|
Section
133 of the Land Transport Act, 1998:
Owner Liability For Moving Vehicle Offences
Section
21 of the Summary Proceedings Act, 1957:
Summary Procedure for Infringement Offences
Section
78B of the Summary Proceedings Act, 1957:
Power to Correct Irregularities in Proceedings
for Infringement Offences
Section
86 of the Summary proceedings Act 1957:
Extension of Time To Pay
Section
86B of the Summary proceedings Act 1957:
Registrar may Vary, Suspend or Cancel Arrangement for
Extension of Time To Pay Fine or Attachment Order
Section
87 of the Summary Proceedings Act, 1957:
Action Where Fine Not Paid or Where Arrangement or Attachment Order Cancelled
Section
87A of the Summary Proceedings Act, 1957:
Publication of Name of Fines Defaulter
Section
88 of the Summary Proceedings Act, 1957:
Action Where Fine Remains Unpaid
Section
94B of the Summary Proceedings Act, 1957:
Immobilisation of Motor Vehicles
Section
280C and 280D of the Customs and Excise Act, 1996:
Interpretation and Disclosure of Arrival and Departure Information
for Fines Enforcement Purposes
Section
141AD and 141AE of the Immigration Act, 1987:
Interpretation and Disclosure of Immigration Information for
Fines Enforcement Purposes
Section
103 of the Privacy Act, 1993:
Notice of Adverse Action Proposed
Section
41A of the Transport Act, 1962:
Owner Liability For Stationary Vehicle Offences:
(1) In this section,--
"Stationary vehicle offence" means--
(a)
Parking in any portion of a road in breach of any Act or regulation,
or of any bylaw made under the authority of section 72 of this Act:
(b)
An offence against any of the following enactments:
(i)-(iv)
Repealed.
(v) Section 5 of the Transport (Vehicle and Driver Registration
and Licensing) Act 1986 (which relates to using or permitting
to be used on a road a vehicle that is not licensed and registered):
(vi) Section 17 of the Transport (Vehicle and Driver Registration
and Licensing) Act 1986 (which relates to using or permitting
to be used on a road a motor vehicle that has unauthorised,
deceptive, or obscured registration plates or an unauthorised
licence):
(vii) Section 34(1)(b) of the Land Transport Act 1998 (which relates
to operating a vehicle without current evidence of vehicle inspection
or a certificate of loading):
(c) Any offence
against any regulations made under this Act or the Transport (Vehicle
and Driver Registration and Licensing) Act 1986 that is declared
by such regulations to be a stationary vehicle offence for the
purposes of this definition:
"Proceedings"
means proceedings under the Summary Proceedings Act 1957, and includes
the issue of an infringement notice under section 42A of this Act.
(2) Proceedings for a stationary vehicle offence may be taken against
any one or more of the following persons:
(a) The person
who allegedly committed the offence:
(b) Any person
who, at the time of the alleged offence, was registered as the
owner, or one of the owners, of the vehicle involved in the offence
in a register kept under section 18 of the Transport (Vehicle
and Driver Registration and Licensing) Act 1986:
(c) Any person
who, at the time of the alleged offence, was lawfully entitled
to possession of the vehicle involved in the offence (whether
jointly with any other person or not)--
whether or not (in the case of a person referred to in paragraph
(b) or paragraph (c) of this subsection) the person is an individual
or was the driver, person in charge, or user of the vehicle at
the time the alleged offence was committed.
(3) Subject to
subsection (5) of this section, in any proceedings taken against a
person pursuant to paragraph (b) or paragraph (c) of subsection (2)
of this section it shall be conclusively presumed that--
(a)
The person was the driver, person in charge, and user of the vehicle
at the time of the alleged offence (whether or not the person is
an individual); and accordingly
(b) The acts or omissions of the driver, person in charge, or user
of the vehicle at that time were the acts or omissions of the first-mentioned
person.
(4) It shall be
a defence to proceedings taken against a person for a stationary vehicle
offence if the person proves that another person has, by virtue of
an order under the Summary Proceedings Act 1957, become liable to
pay a fine or costs, or both, in respect of the offence.
(5)
It shall be a defence to proceedings taken against a person pursuant
to paragraph (b) or paragraph (c) of subsection (2) of this section
if--
(a)
The person proves that, at the time the alleged offence was committed--
(i) He or
she was not lawfully entitled to possession of the vehicle (either
jointly with any other person or severally); or
(ii) Another person was unlawfully in charge of the vehicle;
and
(b) Forthwith
after becoming aware of the alleged offence he or she advised the
enforcement authority in writing that, at the time the offence was
committed, he or she was not lawfully entitled to possession of
the vehicle or another person unlawfully had charge of the vehicle,
as the case may be; and
(c) He or she has done everything reasonably possible on his or
her part to comply with all requests of the enforcement authority
to supply to the authority enforcement information regarding the
person lawfully entitled to possession, or who was in charge, of
the vehicle at the time of the alleged offence.
(6) In the case
of any stationary vehicle offence, any defence available under subsection
(4) or subsection (5) of this section is in addition to and not in
substitution for any defences available under the enactment creating
the offence.
(7)
This section shall have effect notwithstanding anything to the contrary
in any Act or rule of law.
Back
to the Top
Section
133 of the Land Transport Act, 1998:
Owner Liability For Moving Vehicle Offences:
(1) Proceedings for a moving vehicle offence may be taken against
any 1 or more of the following persons:
(a)
The person who allegedly committed the offence:
(b) A person who, at the time of the alleged offence, was registered
as the owner, or 1 of the owners, of the vehicle involved in the
offence in a register kept under section 18 of the Transport (Vehicle
and Driver Registration and Licensing) Act 1986:
(c)
A person who, at the time of the alleged offence, was lawfully entitled
to possession of the vehicle involved in the offence (whether jointly
with any other person or not);--
whether or not (in the case of a person referred to in paragraph
(b) or paragraph (c)) the person is an individual or was the driver
or person in charge of the vehicle at the time the alleged offence
was committed.
