New Zealand Acts

SENTENCING ACT 2002

- As at 29 June 2025
- Act 9 of 2002

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Sentencing purposes and principles, and provisions of general application

   3.      Purposes
   4.      Interpretation
   4A.     Transitional, savings, and related provisions
   5.      Application of this Act
   6.      Penal enactments not to have retrospective effect to disadvantage of offender
   7.      Purposes of sentencing or otherwise dealing with offenders
   8.      Principles of sentencing or otherwise dealing with offenders
           Note
   8A.     Overview of aggravating and mitigating factors
           Note
   9.      Aggravating and mitigating factors
           Note
   9A.     Cases involving violence against, or neglect of, child under 14 years, or young person of or over age of 14 years but under 18 years
           Note
   9B.     General rule: no reduction to sentence
   9C.     Exception: duty to avoid sentence being manifestly unjust
   9D.     Duty to record sentence reduction
   9E.     Duty to inform offender of effect of general rule
   9F.     Effect of failure to record or inform
           Note
   9G.     Specified sentence
   9H.     General rule: sliding scale of maximum reductions
   9I.     Exception: departing from scale up to 25% of sentence
   9J.     Duty to state certain matters
   9K.     Matters that court may consider if applicable
           Note
   9L.     General rule: no reduction to sentence
   9M.     Exception: duty to avoid sentence being manifestly unjust
   9N.     Duty to record sentence reduction
   9O.     Duty to inform offender of effect of general rule
   9P.     Effect of failure to record or inform
           Note
   9Q.     General rule: total reductions must not exceed 40% of sentence
   9R.     Exception: duty to avoid sentence being manifestly unjust
   9S.     Duty to state, with reasons, total reductions court would have made
           Note
   9T.     Discharge, etc, or minimum, or mandatory, sentence or order
   10.     Court must take into account offer, agreement, response, or measure to make amends
           Note
   10A.    Hierarchy of sentences and orders
           Note
   10B.    Court must take into account instrument forfeiture order or successful application for relief
           Note
   11.     Discharge or order to come up for sentence if called on
   12.     Reparation
   13.     Sentence of fine
   14.     Reparation, fines, and financial capacity of offender
   15.     Community-based sentence
   15A.    Sentence of home detention
   15B.    Limitation on sentence of home detention for person under 18 years
   16.     Sentence of imprisonment
   17.     Imprisonment may be imposed if offender unlikely to comply with other sentences
   18.     Limit on imprisonment of person under 18 years
   19.     Permitted combinations of sentences
   20.     Guidance on use of combinations of sentences
   20A.    Subsequent community-based sentence or sentence of home detention
   21.     Effect of provisions concerning multiple sentences on powers of court
   22.     No sentence may be cumulative on non-association order
   23.     No sentence may be cumulative on indeterminate sentence of imprisonment
   24.     Proof of facts
   24A.    Adjournment for restorative justice process in certain cases
   25.     Power of adjournment for inquiries as to suitable punishment
   26.     Pre-sentence reports
   26A.    Pre-sentence reports when considering sentence of community detention or home detention
   27.     Offender may request court to hear person on personal, family, whanau, community, and cultural background of offender
   28.     Disclosure of reports
   29.     Access to reports
   30.     No sentence of imprisonment to be imposed without opportunity for legal representation
   31.     General requirement to give reasons

   PART 2 - Sentences, orders, and related matters

           SUBPART 1 - Monetary penalties

   32.     Sentence of reparation
   33.     Court may order reparation report
   34.     Reparation reports
   35.     Taking into account financial capacity of offender
   36.     Payment conditions of sentence of reparation
   37.     Copy of conditions of reparation to be given to person who suffered harm, loss, or damage
   38.     Payment of sums to person who suffered harm, loss, or damage
   38A.    Cancellation of sentence of reparation
   39.     Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence
   40.     Determining amount of fine
   41.     Financial capacity of offender
   42.     Declaration as to financial capacity
   42A.    Offender may be detained for purpose of making declaration
   43.     Offence of providing false or misleading information

