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Student Loan Scheme Act 2011

Interest, relief, penalties and offences, rights of objection, and rights to challenge - Penalties and offences - Offences

165: Charging document may charge several offences

You could also call this:

“A single document can list multiple student loan offences you're accused of”

You can be charged with more than one offence at a time if you break the law about student loans. This can happen if:

  1. The offences are all based on the same set of facts, or
  2. The offences are similar to each other or part of a series of similar offences

If you are charged with more than one offence:

  1. Each offence will be described separately in the charging document
  2. All the charges will be heard together in court

However, the court can decide to hear any of the charges separately if they think it’s fair to do so. They can make this decision before or during the hearing.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3180352.

Topics:
Education and learning > Higher education Money and consumer rights > Banking and loans
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164: Proceedings to be commenced by Commissioner, or

"The Commissioner starts court cases when someone breaks student loan rules"

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166: Time for filing charging document, or

"When you can be charged for breaking student loan rules"

Part 4 Interest, relief, penalties and offences, rights of objection, and rights to challenge
Penalties and offences: Offences

165Charging document may charge several offences

  1. A charging document may charge the defendant with any number of offences against section 162A or 163 if those offences are founded on the same set of facts, or form or are part of a series of offences of the same or similar character.

  2. If a charging document charges more than 1 offence,—

  3. particulars of each offence charged must be set out separately in the charging document; and
    1. all of those charges must be heard together, unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.

      Compare
      Notes
      • Section 165 heading: amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
      • Section 165(1): amended, on , by section 9 of the Student Loan Scheme Amendment Act 2014 (2014 No 6).
      • Section 165(1): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
      • Section 165(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 165(2)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).