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Deposit Takers Act 2023

Enforcement - Pecuniary penalty - Relationship between proceedings and orders

166: No pecuniary penalty and criminal penalty for same conduct

You could also call this:

"You won't be punished twice for the same mistake."

Illustration for Deposit Takers Act 2023

If you do something wrong under the Deposit Takers Act 2023, you cannot be ordered to pay a pecuniary penalty and also be liable for a fine or imprisonment for the same thing. This means you will not be punished twice for the same conduct. You will either pay a pecuniary penalty or face a fine or imprisonment, but not both for the same action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS475616.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rules
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165: Only 1 pecuniary penalty order may be made for same conduct, or

"You can't get more than one penalty for the same mistake"

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167: Relationship between concurrent pecuniary penalty proceeding and criminal proceeding, or

"What happens if you face two types of court cases at the same time for doing something wrong?"

Part 5Enforcement
Pecuniary penalty: Relationship between proceedings and orders

166No pecuniary penalty and criminal penalty for same conduct

  1. A person cannot be ordered to pay a pecuniary penalty and be liable for a fine or to imprisonment under this Act or any other Act for the same conduct.