(2)
In proceedings taken against a person under paragraph (b) or paragraph
(c) of subsection (1), it is to be conclusively presumed that--
(a) The defendant
was the driver or person in charge of the vehicle at the time
of the alleged offence (whether or not the person is an individual);
and accordingly
(b) The acts or omissions of the driver or person in charge of
the vehicle at that time were the acts or omissions of the defendant.
(3)
It is a defence to proceedings against a person for a moving vehicle
offence if another person has, by virtue of an order under the Summary
Proceedings Act 1957, become liable to pay a fine or costs, or both,
in respect of the offence.
(4) It is a defence to proceedings against a person under paragraph
(b) or paragraph (c) of subsection (1) if,--
(a)
At the time the alleged offence was committed,--
(i) The
person was not lawfully entitled to possession of the vehicle
(either jointly with any other person or severally); or
(ii) Another
person was driving the vehicle; and
(b) Immediately
after becoming aware of the alleged offence, the person advised
the enforcement authority in writing that, at the time the offence
was committed, he or she was not lawfully entitled to possession
of the vehicle or another person was driving the vehicle (as the
case may be); and
(c) The person
has given the enforcement authority a statutory declaration-
(i) Identifying
the driver, by giving the name and address of the driver or
such other particulars within the person's knowledge as may
lead to the identification of the driver; or
(ii) Establishing
that the person could not identify the driver, after taking
all reasonable steps to do so.
(5)
In proceedings for a moving vehicle offence, a statutory declaration
given under subsection (4) is, in the absence of proof to the contrary,
sufficient evidence of the matters stated in the declaration; and
it is admissible for all purposes of any proceedings under this
section.
Back
to the Top
Section 21 of the Summary Proceedings Act, 1957:
Summary Procedure For Infringement Offences:
(1) Proceedings in respect of an infringement offence may be commenced--
(a)
With the leave of a District Court Judge or a Registrar, by laying
an information under this Act, or by filing a notice of prosecution
under section 20A of this Act; or
(b) Where an infringement notice has been issued in respect of the
offence, by providing particulars of a reminder notice in
accordance with subsections (4) and (4A), or by filing a
notice of hearing in a court, under this section.
(2) Where--
(a) An infringement
notice has been issued in respect of an infringement offence;
and
(b) On the
expiration of 28 days from the date of service of the notice,
or a copy of the notice,--
(i) The
infringement fee for the offence has not been paid to the informant
at the address specified in the notice; and
(ii) The
informant has not received at that address a notice requesting
a hearing in respect of the offence,--
(c)
the informant may serve on the person or one of the persons served
with the infringement notice, or a copy of the infringement notice,
a reminder notice in the prescribed form containing the same or
substantially the same particulars as the infringement notice.
(2AA) The reminder notice referred to in subsection (2) and subsection (3C)
must,--
(a) if a form
has been prescribed in any other Act or in regulations made under any other
Act for the relevant infringement offence or the relevant class of
infringement offences, be in that form; or
(b) if no form
has been so prescribed, be in the general form prescribed in regulations made
under this Act.
(2A) For the purposes of this section, a reminder notice that is in a
form prescribed under any Act or in any Regulation made under that Act is to be treated
as containing substantially the same particulars as the relevant
infringement notice under that Act or those Regulations.
(3) The informant may provide particulars of the reminder notice
in accordance with subsections (4) and (4A) if--
(a) a reminder
notice has been served under subsection (2);
and
(b) on the
expiration of 28 days from the date of service of that notice,--
(i) the
infringement fee for the offence has not been paid to the informant
at the address specified in the notice; and
(ii) the informant
has not received at that address a notice requesting a hearing
in respect of the offence.
(3A)
If--
(a) The informant
has not provided particulars of a reminder notice under subsection
(3), in accordance with subsections (4) and (4A); and
(b) The informant
has instituted the necessary management and accounting systems
to allow the defendant to pay the infringement fee to the informant
by instalments,--
the
informant may, but is not required to, enter into an arrangement
allowing the defendant to pay the infringement fee to the informant
by instalments.
(3B)
An arrangement under subsection (3A) must--
(a) Be entered
into before the close of the date that is 6 months from the time
when the infringement offence is alleged to have been committed;
and
(b) Be completed
before the close of the date that is 12 months from the time when
the infringement offence is alleged to have been committed.
(3C)
If the informant has entered into an arrangement under subsection
(3A), and default is made in the payment of any instalment, the
informant may,--
(a) Despite
subsection (3B) (a), enter into another arrangement under subsection
(3A) allowing the defendant to pay the infringement fee to the
informant by instalments; or
(b) Serve
on the defendant or 1 of the defendants served with the infringement
notice, or a copy of the infringement notice, a reminder notice
in the prescribed form containing the same or substantially the
same particulars as the infringement notice.
(3D)
The informant may provide particulars of the reminder notice in
accordance with subsections (4) and (4A) if --
(a) a reminder
notice has been served under subsection (3C) (b); and
(b) on the
expiration of 28 days from the date of service of that notice,
the infringement fee for the infringement offence has not been
paid to the informant at the address specified in the notice.
(4)
For the purposes of subsections (1), (3), and (3D) and subsections
(4A) to (5A), the particulars of a reminder notice are:
(a) the contents of the reminder notice, or such parts of the
reminder notice that are prescribed as the particulars for the
purposes of this subsection; and
(b) any particulars relating to the service of the infringement
notice and reminder notice that may be prescribed; and
(c) any other particulars that may be prescribed.
(4A) The particulars described in subsection (4)--
(a) must be provided by the informant in electronic form in a manner
and by means of an electronic system approved by the chief executive
of the Ministry of Justice; and
(b) once provided, must, for the purposes of any enactment or rule
of law, be treated as information held in a Court in relation to its
judicial functions.
