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Court
Imposed Fines
A Judge
may fine you in Court for an offence you've committed such as drink-driving,
disorderly behaviour, or theft.
The fine
may be your whole sentence or just part of it.
If
you're in Court when the Judge gives you a fine you should discuss
paying it before you leave the Court.
A few
days after your Court appearance the Court will send you a Notice
of Fine which is posted to you at the address that is provided to
the Court by the Prosecuting Authority (informant). This notice includes
details of:
- the offence
- your rights
- the total amount owing
- where you can pay
- the Due Date
If you
have not made arrangements to pay the fine when you appeared in Court
you have 28 days to either:
- Pay the Court fine in full; or
- Apply for an extension of the Due Date or for payments by instalment;
or
- Appeal the matter
If
you do not take any action within 21 days after your fine was lodged
in Court, you will receive a Final Notice of Fine.
This is
your final warning from the Court and you now have only a few days
to:
- Pay the Court fine (paid not just posted) in full by the Due
Date; or
- Apply for an extension of the Due
Date or for payments by instalment; or
- Appeal the matter
If the
Due
Date has passed and you have not:
- Paid the Court fine in full; or
- Applied for an extension of the Due
Date or for payments by instalment; or
- Appealed the decision
Enforcement action can now commence against you.
The
first step in the enforcement process is that an enforcement fee
of $100 is added to your Court fine. This is in addition to the
original fine, Court costs, and any other fees the Judge ordered
that you must pay (e.g. witness fees, towage fees)
There
are a number of enforcement steps open to the Court to collect the
unpaid Court fine. Enforcement action means the following:
Your
car can be clamped:
Your
car can be clamped under Section
94B of the Summary Proceedings Act. Cars can be clamped for
the unpaid fines of the driver or the registered owner of the vehicle.
The
car is only released upon:
-
Full payment
-
Resolution of the matter with the Court (if an error has occurred)
You
will not be able to apply for payment by instalment.
There
may be additional costs added to the unpaid fines if your car is
clamped.
It
is an offence to tamper with, remove, or attempt to remove a wheel
clamp. To do so may result in a fine not exceeding $1,000
Your
property can be taken and sold:
If
a fine remains unpaid the Court can issue a Warrant to Seize (under
Section
87(1)(a) of the Summary Proceedings Act 1957). This allows a
Bailiff to enter your property, by force if necessary, to take goods
you own (e.g. car or stereo).
Once
property has been seized, you have seven days to:
-
pay in full; or
- to
resolve the matter (if an error has occurred)
There
may be additional costs added to the unpaid fines (i.e. towage or
storage costs) if a Warrant to Seize is actioned
Goods
taken are normally sold at public auction. Any money raised from
the sale of the goods will be used firstly, to pay any costs associated
with its seizure and sale (i.e. auctioneers fees, towage or storage
costs) and then the remainder will go towards the unpaid fine
If
there is money still owing on the unpaid Court fine, after all the
costs have been paid, you are still liable for the unpaid balance.
Money
can be taken from your income:
The
Court, if unable to contact you, can request employer details from
the Inland Revenue Department or income details from Work and Income
NZ. When these details are returned, the Court can order deductions
directly from your income in order to pay the fine/s. Your employer,
or WINZ is legally obliged to make these deductions and only the
Court can stop these.
You
can be arrested:
If
you are unable to be contacted by the Ministry of Justice to pay
your unpaid fines, a Warrant for your Arrest can be issued (under
Section
88(1)(d) of the Summary Proceedings Act 1957). These can be
actioned by the Police
If
you come to the attention of the Police you may be arrested. You
will be brought before the Court to resolve the matter.
A
charging order can be taken over your property:
In
certain circumstances (e.g. over $10,000 is outstanding in unpaid
fines) the Court can place a charging order over property you
own (e.g. land or house). This allows the Court to recover any
unpaid fines owed by you when this property is sold.
Money
can get deducted directly from your bank account:
As
a last resort, the Court can deduct money owing on your fines directly
from your bank account. Your bank is legally obliged to make these
deductions and only the Court can stop these.
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