Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Pecuniary penalties

107C: Relationship between pecuniary penalties and criminal liability

You could also call this:

"You can't be punished twice for the same mistake - either criminally or with a fine."

Illustration for Credit Contracts and Consumer Finance Act 2003

If you do something wrong under this Act, you might face criminal charges or have to pay a pecuniary penalty. The High Court cannot order you to pay a pecuniary penalty for something you have already been charged with criminally. You cannot be convicted of a crime for something you have already been ordered to pay a pecuniary penalty for. If criminal charges are brought against you for something, any civil proceedings for a pecuniary penalty for the same thing must be put on hold. This means that if you are facing criminal charges, you will not have to deal with the civil proceedings at the same time. You can find more information about this by looking at the Credit Contracts Legislation Amendment Act 2019. The law is clear about how pecuniary penalties and criminal charges work together. You will face either criminal charges or a pecuniary penalty for something you have done, but not both. This helps to ensure that you are not punished twice for the same thing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS301456.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Criminal lawMoney and consumer rights > Consumer protection

107B: Proceedings for pecuniary penalties, or

"What happens in court when someone breaks the rules and might get a fine"

107D: Restriction on indemnities, or

"You can't get out of paying a penalty if you break the law, no one can pay it for you."

Part 4Enforcement and remedies
Pecuniary penalties

107CRelationship between pecuniary penalties and criminal liability

Once criminal proceedings against a person for an offence under this or any other Act are determined, the High Court may not order the person to pay a pecuniary penalty under this subpart in respect of the conduct, events, transactions, or other matters that were the subject of the criminal proceedings.
Once civil proceedings against a person for a pecuniary penalty under this subpart are determined, the person may not be convicted of an offence under this or any other Act in respect of the conduct, events, transactions, or other matters that were the subject of the civil proceedings.
Any uncompleted proceedings for an order under this Act that a person pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the person for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought.

Compare

1986 No 5 s 79B

Notes

Section 107C: inserted, on 20 December 2019, by section 43 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).