(4B) Particulars of a reminder notice provided under subsection (3) or
subsection (3D), and in accordance with subsection (4A), must be verified
by the Ministry of Justice to ensure they contain the particulars described
in subsection (4)(a) and (b), in accordance with a procedure approved by
the chief executive of the Ministry of Justice.
(4C) When particulars of a reminder notice provided under subsection (3)
or subsection (3D) are verified under subsection (4B) as containing the
particulars described in subsection (4)(a) and (b), the reminder notice
is deemed to have been filed in the Court appointed for the exercise of
the criminal jurisdiction which is the nearest by the most practicable
route to the place where the offence was alleged to have been committed.
(5) If, following the verification under subsection (4B) of particulars
of a reminder notice provided under subsection (3), a reminder notice is
deemed to have been filed in a Court within 6 months from the time when
the offence is alleged to have been committed, an order is deemed to have
been made in that Court (as if on the determination of an information in
respect of the offence) that the defendant pay a fine equal to the amount
of the infringement fee for the offence together with costs of the
prescribed amount.
(5A) If, following the verification under subsection (4B) of particulars
of a reminder notice provided under subsection (3D), a reminder notice
is deemed to have been filed in a Court within 12 months from the time
when the infringement offence is alleged to have been committed, an
order is deemed to have been made in that Court (as if on the
determination of an information in respect of the offence) that the
defendant pay a fine equal to the amount of the infringement fee then
remaining unpaid for the offence together with costs of the prescribed
amount.
(5AB) An order under subsection (5) or subsection (5A) is deemed to
have been made on the date that the relevant reminder notice is deemed
to have been filed under subsection (4C).’
(5B)
If the informant has entered into an arrangement under subsection
(3A) or subsection (3C) (a), no defendant may give notice requesting
a hearing in respect of the infringement offence to which the arrangement
applies.
(6)
A notice requesting a hearing in respect of an infringement offence
must--
(a) Be in
writing signed by the person or one of the persons served with
the infringement notice in respect of the offence, or a copy of
the infringement notice; and
(b) Be delivered
to the informant at the address specified in the infringement
notice before or within 28 days after service of a reminder notice
in respect of the offence, or within such further time as the
informant may allow.
(7) A
person giving notice requesting a hearing in respect of an infringement
offence may, if the person thinks fit, in that notice--
(a) Admit
liability in respect of the offence; and
(b) Make
any submissions as to penalty or otherwise that the defendant
would wish to be considered by a Court hearing proceedings in
respect of the offence.
(8)
Where a notice requesting a hearing in respect of an infringement
offence is given in accordance with this section, the following
provisions shall apply:
(a)
The informant shall, if it is proposed that proceedings be commenced
in respect of the offence, file in a Court a notice of hearing in
the prescribed form:
(b) Where the defendant does not, in the notice requesting a hearing,
admit liability in respect of the offence, the informant shall serve
on the defendant a copy of the notice of hearing filed pursuant
to paragraph (a) of this subsection:
(c) Where the defendant does, in the notice requesting a hearing,
admit liability in respect of the offence, the informant shall file
that notice in the Court in which the notice of hearing is filed:
(d) Where a notice of hearing is filed in a Court within 6 months
from the time when the offence is alleged to have been committed,
the provisions of this Act and the Costs in Criminal Cases Act 1967
shall apply, with such modifications as are necessary,--
(i)
In relation to the notice of hearing, as if it were an information:
(ii) In
relation to a copy of the notice served on the defendant pursuant
to paragraph (b) of this subsection, as if it were a summons
to the defendant:
(iii) In
relation to a notice of the defendant filed in the Court pursuant
to paragraph (c) of this subsection, as if it were a notice
of the defendant pleading guilty to the offence pursuant to
section 41 of this Act.
(9)
Where a defendant is found guilty of, or pleads guilty to, an infringement
offence for which an infringement notice has been issued, the Court
shall order the defendant to pay costs of the prescribed amount
in addition to the fine (if any) and other costs (if any) ordered
by the Court.
(10)
In any proceedings for an infringement offence for which an infringement
notice has been issued--
(a) It shall
be a defence if the defendant proves that the infringement fee
for the offence has been paid to the informant at the address
specified in the notice before or within 28 days after service
on the defendant of a reminder notice in respect of the offence:
(b) It shall
not be a defence that the infringement fee for the offence has
been paid otherwise than as referred to in paragraph (a) of this
subsection.
(11)
Where an infringement fee is paid to the informant at the address
specified in the infringement notice but not within the time referred
to in subsection (10) (a) of this section, the amount paid may be
held and applied towards any fine or costs that the defendant may
become liable to pay in respect of the offence.
(12) In any proceedings for an infringement offence for which an infringement
notice has been issued it shall be presumed, unless the contrary is
proved, that--
(a) The infringement
notice in respect of the offence has been duly issued, and the
notice, or a copy of the notice, has been served on the defendant:
(b) Any reminder
notice or copy of a notice of hearing required to have been served
on the defendant has been duly served:
(c) The infringement
fee for the offence has not been paid as required under this section.
(13)
If the informant has entered into an arrangement under subsection
(3A) or subsection (3C) (a), and default is made in the payment
of any instalment, proceedings may be taken as if default had been
made in the payment of all instalments then remaining unpaid.
