Sentencing Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 118 — Breach of non-association order constitutes offence
118 Breach of non-association order constitutes offence (1) An offender who is subject to a non-association order commits an offence who, without reasonable excuse, associates with any person in…
Section 119 — Effect of subsequent sentences on non-association order
119 Effect of subsequent sentences on non-association order If an offender who is subject to a non-association order (whether or not it is cumulative on a sentence of imprisonment and whether or not…
Section 120 — Resumption of non-association order if sentence of imprisonment quashed
120 Resumption of non-association order if sentence of imprisonment quashed (1) This section applies to a non-association order that is suspended under section 119(a) or (b) . (2) The non-association…
Section 121 — Application for review of non-association order
121 Application for review of non-association order (1) An offender may, at any time after the expiration of half the period of non-association under a non-association order, apply to the court in…
Section 122 — Determination of application for variation or cancellation of order
122 Determination of application for variation or cancellation of order (1) On an application under section 121 , the court must have regard to— (a) any change in circumstances since the…
Section 123 — Jurisdiction and procedure
123 Jurisdiction and procedure (1) Section 72 applies, with any necessary modifications, to every application under section 121 . (2) Before determining the application, the court may make any…
Section 124 — Power of court to disqualify offenders from driving motor vehicles
124 Power of court to disqualify offenders from driving motor vehicles (1) This section applies if a person is convicted of an offence punishable by imprisonment, not being an offence against the…
Section 125 — Period of disqualification from driving
125 Period of disqualification from driving (1) The period of disqualification ordered under section 124 must not exceed 3 years, except as provided in subsection (2) . (2) If the person is convicted…
Section 126 — Provisions of Land Transport Act 1998 apply if offender disqualified under section 124
126 Provisions of Land Transport Act 1998 apply if offender disqualified under section 124 If an offender is disqualified from holding or obtaining a driver licence by an order made under section 124…
Section 127 — Interpretation of terms used in sections 128 to 142
127 Interpretation of terms used in sections 128 to 142 (1) For the purposes of this section and sections 128 to 142 , unless the context otherwise requires,— encumbrance , in relation to a motor…
Section 128 — Confiscation of motor vehicle
128 Confiscation of motor vehicle (1) This section applies if a person is convicted of any of the following offences: (a) an offence punishable by imprisonment for a term of more than 12 months, or…
Section 129 — Confiscation of motor vehicle after second offence
129 Confiscation of motor vehicle after second offence (1) This section applies if,— (a) on or after 26 July 1996, a person commits an offence (the first offence ) against any of sections 32(1)(a) or…
Section 130 — Court may order declaration of ownership to be completed
130 Court may order declaration of ownership to be completed (1) If a court is considering whether to order the confiscation of a motor vehicle under section 128 or section 129 , the court may order…
Section 131 — If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
131 If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle (1) This section applies if, in any case to which section 128 or section 129 would…
Section 132 — Enforcement of confiscation order
132 Enforcement of confiscation order (1) If a court makes a confiscation order under section 128 or section 129 , it must specify in that order the time and place at which the offender must…
Section 133 — Offence to remove confiscated vehicle
133 Offence to remove confiscated vehicle (1) A person commits an offence who removes or attempts to remove any motor vehicle surrendered to or seized by any bailiff or constable under section 132…
Section 134 — Defect in warrant does not make action unlawful
134 Defect in warrant does not make action unlawful (1) No confiscation made under the authority of section 132 is unlawful, and no person making a confiscation under the authority of section 132 is…
Section 135 — Registrar may direct order to be enforced in another District Court
135 Registrar may direct order to be enforced in another District Court (1) Despite anything in section 132 , if it appears to the Registrar of a District Court in which an order for the confiscation…
Section 136 — Offender must not acquire new interest in motor vehicle for 12 months
136 Offender must not acquire new interest in motor vehicle for 12 months (1) This section applies if— (a) a court makes an order for the confiscation of a motor vehicle under section 128 or section…
Section 137 — Sale of confiscated motor vehicles
137 Sale of confiscated motor vehicles (1) Subject to section 138 , as soon as practicable after a motor vehicle is delivered into a Registrar's custody under section 132 , the Registrar must arrange…
Section 138 — Disposal of unsaleable confiscated vehicle
138 Disposal of unsaleable confiscated vehicle If the Registrar has reasonable grounds to believe that a motor vehicle that is delivered into his or her custody under section 132 is unsaleable, the…
Section 139 — Procedure if notice given that vehicle subject to encumbrance
139 Procedure if notice given that vehicle subject to encumbrance (1) If notice is given to the Registrar within 1 month after the date of sale under section 137 that the confiscated motor vehicle is…
Section 140 — Party with interest may apply to Registrar
140 Party with interest may apply to Registrar (1) Any party (other than the offender) to a leasing agreement relating to the confiscated motor vehicle may apply to the Registrar, at any time before…
Section 141 — Party with interest may apply to court
141 Party with interest may apply to court (1) Any party (other than the offender) to any encumbrance other than a leasing agreement relating to the confiscated motor vehicle may apply to the court,…
Section 142 — Order may be cancelled on application by bona fide purchaser