           SUBPART 2 - Community-based sentences

   44.     Community-based sentences
   45.     Sentence of supervision
   46.     Guidance on use of sentence of supervision
   47.     Sentences of supervision in respect of 2 or more offences must be served concurrently
   48.     Conditions of sentence of supervision
   49.     Standard conditions of supervision
   50.     Special conditions related to programme
   51.     Programmes
   52.     Other special conditions
   53.     Offender to be under supervision of probation officer
   54.     Variation or cancellation of sentence of supervision
   54AA.   When time ceases to run on sentence of supervision
   54A.    Application of section 54 during epidemic
           Note
   54B.    Sentence of intensive supervision
   54C.    Guidance on use of sentence of intensive supervision
   54D.    Sentences of intensive supervision in respect of 2 or more offences must be served concurrently
   54E.    Conditions of sentence of intensive supervision
   54F.    Standard conditions of intensive supervision
   54G.    Special conditions related to programmes
   54H.    Programmes
   54I.    Other special conditions
   54IA.   Electronic monitoring
   54J.    Offender to be under supervision of probation officer
   54K.    Variation or cancellation of sentence of intensive supervision
   54KA.   When time ceases to run on sentence of intensive supervision
   54L.    Application of section 54K during epidemic
   55.     Sentence of community work
   56.     Guidance on use of sentence of community work
   57.     Concurrent and cumulative sentences of community work
   57A.    Court may defer commencement date of sentence of community work
   58.     Length of sentence of community work
   59.     Offender must report to probation officer
   59A.    Offender must allow collection of biometric information
   60.     Offender must notify probation officer if offender changes residential address
   61.     Probation officer must determine placement of offender for community work
   62.     Guidance to probation officer in determining placement of offender for community work
   63.     Authorised work for person sentenced to community work
   64.     When community work must be done
   65.     Supervision of offender while doing community work
   66.     Offender excused from reporting in certain circumstances
   66A.    Probation officer may direct hours of work to be converted to training
   66B.    Some hours of work may be converted to training
   66C.    Consequences of failing without excuse to complete training
   66D.    When hours of community work not counted
   67.     Remission of sentence of community work
   67A.    Remission of community work hours during epidemic
   68.     Variation or cancellation of sentence of community work
   69.     Extension of period within which community work must be done
   69A.    Extension during epidemic of period within which community work must be done
           Note
   69B.    Sentence of community detention
   69C.    Guidance on use of sentence of community detention
   69D.    Concurrent and cumulative sentences of community detention
   69E.    Conditions of community detention during sentence term
   69F.    Electronic monitoring
   69G.    Offence to breach conditions of community detention
   69H.    Offence to refuse entry to community detention curfew address
   69I.    Variation or cancellation of sentence of community detention
   69IA.   When time ceases to run on sentence of community detention
   69J.    Application of section 69I during epidemic
   69JA.   Chief executive of Department of Corrections may vary offender's curfew address
   69K.    Alternative curfew address pending determination of application under section 69I
   69L.    When sentence ends on non-release day
   69M.    Community detention does not affect entitlements under Social Security Act 2018
   70.     Offences related to breach of conditions of supervision
   70AA.   Offences related to sentences of supervision with drug or alcohol conditions
   70A.    Offence to breach conditions of intensive supervision
   70B.    Offences related to sentences of intensive supervision with drug or alcohol conditions
   71.     Offences relating to breach of sentence of community work
           Note
   72.     Jurisdiction and procedure
   73.     Appeal in respect of substituted sentence
   74.     Order must be drawn up and copy given to offender, etc
   75.     Commencement of community-based sentences
   75A.    Commencement of cumulative sentences of community work
   75B.    Commencement of cumulative sentences of community detention
   76.     Commencement of community-based sentence after temporary surrender under Extradition Act 1999
   77.     Application of Accident Compensation Act 2001 to persons serving community-based sentence
   78.     Effect of subsequent sentence of imprisonment
   79.     Period of suspension not counted towards sentence
   80.     Resumption of community-based sentence if sentence of imprisonment quashed