Back
to the Top
Section 78B of the Summary Proceedings Act, 1957:
Power to Correct Irregularities in Proceedings for Infringement
Offences:
(1) This section applies if a defendant is deemed to have been ordered, or is ordered,
to pay a fine or costs or both under section 21 and--
(a)
a District Court Judge or Registrar, on the application of the defendant,
is satisfied, whether on the basis of a statutory declaration or evidence given before
the Judge, that--
(i)
the defendant is not a person to whom the infringement notice was issued or on whom
the notice is deemed to have been served; or
(ii)
the defendant did not in fact receive the reminder notice, or a copy of the notice
of hearing, required to have been served on the defendant under section 21; or
(iii)
some other irregularity occurred in the procedures leading up to the order for the
fine or costs, or both; or
(iv)
the defendant believed on reasonable grounds that he or she had requested a
hearing under section 21, but this request was not acted on by the informant; or
(v)
the defendant reasonably believed that he or she had been advised by the informant
that action would not be taken under section 21(3); or
(vi)
the defendant reasonably believed that he or she had been advised by the informant
that further time for requesting a hearing would be allowed under sectin 21(6)(b),
but action was taken under section 21(3) before that further time had expired; or
(vii)
the defendant--
(A)
had, in writing, requested further relevant information from the informant
in relation to the infringement offence; and
(B)
had made the request within a time that would reasonably enabled the informant to
respond before the earliest time at which the informant would be entitled to take
action under section 21(3); and
(C)
believed on reasonable grounds that the informant had not refused to provide the
requested information and that action would not be taken under section 21(3) before that
information had been provided; and
(D)
was not provided with the information before action was taken under section 21(3); or
(b) the informant applies to a District Court Judge or Registrar to withdraw the reminder
noticed filed or deemed to have been filed under section 21.
(2)
The Judge or, subject to subsections (3) and (4), the Registrar may do one or more of
the following:
(a)
authorise the informant to serve a reminder notice on a person other than the
defendant (being a person to whom the infringement notice was issued or on whom it
was deemed to have been served):
(b)
authorise the informant to serve on the defendant another copy of the reminder notice
or the notice of hearing and, for that purpose, required the defendant to specify an
address at which personal service, service by post, or service by either method may be
effected:
(c)
grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing
immediately or set it down for a later date:
(d)
set aside or modify the order:
(e)
make any other order as to costs or otherwise that the Judge or Registrar considers
appropriate in the circumstances.
(3)
If a Registrar considering an application under subsection (1)(a) is satisfied that any
of subparagraphs (i) or (iv) to (vii) of subsection (1)(a) applies, the Registrar must not
exercise the power conferred by subsection (2)(a) or (b) except with the consent of the
informant.
(4)
A Registrar may not exercise the power conferred by subsection (2)(d).
(5)
If a Judge or Registrar exercises a power under subsection (2)(a), (b) or (c), the
order made or deemed to have been made against the defendant ceases to have effect
and the Registrar must take appropriate steps to ensure that the order is not acted on.
(6)
If a defendant granted a hearing or rehearing under this section does not appear, the
Court may, if it thinks fit, without hearing or rehearing the matter, direct that the original
order be restored.
Back
to the Top
Section
86 of the Summary Proceedings Act 1957:
Extension
of Time To Pay:
(1)
If a fine is payable and is not subject to an order for immediate
payment, the Registrar may enter into an arrangement with a defendant
providing for either or both of the following:
(a) Allowing a greater time
for payment:
(b) Allowing payment to be made
by instalments.
(2) If the Registrar enters into an arrangement under subsection
(1), the period for which the fine remains unpaid must not exceed
5 years after the date on which the arrangement is entered into.
(3) Before the Registrar enters into an arrangement under subsection
(1), the Registrar may consider any information received from any
source about the defendant's financial position.
(4) If a fine may be paid by instalments and default is made in
the payment of any instalment, proceedings may be taken as if default
had been made in the payment of all instalments then remaining unpaid.
Back
to the Top
Section
86B of the Summary Proceedings Act 1957:
Registrar
may Very, Suspend, or Cancel Arrangement for Extension of Time To Pay Fine or
Attachment Order
(1)
A Registrar may very, suspend, or cancel an arrangement extending the time to pay a
fine, or attachment order, if the Registrar has reason to believe that--
(a)
the defendant has, for the purpose of entering into the arrangement, or in connection
with the making of the attachment order, supplied false or misleading information about
the defendant's financial position; or
(b)
the defendant's financial position has changed significantly since the date on which--
(i)
the arrangement was entered into; or
(ii)
the attachment order was made.
(2)
A Registrar may vary, suspend, or cancel an arrangement extending the time to pay a
fine if another fine that is not subject to the arrangement is imposed on the defendant
and--
(a)
the defendant agrees in writing to the variation, suspension, or cancellation proposed
by the Registrar; or
(b)
the defendant defaults in the payment of the subsequent fine, and--
(i)
the Registrar is unable to contact the defendant; or
(ii)
the Registrar contacts the defendant but is unable to reach any agreement with the
defendant as to how the subsequent fine is to be paid.
(3)
A Registrar may vary, suspend, or cancel an attachment order, if another fine that is
not subject to the attachment order is imposed on the defendant and the defendant
defaults in the payment of the subsequent fine, and--
(a)
the Registrar is unable to contact the defendant; or
(b)
the Registrar contacts the defendant, but is unable to reach any agreement with the
defendant as to how the subsequent fines is to be paid.
(4) Before exercising the power in subsection (1) on the ground the subsection (1)(b)
applies, the Registrar must consult with the chief executive of any appropriate
government department or other government body that the Registrar has reasonable
grounds to believe has information that is relevant to the defendant's financial position.
(5) If subsection (1), (2)(b)(ii), or (3)(b) applies, before varying, suspending, or cancelling
an arrangement extending the time to pay or the attachment order, as the case may be,
the Registrar must--
(a) serve on the defendant a written notice--
(i) setting out the action that the Registrar proposes to take and the reasons for
the action; and
(ii) indicating that the defendant may make a written submission to the Registrar as
to why the Registrar should not take the proposed action and that this submission must
be received by the Registrar within 10 working days after the date of the notice; and
(b) consider any written submissions received from the defendant within the 10-working day
period referred to in paragraph (a)(ii).
(6) A notice under subsection (5) is sufficiently served if--
(a) it is delivered to the defendant; or
(b) it is sent to the defendant by ordinary post to the defendant's last known place of
residence or business.
