Section 4 — Sentencing Act 2002: Interpretation

4 Interpretation (1) In this Act, unless the context otherwise requires,— commencement date means the date specified in section 2 community-based sentence has the meaning given to it in section 44 community work centre means a community work centre established under section 126 of the Criminal Justice Act 1985 counsel , in relation to any person, means a person enrolled as a barrister and solicitor of the High Court of New Zealand who is representing that person in any proceedings court means any court exercising jurisdiction in criminal cases Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 . Crown organisation: this definition was inserted, as from 18 October 2002, by section 28(1) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37). curfew address means the address, specified by a court, where an offender must remain during the curfew period curfew period means the periods, specified by a court, during which an offender sentenced to community detention must remain at the curfew address detention conditions means the standard conditions of a sentence of home detention set out in section 80C and any special conditions imposed by the court on an offender under section 80D detention end date means the date on which an offender who is subject to a sentence of home detention ceases to be subject to detention conditions determinate sentence of imprisonment means a sentence of imprisonment for a fixed term District Court includes a Youth Court epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice epidemic management notice: this definition was inserted, as from 19 December 2006, by section 4 Sentencing Amendment Act (No 2) 2006 (2006 No 89). health assessor means a health practitioner who— (a) is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine, and who is a practising psychiatrist; or (b) is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Act 2003 as a practitioner of the profession of psychology; or (c) a specialist assessor under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 health assessor: paragraph (b) of this definition was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by inserting the expression “ ; or ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). health assessor: paragraph (c) of this definition was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). health assessor: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act for the transitional provisions. home detention residence means the residence, specified by a court, where an offender sentenced to home detention serves that sentence hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 immediate family , in relation to a victim,— (a) means a member of the victim's family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and (b) to avoid doubt, includes a person who is— (i) the victim's spouse, civil union partner, or de facto partner; or (ii) the victim's child or stepchild; or (iii) the victim's brother or sister or step-brother or step-sister; or (iv) a parent or step-parent of the victim; or (v) a grandparent of the victim. immediate family: paragraph (b) of this definition was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3). incapable , in relation to a person,— (a) means that the person— (i) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or (ii) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and (b) includes the person being in a state of continuing unconsciousness Incapable: paragraph (b) of this definition was amended, as from 17 December 2002, by section 53 Victims' Rights Act 2002 (2002 No 39) by substituting “ the person being ” for “ a person who is ” . indeterminate sentence of imprisonment means a sentence of imprisonment for life or a sentence of preventive detention minimum period of imprisonment means the period of imprisonment that the court has, under section 86 or section 89 or section 103 , ordered that an offender must serve before he or she can be released under subpart 2 of Part 1 of the Parole Act 2002 non-release day means a Saturday, a Sunday, Christmas Day, Boxing Day, New Year's Day, the second day of January, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and, in respect of a particular place where an offender is serving a sentence of community detention or home detention, the anniversary day of the region in which that place is situated penal institution [Repealed] penal institution: this definition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). post-detention conditions means any standard post-detention conditions and special post-detention conditions imposed under section 80N on an offender sentenced to home detention prison means a prison established or deemed to be established under the Corrections Act 2004 . prison: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). probation area means an area designated by the chief executive of the Department of Corrections for the administration of release conditions, community-based sentences, sentences of home detention, or orders probation officer means a person appointed to be, or designated as, a probation officer under section 124 of the Criminal Justice Act 1985 ; and includes a person exercising only some of the functions or powers of a probation officer under that Act sentence of imprisonment — (a) includes a determinate sentence of imprisonment and an indeterminate sentence of imprisonment; but (b) does not include a term of imprisonment imposed, whether by committal, sentence, or order, for— (i) non-payment of a sum of money; or (ii) disobedience of a court order; or (iii) contempt of court sentence term , in relation to a sentence of community detention, is the period that the sentence of community detention is in force sentencing guidelines means sentencing guidelines produced by the Sentencing Council in force under the Sentencing Council Act 2007 short-term sentence has the same meaning as in section 4(1) of the Parole Act 2002 staff member of a penal institution [Repealed] staff member of a penal institution: this definition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). staff member of a prison means a staff member within the meaning of section 3(1) of the Corrections Act 2004 . staff member of a prison: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Trial Judge , in relation to a District Court, means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment victim — (a) means— (i) a person against whom an offence is committed by another person; and (ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and (iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii) , unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and (iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and (b) despite paragraph (a) , if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,— (i) that offence; or (ii) an offence relating to the same incident or series of incidents as that offence. Victim: paragraph (a) of this definition was substituted, as from 17 December 2002, by section 53 Victims' Rights Act 2002 (2002 No 39). (2) For the purposes of this Act,— (a) an offender is subject to a sentence of imprisonment until the sentence expires (in accordance with sections 82 and 83 of the Parole Act 2002 ): (ab) an offender is subject to a sentence of home detention from the date the sentence commences in accordance with section 80W , 80X , or 80Y until the sentence ends in accordance with section 80Z , except when the sentence is suspended under section 80ZG(2) : (b) except as provided in paragraph (c) , an offender is subject to a sentence of community work from the date that the sentence commences in accordance with section 75 , 75A , or 76 until the date that it expires in accordance with section 75A : (ba) except as provided in paragraph (c), an offender is subject to a sentence of community detention from the date that the sentence commences in accordance with section 75 , 75B , or 76 until the date that it expires: (c) an offender is not subject to a community-based sentence during any period that the community-based sentence is suspended under section 78(2)(a) or section 78(7) . (3) For the purposes of this Act, otherwise dealing with an offender or other means of dealing with an offender — (a) means dealing with the offender in relation to an offence following a finding of guilt or a plea of guilty, instead of imposing a sentence; and (b) to avoid doubt, does not include dealing with a person for non-payment of a sum of money, disobedience of a court order, or contempt of court. (4) For the purposes of this Act, the offender, in the case of a Crown organisation that is charged with, or convicted of, an offence against the Building Act 2004 or the Health and Safety in Employment Act 1992 , is that Crown organisation and not the Crown. Section 4(1) curfew address : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) curfew period : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) detention conditions : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) detention end date : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) home detention : repealed, on 1 October 2007, by section 4(1) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) home detention residence : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) non-release day : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) post-detention conditions : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) probation area : substituted, on 1 October 2007, by section 4(2) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) sentence term : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) sentencing guidelines : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(1) short-term sentence : inserted, on 1 October 2007, by section 4(3) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(2)(ab): inserted, on 1 October 2007, by section 4(4) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(2)(b): amended, on 1 October 2007, by section 4(5) of the Sentencing Amendment Act 2007 (2007 No 27). Section 4(2)(ba): inserted, on 1 October 2007, by section 4(6) of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (4) was inserted, as from 18 October 2002, by section 28(2) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37). Subsection (4) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting “ Building Act 2004 ” for “ Building Act 1991 ” . See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) for the transitional provisions.