Section 389 — Building Act 2004: Fines to be paid to territorial authority or regional authority instituting prosecution

389 Fines to be paid to territorial authority or regional authority instituting prosecution (1) A court must order that a fine imposed on any person in relation to the person's conviction for an offence under this Act be paid to the territorial authority or, as the case may be, the regional authority that laid the information for that offence. (2) However, an amount equal to 10% of every amount payable to the territorial authority or the regional authority under subsection (1) must be credited to a Crown Bank Account nominated by the Minister of Finance for the purposes of this subsection. (3) If any money awarded by a court in respect of loss or damage is recovered as a fine, and that fine is ordered to be paid to a territorial authority or a regional authority under subsection (1) , no deduction is to be made under subsection (2) in respect of that money. (4) An order of the court made under subsection (1) is sufficient authority for the Registrar receiving payment of the fine to— (a) pay 10% of the fine to the Crown in accordance with subsection (2) ; and (b) pay the balance of the fine to the territorial authority or the regional authority entitled to it under the order. (5) Nothing in section 73 of the Public Finance Act 1989 applies to a fine ordered to be paid to a territorial authority or a regional authority under subsection (1) . (6) To avoid doubt, this section does not apply if the information for the offence has been laid by a person other than a territorial authority or a regional authority. Compare: 1991 No 150 s 84