(7) The variation, suspension, or cancellation of an arrangement extending the time to pay takes effect,
(a) where subsections (1) or (2)(b)(ii) apply,--
(i) if no written submissions are received by the Registrar within the 10-working day
period referred to in subsection (5)(b), on the expiry of that period; or
(ii) if written submissions are received by the Registrar within the 10-working day
period referred to in subsection (5)(b) and the Registrar decides to proceed with the
proposed action, on a date specified by the Registrar in a further written notice
served on the defendant; or
(b) where subsection (2)(a) applies, on the date that the Registrar receives the written
agreement of the defendant under that subsection; or
(c) where subsection (2)(b)(i) applies, on a date specified by the Registrar.
(8) If the Registrar suspends or cancels an attachment order in accordance with this section,--
(a) the Registrar must serve a notice of the suspension or cancellation on the employer
to whom it relates; and the provisions relating to service in subsections (1) and (2)
of section 104 apply with any necessary modifications; and
(b) the suspension or cancellation takes effect when the notice is served on the employer
in accordance with this subsection.
(9) If the Registrar varies an attachment order under this section, the Registrar must issue a
new attachment order under section 87 in place of the existing order.
(10) In this section and sections 87 and 87AA, arrangement extending the time to pay a fine
means an arrangement that--
(a) provides for either or both of the following:
(i) allowing a defendant a greater time to pay a fine:
(ii) allowing a defendant to pay a fine by instalments; and
(b) is entered into by--
(i) a Registrar under section 86; or
(ii) a bailiff under section 86A (in which case the arrangement must have come
into force in accordance with that section).
Back
to the Top
Section
87 of the Summary Proceedings Act, 1957:
Action Where Fine Not Paid or Where Arrangement or Attachment Order Cancelled:
(1) If the defendant defaults in the payment of any fine or a Registrar cancels an arrangement
extending the time to pay a fine, or an attachment order, in accordance with section 86B,
the Registrar may--
(a) issue a warrant to seize property; or
(b) make an attachment order attaching any salary or wages payable or to become payable
to the defendant; or
(c) issue a deduction notice requiring a bank to deduct the amount due from a sum payable
or to become payable to the defendant.
(2) Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.
(3) The powers conferred by this section may not be exercised by a Registrar who is a constable.
Back
to the Top
Section
87A of the Summary Proceedings Act, 1957:
Publication of Name of Fines Defaulter:
(1) This section applies if-
(a)
A defendant has been ordered by a Court (other than a Youth Court) to pay any fine; and
(b) The defendant has not made any payment in respect of the fine for at least 3 months before the date on which the Registrar proposes to arrange the publication of a notice under subsection (2) of this section relating to the defendant; and
(c) The defendant owes not less than $500 in unpaid fines; and
(d) Either the fine is not subject to any arrangement under section 81 or section 86 or section 86A of this Act allowing payment of the fine over a specified period or the fine is subject to such an arrangement but the defendant is not for the time being observing the terms of the arrangement; and
(e) No name suppression order was made in respect of the defendant in the proceedings in which the fine was imposed; and
(f) The Registrar has been unable to locate the defendant after using reasonably available sources of information; and
(g) The Registrar has confirmed the identity of the defendant by checking information held in relation to the defendant on any database accessible to the Registrar; and
(h) The Registrar has no reason to suspect that the defendant has died.
(2)
If this section applies, the Registrar may cause notice of the fines defaulter to be published in any newspaper and the notice may include one or more of the following details:
(a)
The name of the defendant:
(b) The defendant's current or last known address:
(c) The defendant's age (in years).
(3)
A Registrar who causes the publication under subsection (2) of this section of any particulars relating to a defendant shall take all reasonable steps to ensure that the particulars published are accurate and current.
Back
to the Top
Section
88 of the Summary Proceedings Act, 1957:
Action Where Fine Remains Unpaid:
(1) This section applies if--
(a) the Registrar has taken enforcement action under section 87 but the fine remains unpaid; or
(b) the Registrar is satisfied that the defendant does not have the means to pay the fine; or
(c) the Registrar is satisfied that--
(i) reasonable steps have been taken to locate the defendant but the defendant
has not been located and therefore enforcement action would be unlikely to be
effective; or
(ii) for any other reason enforcement action would be unlikely to be effective.
(2) The Registrar may--
(a) order that the defendant be brought before the Registrar; or
(b) refer the matter to a District Court Judge or Community Magistrate
with a report on the circumstances of the case.
(2A) If the Registrar refers a matter to a District Court Judge or a Community Magistrate,
the Registrar may order that the defendant be brought before the Judge or Community Magistrate.
(2B) For the purposes of subsection (2)(a) or subsection (2A) the Registrar may, if necessary,
issue a warrant for the defendant's arrest.
(2C) Without limiting any other provision of this Act, a warrant for the defendant's arrest
under subsection (2B) may be in the form of a computer printout of information entered by
a Registrar into a computer system accessible to the police or a bailiff, and the following
provisions apply in relation to every such warrant:
(a) information about a defendant that is so entered by the Registrar may be printed
out by a sworn member of the police or a bailiff, and for all purposes constitutes a
warrant for the arrest of the defendant:
(b) the absence of any signature on the printout does not affect its validity as a warrant:
(c) the warrant is valid for a period of 7 days beginning on the date of its printing,
and the warrant then lapses:
(d) at any time and from time to time after a warrant lapses under paragraph (c),--
(i) the Registrar may re-enter the particulars into the same computer system
or enter the particulars into any other computer system available to the police
or a bailiff:
(ii) a sworn member of the police or a bailiff may obtain a further printout of
the original information entered by the Registrar or obtain a printout of the
re-entered information or of the information entered into the other computer
system, and every such printout constitutes a fresh warrant for the arrest of
the defendant.
(2D) A warrant issued under this section may be executed by a sworn member of the police or by a bailiff.
