Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Conservation of the peace

372: Forfeiture of bond

You could also call this:

"Losing bond money for not following court rules"

Illustration for Criminal Procedure Act 2011

If you have a court order that says someone must keep the peace, you can ask the District Court for an order to take away their bond if they do not follow the rules. You must apply to the District Court presided over by a District Court Judge. The court will then set a time and place to hear your application. The court will tell the person who did not keep the peace, and anyone else involved in the bond, when and where the hearing will be. You will need to prove to the court that the person did not keep the conditions of the bond. If the court agrees, it can order the person to forfeit their bond, which means they will lose some or all of the money they paid for the bond. Any penalty the person must pay is treated like a fine. You can find more information about this by looking at the District Court Act 2016.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360588.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

371: Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made, or

"You can be released from prison if the person you were supposed to stay away from dies, and you were in prison because you couldn't find someone to vouch for you."

373: Registrar who is also constable, or

"Registrar who is a police officer: you can only use one role per case"

Part 8Miscellaneous and transitional provisions
Conservation of the peace

372Forfeiture of bond

Any person who has obtained an order requiring any other person to enter into a bond for keeping the peace may apply to the District Court presided over by a District Court Judge for an order for forfeiture of the bond on the ground that the other person has failed to keep the condition of the bond.
On the filing of the application the Registrar must—
fix a time and place for the hearing of the application; and
not less than 5 working days before the time fixed, cause to be served on every person bound by the bond a notice of that time and place.

Subsection (4) applies if on the hearing of any application made under this section it is proved to the satisfaction of the court that the condition of the bond has not been kept.
The court may make an order that the bond is forfeit to the amount that it thinks fit as to any person bound by the bond on whom notice is proved to have been served in accordance with this section.
Any penalty payable in accordance with this section is recoverable as if it were a fine.

Compare

1957 No 87 s 191

Notes

Section 372(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).