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Sentencing Act 2002

Sentences, orders, and related matters - Miscellaneous, transitional, and savings provisions - Miscellaneous provisions

145: Maximum period of detention for administrative tasks

You could also call this:

"How long you can be kept in court to do tasks after being sentenced"

Illustration for Sentencing Act 2002

If you are in court, you might need to stay there for a while to finish some tasks. You can be kept in court for up to 3 hours if you need to do two things: make a declaration of financial capacity as per section 42 and declare if you own a motor vehicle as per section 130.

After you are sentenced, you might need to do more tasks, like making a declaration of financial capacity as per section 42, getting a community-based sentence as per section 74, or getting a home detention sentence as per section 80ZC. If you need to do two of these tasks, you can be kept in court for up to 3 hours.

If you need to do three or more tasks, like getting a non-association order as per section 115 or a protection order as per section 123E, you can be kept in court for up to 4 hours. Each task is counted separately, so if you need to do two community-based sentences, that counts as two tasks.

These time limits do not affect other parts of the law, such as sections 42A, 74(4), 80ZC(4), 115(2), 123E(2), and 130(3), if each task is done separately.

In this case, an administrative task means something like making a declaration or getting an order, as described in the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136879.

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Part 2Sentences, orders, and related matters
Miscellaneous, transitional, and savings provisions: Miscellaneous provisions

145Maximum period of detention for administrative tasks

  1. The purpose of this section is to provide for the maximum period for which an offender may be detained in the custody of the court, on any one occasion, to allow any administrative tasks to be completed if—

  2. 2 or more of those tasks apply or relate to the offender; and
    1. they have to be completed at the same time.

      1. An offender may be detained in the custody of the court for a period not exceeding 3 hours if the offender is required, at any time before sentencing, to complete both of the following:

      2. make a declaration of financial capacity in accordance with section 42:
        1. make a declaration of ownership of a motor vehicle in accordance with section 130.

          1. An offender may be detained in the custody of the court for a period specified in subsection (4) if, at any time after sentencing, 2 or more of the following are required to be completed:

          2. the offender to make a declaration of financial capacity in accordance with section 42:
            1. an order for a community-based sentence to be drawn up and a copy given to the offender under section 74:
              1. an order for a sentence of home detention to be drawn up and a copy given to the offender under section 80ZC:
                1. a non-association order to be drawn up and a copy given to the offender under section 115:
                  1. a protection order to be drawn up and served on the offender under section 123E.

                    1. The period referred to in subsection (3) is—

                    2. a period not exceeding 3 hours if any 2 administrative tasks are required to be completed; or
                      1. a period not exceeding 4 hours if any 3 or more administrative tasks are required to be completed.

                        1. If an offender is detained in the custody of the court for 2 or more orders for community-based sentences to be drawn up under section 74, each order is a separate administrative task for the purposes of subsection (4).

                        2. Nothing in this section limits or affects sections 42A, 74(4), 80ZC(4), 115(2), 123E(2), and 130(3) if the administrative task described in each of those sections is undertaken separately on any one occasion, rather than in conjunction with other administrative tasks.

                        3. In this section, administrative task means a task of a kind specified in subsection (2) or, as the case may be, subsection (3).

                        Notes
                        • Section 145: replaced, on , by section 39 of the Sentencing Amendment Act 2011 (2011 No 47).