(2E) If a defendant is arrested under a warrant issued for the purpose of subsection (2)(a), the following
provisions apply:
(a) the defendant must be brought before the Registrar:
(b) the defendant is bailable as of right:
(c) section 46 of this Act and Part 3 of the Bail Act 2000 apply with any necessary modifications
as if the appearance before the Registrar constituted part of the hearing of a charge:
(d) for the purpose of any bail application by the defendant, if the defendant cannot practicably
be brought immediately before the Registrar, a District Court Judge or a Community Magistrate,
any member of the police or a bailiff may take the bail bond of the defendant and Parts 1 to 3
of the Bail Act 2000 apply with necessary modifi- cations as if the bail bond were taken by a
member of the police under section 21(1) of the Bail Act 2000.
(2F) If a defendant is arrested under a warrant issued for the purpose of subsection (2A), the following
provisions apply:
(a) the defendant must be brought before a District Court Judge or a Community Magistrate or,
if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
(b) where the defendant is brought before the Registrar, the Registrar must appoint a time and
place for the defendant to appear before a District Court Judge or a Community Magistrate:
(c) the defendant is bailable as of right:
(d) section 46 of this Act and Part 3 of the Bail Act 2000 apply with necessary modifications
as if the appearance before the Registrar or a District Court Judge or a Community Magistrate
constituted part of the hearing of a charge:
(e) if the defendant cannot practicably be brought immediately before a District Court Judge
or a Community Magistrate or the Registrar, any member of the police or a bailiff may take
the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 apply with necessary
modifications as if the bail bond were taken by a member of the police under section 21(1)
of the Bail Act 2000.
(2G) If a defendant is brought before a Registrar under subsection (2)(a), the Registrar may examine
the defendant as to his or her financial position and may--
(a) invoke one or more of the enforcement actions in section 87; or
(b) enter into an arrangement with the defendant under section 86; or
(c) if the Registrar is satisfied that neither of the actions described in paragraphs (a)
or (b) will be effective, refer the defendant to a District Court Judge or a Community
Magistrate with a report on the case, in which case subsections (2A) to (2D) and subsection
(2F) apply.
(3) Subject to subsection (3AA) of this section, the District Court
Judge or Community Magistrate may, after considering the report
of the Registrar, and the financial position of the defendant (whether
determined from any financial statement prepared by the defendant
or from other sources)--
(a) Refer
the matter to the Registrar with a direction that one or more
of the enforcement procedures referred to in section 87 (1) of
this Act, as specified in the direction, be invoked; or
(b) Subject
to section 106E of this Act, direct that a warrant of commitment
in the prescribed form be issued; or
(c) Subject
to sections 55 to 80 of the Sentencing Act 2002, sentence the defendant to community work; or
(d) repealed
(e) repealed
(f) Direct that action be taken under paragraph (a) or paragraph
(b) of this subsection in respect of a lesser amount than the
fine due; or
(fa)
if the amount that the defendant owes in respect of 1 unpaid fine,
or in total in respect of more than 1 unpaid fine, is $5,000 or more,
refer the matter to the Registrar with a direction that action be taken
under section 96A of the District Courts Act 1947 in relation to 1 or all
of the fines making up the total owing by the defendant as if the fine or
fines were an order for the payment of money and as if the Registrar had
obtained the order; or.
(fb) Direct
that a greater time for payment of the fine be allowed subject
to such conditions as may be directed by the Judge or Community Magistrate; or
(g) Direct
that no further enforcement proceedings be taken in respect of
the fine for such period or subject to such conditions as may
be directed by the Judge or Community Magistrate; or
(h) Remit
the fine or a part of the fine.
(3AAA)
No Community Magistrate may direct, under subsection (3) (b), the
issue of a warrant of commitment or impose, under subsection (3) (e),
a sentence of corrective training; but, in any case where a Community
Magistrate considers the issue of such a warrant or the imposition
of such a sentence to be appropriate, the Community Magistrate must
refer the matter to a District Court Judge, in which case sections
45 to 59 of this Act, so far as they are applicable and with the necessary
modifications, apply.
(3AA) Notwithstanding anything in subsection (3) of this section,
where--
(a) The fine
was imposed in respect of a traffic offence (as defined in section
2 (1) of the Children, Young Persons, and Their Families Act 1989)
not punishable by imprisonment; and
(b) At the
date of the commission of the offence, the defendant was a young
person within the meaning of that Act,--
neither
a period of imprisonment must not be imposed under subsection (3) of this section on the defendant
in respect of the fine.
(3A)
Where a District Court Judge or Community Magistrate exercises
any power conferred by subsection (3) of this section and considers
it appropriate to so, he or she may also make an order under subsection
(9) of this section for the return of the defendant.
(4) repealed
(5)
A warrant of commitment, or a sentence of community service, periodic
detention, or corrective training, may be issued or imposed under
this section notwithstanding that the defendant was not liable to
be imprisoned on the determination of the information or complaint
in respect of which the fine was imposed.
(6)
Any warrant of commitment directed to be issued under this section
may be issued by any District Court Judge and may be withdrawn at
any time by any District Court Judge.
(7)
Where any direction is given under subsection (3) (f) of this section,
the difference between the amount due under the fine and the amount
in respect of which action is directed to be taken under that provision
shall cease to be payable and no proceedings shall be taken or continued
for its recovery.
(8)
Where a District Court Judge or Community Magistrate makes any
order (other than a direction for the issue of a warrant of commitment)
under this section, the Judge or Community Magistrate may postpone
the issue or defer the operation of the order for such period and
subject to such conditions as he or she may direct.
(9)
Where a District Court Judge or Community Magistrate makes any
order (other than an order that directs the issue of a warrant of
commitment) under this section, and considers it appropriate to
do so, he or she may also issue an order for the return of the defendant;
but the order shall not be executed until such time as the defendant
ceases to comply with any of the conditions of the order, including
(without limitation) the making of periodic payments due under an
attachment order.
(10)
An order for the return of the defendant issued under subsection
(9) of this section may be executed by a bailiff.
(11)
Where a fine is being paid by attachment order, no order issued
under subsection (9) of this section for the return of a defendant
shall be executed until such time as the Registrar has confirmed
with the employer that no periodic payment or payments have been
made and the reason why no such payment or payments have been made.
