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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - General provisions relating to Part - Relationship between civil penalty and criminal proceedings

74: One penalty only rule

You could also call this:

"You can't be penalised twice for the same mistake"

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

If a court is looking at civil penalty or criminal proceedings against you under this Part, they can't impose a penalty if another court has already imposed one for the same or similar conduct. You can't be made to pay more than one civil penalty for the same or similar actions. A court can still look at more than one civil penalty against you for the same actions, but you will only have to pay one penalty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140943.

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Part 3Enforcement
General provisions relating to Part: Relationship between civil penalty and criminal proceedings

74One penalty only rule

  1. If civil penalty or criminal proceedings under this Part are brought against a person in relation to particular conduct, a court may not impose a penalty (whether civil or criminal) on the person if a court has already imposed a penalty under this Part in proceedings relating to the same or substantially the same conduct.

  2. If a person is or may be liable to more than 1 civil penalty under this Part in respect of the same or substantially the same conduct, civil penalty proceedings may be brought against the person for more than 1 civil penalty, but the person may not be required to pay more than 1 civil penalty in respect of the same or substantially the same conduct.