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Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

349: Fine recovery not to be enforced pending contempt appeal

You could also call this:

"You can't be forced to pay a fine for disobeying a court while you're appealing the decision."

Illustration for Criminal Procedure Act 2011

If you are fined for disobeying a court and you have the right to appeal under subpart 5, this section applies to you. You have the right to appeal against the court's decision that you disobeyed them. The court's decision to fine you is not final until your appeal is heard.

When you are fined for disobeying a court, the court normally tries to get the money from you using rules from the Crown Proceedings Act 1950. However, if you are appealing the decision, the court cannot try to get the money from you until your appeal is finished.

If you appeal and the court does not change its decision, but does change the amount of the fine, the new amount of the fine is what the court will try to get from you under section 20 of the Crown Proceedings Act 1950.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360554.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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348A: How appeal affects registration orders, or

"What happens to registration orders when you appeal a crime conviction"

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350: Successful appellant entitled to return of amount paid under sentence, or

"Get your money back if you win an appeal and already paid a fine"

Part 6Appeals
Further provisions: How appeal affects decisions under appeal

349Fine recovery not to be enforced pending contempt appeal

  1. This section applies if a person is fined for criminal contempt of court and has a right of appeal under subpart 5 against the finding of contempt.

  2. Nothing in section 20 of the Crown Proceedings Act 1950 (which relates to the recovery of fines imposed otherwise than by judgment or conviction) applies until the time for filing notice of appeal or application for leave to appeal has expired, or, if that notice is filed, until the appeal has been determined or abandoned.

  3. On the determination of the appeal where the decision appealed against is not set aside and the amount of the fine imposed by the court appealed from is varied by the appeal court, the amount for which final judgment may be signed under section 20 of that Act is varied accordingly.

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