(12)
Where a defendant is detained pursuant to an order issued under
subsection (9) of this section, the provisions of subsection (2)
of this section shall apply.
Back
to the Top
Section 94B of the Summary Proceedings Act, 1957:
Immobilisation Of Motor Vehicles:
(1) Any bailiff or constable executing a warrant to seize property
may, instead of seizing any motor vehicle, immobilise the vehicle
by attaching to the vehicle any device designed for the purpose,
pending the payment of the unpaid fine.
(2) No vehicle shall be immobilised pursuant to subsection (1) of
this section unless--
(a) At the
time of its immobilisation, it is on private property; or
(b) At the
time of its immobilisation, it is in a public place and the bailiff
or constable is satisfied that immobilising the vehicle will
not cause undue inconvenience to other persons.
(3) Where
any motor vehicle is immobilised pursuant to subsection (1) of this
section, any bailiff or constable--
(a) May at
any time seize the vehicle:
(b) Shall,
on the direction of a Registrar, seize the vehicle--
and section 94 (5) of this Act shall apply accordingly.
(4)
Where, 14 days after the date of the immobilisation of any motor
vehicle pursuant to subsection (1) of this section, the fine remains
unpaid, the Registrar shall direct a bailiff or constable to seize
the vehicle.
(5)
Every person commits an offence and is liable on summary conviction
to a fine not exceeding $1,000 who, without reasonable excuse, tampers
with, removes, or attempts to remove a device attached to a vehicle
pursuant to subsection (1) of this section.
Back
to the Top
Sections 280C and 280D of the Customs and Excise Act 1996
Interpretation and Disclosure of Arrival and Departure Information for Fines Enforcement Purposes
280C Interpretation
In sections 280D and 280E, unless the context otherwise requires,--
authorised officer-
(a) means any officer, employee, or agent of the Department who is authorised
by the chief executive of the Department to supply information to, or receive
information from, the chief executive of the Customs under section 280D; and
(b) includes any sworn member of the police
Department means the Ministry of Justice or other department of State that,
with the authority of the Prime Minister, is for the time being responsible for the
enforcement of fines
fine means--
(a) a fine within the meaning of section 79 of the Summary Proceedings Act 1957
or an amount of reparation:
(b) a fine or other sum of money to which any of sections 19 to 19E of the Crimes
Act 1961 applies:
(c) a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act
1978 applies
fines enforcement action includes the execution of a warrant to arrest a person in
respect of the non-payment of the whole, or of any part, of any fine
identifying information means personal information that identifies an individual,
which may include the individual’s passport number
reparation means--
(a) any amount that is required to be paid under a sentence of reparation; or
(b) any amount that is required to be paid under any order of reparation as
defined in section 145D of the Sentencing Act 2002 serious default, in relation
to a person, means that--
(a) the person owes--
(i) an amount of $1,000 (or any other amount that may be fixed
by the Governor-General by Order in Council) or more in relation
to 1 or more unpaid fines (other than an amount of reparation); or
(ii) any amount of reparation; and
(b) a warrant to arrest the person has been issued in respect of the
non-payment of the whole, or of any part, of any amount referred to in
paragraph (a); and
(c) the warrant has not been withdrawn or executed.
280D Disclosure of arrival and departure information for fines enforcement purposes
(1) The purpose of this section is to facilitate the exchange of information
between the Customs and the Department to enable--
(a) the Department to locate any person who is in serious default in
the payment of any fine; and
(b) appropriate fines enforcement action to be taken against that person.
(2) For the purpose of this section, an authorised officer may supply to the
chief executive of the Customs any identifying information about a person who
is in serious default.
(3) If, in relation to a person who is in serious default, identifying information
is supplied in accordance with subsection (2), the chief executive of the Customs
may compare that information with any information held by the Customs that relates
to that person.
(4) If the Customs has information relating to a person who is in serious default,
the chief executive of the Customs may, for the purpose of this section, supply to
an authorised officer any of the following information relating to that person held
by the Customs:
(a) the person's full name:
(b) the person's date of birth:
(c) the person's sex:
(d) the person's passport number:
(e) the person's nationality:
(f) if the person arrived or, as the case may be, departed by aircraft,
the flight number of the aircraft:
(g) if the person arrived or, as the case may be, departed by ship,
the name of the ship:
(h) the date on which the person arrived in, or (as the case may be)
departed from, New Zealand.
(5) The chief executive of the Customs and the chief executive of the
Department may, for the purpose of this section, determine by agreement
between them--
(a) the frequency with which information may be supplied; and
(b) the form in which information may be supplied; and
(c) the method by which information may be supplied.
Back to the Top
Section 141AD and 141AE of the Immigration Act 1987
Interpretation and Disclosure of Immigration Information for Fines Enforcement Purposes
141AD Interpretation
In sections 141AE and 141AF, unless the context otherwise requires,--
authorised officer means any officer, employee, or agent of the Department
who is authorised by the chief executive of the Department to supply information
to, or receive information from, the Secretary of Labour under section 141AE
Department means the Ministry of Justice or other department of State that,
with the authority of the Prime Minister, is for the time being responsible for
the enforcement of fines
fine means--
(a) a fine within the meaning of section 79 of the Summary Proceedings Act
1957 or an amount of reparation:
(b) a fine or other sum of money to which any of sections 19 to 19E of the
Crimes Act 1961 applies:
(c) a fine to which any of sections 43 to 46 of the Misuse of Drugs
Amendment Act 1978 applies
fines enforcement action includes the execution of a warrant to arrest a
person in respect of the non-payment of the whole, or of any part, of any fine
identifying information means personal information that identifies an
individual, which may include the individual’s passport number
reparation means--
(a) any amount that is required to be paid under a sentence of reparation; or
(b) any amount that is required to be paid under any order of reparation as
defined in section 145D of the Sentencing Act 2002
serious default, in relation to a person, means that--
(a) the person owes--
(i) an amount of $1,000 (or any other lesser amount that may be fixed
by the Governor-General by Order in Council) or more in relation to 1
or more unpaid fines (other than an amount of reparation); or
(ii) any amount of reparation; and
(b) a warrant to arrest the person has been issued in respect of the
non-payment of the whole, or of any part, of any amount referred to in
paragraph (a); and
(c) the warrant has not been withdrawn or executed.