           SUBPART 2A - Home detention
           Note

   80A.    Sentence of home detention
   80B.    Concurrent and cumulative sentences of home detention
   80C.    Detention conditions applying to offender sentenced to home detention
   80D.    Special conditions of sentence of home detention
   80E.    Electronic monitoring
   80F.    Application for variation or cancellation of sentence of home detention
   80FA.   Chief executive of Department of Corrections may vary offender's home detention residence
   80G.    Matters relating to orders under section 80F
   80GA.   Arrest without warrant if home detention residence no longer available or suitable
   80H.    Alternative residence pending determination of application under section 80F
   80I.    Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases
   80J.    Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention
   80K.    Application for cancellation of sentence of imprisonment and substitution of sentence of home detention
   80L.    Updated pre-sentence report
   80M.    Appeals in respect of substituted sentences
   80MA.   Registrar must notify controlling officer and offender of resumption of sentence
   80N.    Imposition of post-detention conditions on offender
   80O.    Standard post-detention conditions
   80P.    Special post-detention conditions
   80Q.    Review of post-detention conditions if conditions incompatible
   80R.    Variation or discharge of post-detention conditions
   80S.    Offence to breach detention conditions
   80SA.   Offences related to sentences of home detention with drug or alcohol conditions
   80T.    Offence to refuse entry to home detention residence
   80U.    Offence to breach post-detention conditions
   80UA.   Offences related to post-detention conditions that are drug or alcohol conditions
   80V.    Arrest without warrant for breach of detention or post-detention conditions
   80W.    Court may defer start date of sentence of home detention
   80X.    Commencement of sentence of home detention
   80Y.    Commencement of sentence of home detention after temporary surrender under Extradition Act 1999
   80Z.    When home detention ends
   80ZA.   When detention conditions suspended
   80ZB.   Time ceases to run in certain circumstances
   80ZC.   Order must be drawn up
   80ZD.   Offender must be given copy of new or amended order
   80ZE.   Home detention does not affect entitlements under Social Security Act 2018
   80ZF.   Application of Accident Compensation Act 2001 to persons serving home detention sentence
   80ZG.   Effect of subsequent sentence of imprisonment of not more than 12 months
   80ZGA.  Effect of subsequent sentence of imprisonment of more than 12 months
   80ZGB.  Period of suspension not counted towards sentence
   80ZGC.  Resumption of sentence of home detention
   80ZGD.  Effect of appeal on resumption of sentence of home detention
   80ZH.   Application of section 80F during epidemic
   80ZI.   Application of section 80R during epidemic

           SUBPART 2B - Judicial monitoring
           Note

   80ZJ.   Progress reports
   80ZK.   Consideration of progress reports
   80ZL.   Procedure
   80ZLA.  Arrest of offender failing to attend judicial monitoring hearing
   80ZM.   Procedure if possible grounds for variation or cancellation of sentence exist

           SUBPART 2BA - Biometric information
           Note

   80ZMA.  Purpose of collecting biometric information

           SUBPART 2C - Drug or alcohol conditions
           Note

   80ZN.   Imposition, and effect, of drug or alcohol condition
   80ZO.   Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
   80ZP.   How notice of requirement to undergo testing or to submit to continuous monitoring may be given
   80ZQ.   Where prescribed testing procedure may be carried out
   80ZR.   Information obtained from drug and alcohol testing or monitoring
   80ZS.   Offence to refuse authorised person entry to offender’s residential address
   80ZT.   Rules about drug and alcohol testing and monitoring
   80ZU.   Further provisions concerning rules about drug and alcohol testing and monitoring
   80ZV.   Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012

