Part 2
Punishments

Fine

19 Enforcement of fines by High Court

(1) If the High Court imposes 1 or more fines, Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to any necessary modifications and subject to the modifications in subsections (2) to (5).

(2) Without limiting the actions that the High Court may take under Part 3 of the Summary Proceedings Act 1957 in relation to the fine or fines, the High Court may make any orders that it thinks fit, including a charging order or sale order in relation to the offender’s real property.

(3) To avoid doubt, section 88A of the Summary Proceedings Act 1957 does not apply if the High Court makes, in accordance with subsection (2), a charging order or sale order in relation to real property.

(4) If an offender is sentenced by the High Court to community work, community detention, or home detention under section 88AE(1) of the Summary Proceedings Act 1957 or is imprisoned under a warrant of commitment issued under that section,—

(a) section 89(2) and (3) of the Summary Proceedings Act 1957 apply with any necessary modifications as if—

(i) the references in those subsections to a District Court Judge were references to a High Court Judge; and
(ii) the reference to the High Court was a reference to the Court of Appeal; and

(b) sections 244 and 250 of the Criminal Procedure Act 2011 and any other relevant provisions of that Act relating to appeals against sentence apply with any necessary modifications.

(5) Despite section 90 of the Summary Proceedings Act 1957, the period of imprisonment that the High Court may impose on the offender for the non-payment of 1 or more fines must not exceed, for each fine, the lesser of—

(a) the maximum term of imprisonment to which the of-fender was liable on the conviction; or

(b) a period of 2 years.

(6) If the High Court enforces 1 or more fines under this section, the court may, at the same time, enforce any outstanding fine or fines imposed on the offender by a District Court.

(7) For the purposes of subsection (6), the outstanding fine or fines imposed by the District Court must be treated as if the fine or fines were imposed by the High Court and, in accordance with subsection
(1), Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to—

(a) any necessary modifications; and

(b) the modifications in subsections (2) and (4), but not the modification in subsection (5), if the outstanding fine or fines were imposed in the District Court.

(8) A Registrar of a District Court or of the High Court may exercise any jurisdiction and powers conferred on a Registrar of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1), that Part applies.

(9) A bailiff of a District Court may exercise any jurisdiction and powers conferred on a bailiff of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1), that Part applies.

(10) The amount of the fee payable if default is made in the payment of 1 or more fines imposed by the High Court to which, under subsection (1), Part 3 of the Summary Proceedings Act 1957 applies is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957, in respect of enforcement action taken under that Act to enforce the fine or fines.

(11) To avoid doubt, sections 92A to 92I of the Summary Proceedings Act 1957 apply, subject to any necessary modifications, to any fine or fines imposed by the High Court, and accordingly, the chief executive of the Ministry of Justice may, among other things authorised by those sections, disclose information about default balances relating to such fine or fines in accordance with those sections.

(12) For the purposes of this section, and subject to subsection (4), any reference in Part 3 of the Summary Proceedings Act 1957 to—

(a) a Court is, unless the context otherwise requires, taken to be a reference to the High Court; and

(b) a District Court Judge is, unless the context otherwise requires, taken to be a reference to a High Court Judge; and

(c) a Registrar is, unless the context otherwise requires, taken to be a reference to a Registrar of the High Court or of a District Court and includes a Deputy Registrar.

(13) In this section, fine has the meaning given to it in section 79 of the Summary Proceedings Act 1957.

Part 3
Matters of justification or excuse

Sentence or process

26 Execution of sentence, process, or warrant

(1) Every ministerial officer of any court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence.

(2) Every ministerial officer of any court duly authorised to execute any lawful process of the court, whether of a civil or a criminal nature, and every person lawfully assisting him, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him.

(3) Every one duly authorised to execute a lawful warrant issued by any court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him.


27 Execution of erroneous sentence or process

If a sentence is passed or a process is issued by a court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant is - sued shall be sufficient to justify the execution of it by every officer, prison manager, or other person authorised to execute it, and by every person lawfully assisting him, notwithstand¬ing that—

(a) the court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or

(b) the court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his jurisdiction in issuing it, in the particular case.


28 Sentence or process without jurisdiction

(1) Every officer, prison manager, or person executing any sentence, process, or warrant, and every person lawfully assisting him, shall be protected from criminal responsibility if—

(a) he acts in good faith under the belief that the sentence or process was that of a court having jurisdiction, or, as the case may be, that the warrant was that of a court, Justice, Community Magistrate, or other person having authority to issue warrants; and

(b) it is proved that the person passing the sentence or is - suing the process acted as such a court under colour of having some appointment or commission lawfully authorising him to act as such a court, or, as the case may require, that the person issuing the warrant acted as a Justice, Community Magistrate, or other person having authority to do so.

(2) This section shall apply notwithstanding that, in fact,—

(a) any such appointment or commission as aforesaid did not exist or had expired; or

(b) the court or the person passing the sentence or issuing the process was not the court or the person authorised by the appointment or commission to act; or

(c) the person issuing the warrant was not duly authorised to issue it.


29 Irregular warrant or process

(1) Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.

(2) It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
Co-operation relating to offences against administration of justice—

(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—

(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.
Requests for assistance—

(1)This Part applies to a request by the ICC for assistance that is made under—

(b)any of the following articles of the Statute:

(v)article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).

PART 6 - ENFORCEMENT OF PENALTIES

Orders relating to victim reparation

125.
Enforcement of fines—

(1)This section applies if—

(a)the ICC—

(i)orders payment of a fine under article 77(2)(a) of the Statute; and

(ii)requests that the order be enforced in accordance with article 109 of the Statute; and

(b)neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order—

(a)involves a monetary penalty; and

(b)is of a kind that can be enforced in the manner provided in this section.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must refer the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)take such steps as are necessary to enforce the order as if it were a fine imposed on conviction . . .; and

(ii)make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.

(4)For the purposes of this section, Part 3 of the Summary Proceedings Act 1957 (which relates to the enforcement of fines) applies, with any necessary modifications, to a fine imposed by the ICC.

(5)Despite subsection (4), an order may not be made under Part 3 of the Summary Proceedings Act 1957—

(a)imposing a sentence for non-payment of a fine imposed by the ICC; or

(b)modifying an order of the ICC for payment of a fine, without the prior agreement of the ICC; or

(c)remitting or directing that no further steps be taken to enforce all or any part of a fine payable under an order made by the ICC, without the prior agreement of the ICC.

(6)Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.

Cf Statute, articles 77(2)(a), 109(1)