141AE Disclosure of immigration information for fines enforcement purposes
(1) The purpose of this section is to facilitate the exchange of information between
the Department of Labour and the Department to enable--
(a) the Department to locate any person who is in serious default in the payment
of any fine; and
(b) appropriate fines enforcement action to be taken against that person.
(2) For the purpose of this section, an authorised officer may supply to the Secretary
of Labour any identifying information about a person who is in serious default.
(3) If, in relation to a person who is in serious default, identifying information is
supplied in accordance with subsection (2), the Secretary of Labour may compare that
information with any information held by the Department of Labour that relates to that
person.
(4) If the Department of Labour has immigration information relating to a person who is
in serious default, the Secretary of Labour may, for the purpose of this section, supply
to an authorised officer any of the following information relating to that person held
by the Department of Labour:
(a) the person's full name:
(b) the person's date of birth:
(c) the person's sex:
(d) the person's nationality:
(e) the person's address (if known):
(f) the person's occupation (if known):
(g) the expiry date of any permit granted to the person (if applicable):
(h) the date that the person is expected to return to New Zealand (if applicable).
(5) The Secretary of Labour and the chief executive of the Department may, for the purpose
of this section, determine by agreement between them--
(a) the frequency with which information may be supplied; and
(b) the form in which information may be supplied; and
(c) the method by which information may be supplied.
Back to the Top
Section 103 of the Privacy Act 1993
Notice of Adverse Action Proposed
(1) Subject to subsections (1A) to (2A) of this section, a specified agency shall not take adverse
action against any individual on the basis (whether wholly or in part) of a discrepancy produced
by an authorised information matching programme--
(a) unless that agency has given that individual written notice--
(i) specifying particulars of the discrepancy and of the adverse action that it
proposes to take; and
(ii) stating that the individual has 5 working days from the receipt of the notice
in which to show cause why the action should not be taken; and
(b) until the expiration of those 5 working days.
(1A) Nothing in subsection (1) of this section shall prevent the department for the time being
responsible for the administration of the Social Security Act 1964 from immediately suspending
a sickness, training, unemployment, independent youth, or emergency benefit, or a job search
allowance, paid to an individual where the discrepancy arises in respect of departure information
supplied to that Department pursuant to section 280 of the Customs and Excise Act 1996, and where,
before or immediately after the decision to suspend, the Department gives the individual written
notice--
(a) specifying particulars of the discrepancy and the suspension of benefit, and any other
adverse action the Department proposes to take; and
(b) stating that the individual has 5 working days from the receipt of the notice to show
cause why the benefit ought not to have been suspended or why the adverse action should not
be taken, or both--
and the adverse action shall not be taken until the expiration of those 5 working days.
(1B) Nothing in subsection (1) prevents the Commissioner of Inland Revenue from immediately
suspending payment to an individual of all or part of an interim instalment of a credit of tax
under subpart KD of the Income Tax Act 2004 when a discrepancy is identified in information
supplied to the Commissioner under section 85G of the Tax Administration Act 1994 if, before
or immediately after the decision to suspend, the Commissioner gives a written notice to the
individual that--
(a) provides details of the discrepancy and the suspension of payment of the credit of
tax and any other adverse action which the Commissioner proposes to take; and
(b) states that the individual has 5 working days from the receipt of the notice to
show cause why payment of the credit of tax ought not to have been suspended or why
the adverse action should not be taken, or both--
and the other adverse action must not be taken until expiration of those 5 working days.
(2) Nothing in subsection (1) or subsection (1A) or subsection (1B) of this section prevents
an agency from taking adverse action against an individual if compliance with the requirements
of that subsection would prejudice any investigation into the commission of an offence or the
possible commission of an offence.
(2A) Nothing in subsection (1) prevents any sworn member of the police or any bailiff from
immediately executing a warrant to arrest an individual in respect of the non-payment of the
whole or any part of a fine if the discrepancy arises in respect of arrival and departure
information supplied under section 280D of the Customs and Excise Act 1996 and if, before
executing the warrant, the individual concerned is--
(a) informed of the intention to execute the warrant; and
(b) given an opportunity to confirm--
(i) whether or not he or she is the individual named in the warrant; and
(ii) that neither of the following circumstances applies:
(A) the fine has been paid:
(B) an arrangement to pay the fine over time has been entered into.
(3) Every notice required to be given to any individual under subsection (1) or subsection
(1A) or subsection (1B) of this section may be given by delivering it to that individual,
and may be delivered--
(a) personally; or
(b) by leaving it at that individual's usual or last known place of residence or
business or at the address specified by that individual in any application or other
document received from that individual; or
(c) by posting it in a letter addressed to that individual at that place of
residence or business or at that address.
(4) If any such notice is sent to any individual by post, then in the absence of proof to
the contrary, the notice shall be deemed to have been delivered to that individual on the
fourth day after the day on which it was posted, and in proving the delivery it shall be
sufficient to prove that the letter was properly addressed and posted.
(5) In this section,--
bailiff means a bailiff of the District Court or of the High Court
fine means--
(a) a fine within the meaning of section 79 of the Summary Proceedings Act
1957 or an amount of reparation:
(b) a fine or other sum of money to which any of sections 19 to 19E of the
Crimes Act 1961 applies:
(c) a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment
Act 1978 applies
reparation means--
(a) any amount that is required to be paid under a sentence of reparation; or
(b) any amount that is required to be paid under any order of reparation as
defined in section 145D of the Sentencing Act 2002.
Back to the Top
|
