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Deposit Takers Act 2023

Enforcement - Pecuniary penalty - Relationship between proceedings and orders

167: Relationship between concurrent pecuniary penalty proceeding and criminal proceeding

You could also call this:

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

Illustration for Deposit Takers Act 2023

If you do something wrong, you can face two types of proceedings at the same time: a criminal proceeding and a pecuniary penalty proceeding. You can be taken to court for a crime even if you are already facing a pecuniary penalty proceeding for the same thing.

If a criminal proceeding has started against you for something you did, the pecuniary penalty proceeding for the same thing will be put on hold unless the court says otherwise.

After the criminal proceeding is finished or stopped, you can ask the court to let the pecuniary penalty proceeding continue.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS651280.

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166: No pecuniary penalty and criminal penalty for same conduct, or

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

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"Breaking the law: what happens if you do something wrong"

Part 5Enforcement
Pecuniary penalty: Relationship between proceedings and orders

167Relationship between concurrent pecuniary penalty proceeding and criminal proceeding

  1. A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding under this subpart has been commenced against the person in relation to the same conduct.

  2. A proceeding under this subpart against a person in relation to particular conduct is stayed (unless the court orders otherwise) if a criminal proceeding against the person has been commenced for an offence in relation to the same conduct.

  3. After the criminal proceeding referred to in subsection (2) has been completed or withdrawn, a person may apply to have the stay lifted on the pecuniary penalty proceeding.