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Pecuniary Penalties: Guidance for Legislative Design - Government Response to Law Commission Report  NZLCGovResp 133
Last Updated: 5 January 2017
The Government Response to the Law Commission’s
recommendations on the Law Relating to Civil Penalties
The Government responded to each of the Law Commission’s
recommendations as follows.
Accepted the recommendation that the Ministry of Justice should be
consulted on all proposals for pecuniary penalties at the policy development
Accepted in principle the recommendation for a chapter on pecuniary
penalty regimes to be incorporated into the LAC Guidelines on Process and
Content of Legislation, subject to the Ministry doing further work to
analyse the guidelines proposed by the Law Commission in consultation with
departments and the Parliamentary Counsel Office.
Accepted in principle the recommendation that the Parliamentary Counsel
Office draft model provisions for common pecuniary penalty provisions, subject
further work being done on model provisions.
Accepted in principle the recommendation that existing pecuniary penalty
provisions in statutes should be reviewed against the proposed guidelines when
those statutes come up for review.
- R5, 6:
Proposed to do further work on the recommendations to (1) amend the
Evidence Act 2006 to provide for a privilege against self-exposure to a
and (2) to limit or remove that proposed privilege from
existing pecuniary penalty statutes where justified. The Ministry was directed
to report back to the Minister of Justice by the end of 2015.
Accepted the recommendation to instigate a review of how maximum
criminal and pecuniary penalties should be set in legislation, but to progress
this as other priorities allow.
Proposed to do further work on the recommendation to supplement Cabinet
Office Circular CO (O2) 4, so as to require departmental analysis of the impact
new pecuniary penalties on Crown liability. The Ministry was
directed to report back to the Minister of Justice by the end of 2015.
Accepted the recommendation that enforcement agencies with the power to
commence pecuniary penalty proceedings should develop and publish enforcement
policies, and encouraged those enforcement agencies which do not have such
policies in place to do so.