisdiction and procedure, or

"How the court makes decisions and tells people about changes to rules that affect you"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

122Determination of application for variation or cancellation of order

  1. On an application under section 121, the court must have regard to—

  2. any change in circumstances since the non-association order was made; and
    1. if the period of non-association specified by the order has commenced, the manner in which the offender has responded to the order.

      1. The court may—

      2. vary the particulars of non-association; or
        1. cancel the order; or
          1. cancel the order and substitute any other sentence that could have been imposed on the offender at the time when the offender was convicted of the offence for which the order was made.

            1. When determining any substitute sentence under subsection (2)(c), the court must take into account the portion of the non-association order that remains unserved at the time.

            2. If the court cancels the order,—

            3. in any case where the period of non-association specified by the order has commenced, the period of non-association expires on the date that the court may specify:
              1. in any other case, the period of non-association expires on the date that the order cancelling the non-association order is made.

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