142 Order may be cancelled on application by bona fide purchaser (1) On application to it by any person, the court must cancel a confiscation order made in respect of a motor vehicle if it is…
Section 143 — Sentence not invalidated by mistake in age of offender
143 Sentence not invalidated by mistake in age of offender (1) A sentence imposed on an offender for a particular offence is not invalid by reason only of the fact that the offender was, at the time…
Section 144 — Royal prerogative not affected
144 Royal prerogative not affected Nothing in this Act limits or affects the Royal prerogative of mercy. Compare: 1985 No 120 s 146
Section 145 — Enforcement of payment of amounts under sentence of reparation, reparation orders, etc
145 Enforcement of payment of amounts under sentence of reparation, reparation orders, etc (1) This section applies to— (a) any amount that is required to be paid under a sentence of reparation; or…
Section 145A — Manner in which amounts of reparation must be applied in cases involving same offence
145A Manner in which amounts of reparation must be applied in cases involving same offence (1) This section applies if a person (the liable person ) is required to pay an amount of reparation to 2 or…
Section 145B — Manner in which amounts of reparation must be applied in cases involving different offences
145B Manner in which amounts of reparation must be applied in cases involving different offences (1) This section applies— (a) if a person (the liable person ) is required to pay an amount of…
Section 145C — No Crown liability for error, etc, in applying payments of amounts of reparation
145C No Crown liability for error, etc, in applying payments of amounts of reparation The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of…
Section 145D — Definitions for sections 145A to 145C
145D Definitions for sections 145A to 145C In sections 145A to 145C ,— amount of reparation means— (a) any amount that is required to be paid under a sentence of reparation; or (b) any amount that is…
Section 146 — Consent to treatment, etc, not affected
146 Consent to treatment, etc, not affected (1) No sentence or condition imposed or order made under this Act limits or affects in any way any enactment or rule of law relating to consent to any…
Section 146A — A certificate of conviction for succession purposes
146A A certificate of conviction for succession purposes (1) On or at any time after sentencing a person for an offence against any Act of unlawfully killing another person or child that has not…
Section 147 — Regulations
147 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing forms for the purposes of this Act: (b)…
Section 148 — Reparation or fine for offence committed before commencement date
148 Reparation or fine for offence committed before commencement date (1) This section applies if an offender is sentenced on or after the commencement date for an offence committed before that date.…
Section 149 — Community-based sentence for offence committed before commencement date
149 Community-based sentence for offence committed before commencement date (1) This section applies if an offender is sentenced on or after the commencement date for an offence committed before that…
Section 150 — Community-based sentences imposed under Criminal Justice Act 1985
150 Community-based sentences imposed under Criminal Justice Act 1985 (1) This section applies to an offender who, immediately before the commencement date, was subject to a community-based sentence…
Section 151 — Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date
151 Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date (1) This section applies if— (a) an offender…
Section 152 — Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender
152 Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender (1) Except as provided in subsection (2) , nothing in section 86…
Section 153 — Offender convicted of specified offence committed before commencement date
153 Offender convicted of specified offence committed before commencement date (1) This section applies if— (a) an offender is sentenced on or after the commencement date for an offence committed…
Section 154 — Offender convicted of murder committed before commencement date
154 Offender convicted of murder committed before commencement date (1) This section applies if an offender is sentenced on or after the commencement date for the crime of murder committed before…
Section 155 — Suspended sentences of imprisonment
155 Suspended sentences of imprisonment (1) This section applies to an offender who, immediately before the commencement date, was subject to a suspended sentence of imprisonment imposed under the…
Section 156 — Corrective training
156 Corrective training (1) This section applies to an offender who, immediately before the commencement date, was subject to a sentence of corrective training imposed under section 68 of the…
Section 157 — Offenders liable to come up for sentence if called on
157 Offenders liable to come up for sentence if called on (1) This section applies to every order made under section 21 of the Criminal Justice Act 1985 requiring an offender to appear for sentence…
Section 158 — Non-association orders and confiscation of vehicles for offence committed before commencement date
158 Non-association orders and confiscation of vehicles for offence committed before commencement date (1) This section applies if an offender is sentenced on or after the commencement date for an…
Section 159 — Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985
159 Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985 Every non-association order, disqualification from driving order, or…
Section 160 — Person under 17 years of age imprisoned
160 Person under 17 years of age imprisoned (1) This section applies if, immediately before the commencement date,— (a) an offender was subject to a sentence of imprisonment imposed for any offence…
Section 161 — Custody of child or young person pending hearing
161 Custody of child or young person pending hearing Section 238 of the Children, Young Persons, and Their Families Act 1989 is amended by inserting, after subsection (1) , the following subsections:…
Section 162 — Restrictions on power of Court to order child or young person to be detained in custody
162 Restrictions on power of Court to order child or young person to be detained in custody Section 239 of the Children, Young Persons, and Their Families Act 1989 is amended by adding the following…