           SUBPART 3 - Imprisonment

   81.     Length of sentence of imprisonment
   81B.    Procedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment
   82.     Pre-sentence detention must not be taken into account in determining length of sentence
   82A.    Additional consequences for certain repeated offending must not be taken into account in determining length of sentence
   83.     Cumulative and concurrent sentences of imprisonment
   84.     Guidance on use of cumulative and concurrent sentences of imprisonment
   85.     Court to consider totality of offending
   86.     Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
           Note
   86A.    Interpretation
   86B.    Stage-1 offence: offender given first warning
   86C.    Stage-2 offence other than murder: offender given final warning and must serve full term of imprisonment
   86D.    Stage-3 offences other than murder: offender sentenced to maximum term of imprisonment
   86E.    When murder is a stage-2 or stage-3 offence
   86F.    Continuing effect of warnings
   86G.    Consequences of cancellation of record on later sentences
   86H.    Appeal against orders relating to imprisonment
   86I.    Sections 86B to 86E prevail over inconsistent provisions
           Note
   86J.    Interpretation
   86K.    Warnings: first warning to be given if qualifying sentence imposed for stage-1 offence
   86KA.   Warnings: first warning to be given if sentence of imprisonment of between 12 and 24 months imposed for stage-2 offence
   86L.    Warnings: subsequent warning to be given if qualifying sentence imposed for stage-2 offence or stage-3 offence
   86M.    Warnings: administration
   86N.    Notice of possible consequences of receiving subsequent qualifying sentence for qualifying offence
   86O.    Stage-2 offences: loss of parole eligibility when determinate sentence of imprisonment of more than 24 months imposed for offence other than murder
   86P.    Stage-2 offences: imposition of minimum period of imprisonment when life imprisonment imposed for murder
   86Q.    Stage-3 offences: transfer of proceedings to High Court
   86R.    Stage-3 offences: imposition of minimum sentence and loss of parole eligibility for offence other than murder
   86S.    Stage-3 offences: imposition of minimum period of imprisonment when life imprisonment imposed for murder
   86T.    Guidance on application of manifestly unjust exception in certain provisions
   86U.    Continuing effect of warnings
   86V.    How cessation of record affects later sentences
   86W.    Appeal against orders relating to imprisonment
   86X.    Sections 86K to 86T prevail over inconsistent provisions
   87.     Sentence of preventive detention
   88.     Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained
   89.     Imposition of minimum period of imprisonment
   90.     Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention
   91.     Warrant of commitment for sentence of imprisonment
   92.     References to period of imprisonment for purposes of section 93
   93.     Imposition of conditions on release of offender sentenced to imprisonment for short term
   94.     Variation of release conditions
   95.     Review of conditions if conditions incompatible
   96.     Offence to breach conditions
   96A.    Offences related to post-imprisonment conditions that are drug or alcohol conditions
           Note
   97.     Court must consider granting offender leave to apply for home detention in certain cases
   98.     Appeal against order granting or declining leave to apply for home detention
   99.     Effect of subsequent conviction on home detention
   100.    Court may defer start date of sentence of imprisonment
   101.    Start date of sentence of imprisonment

           SUBPART 4 - Sentencing for murder

   102.    Presumption in favour of life imprisonment for murder
           Note
   103.    Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder
   104.    Imposition of minimum period of imprisonment of 17 years or more
   105.    Appeal against imposition of minimum period of imprisonment

           SUBPART 4A - Offender levy and victims' services bank account
           Note

   105A.   Interpretation
   105B.   Offender to pay levy
   105C.   Priority of payments received from offender
   105D.   Amount of levy
   105E.   Payment of levy
   105F.   Distribution of money in account
   105G.   Victims' services bank account
   105H.   Payments from, and other operation of, account
   105I.   Regulations on operation of account
   105J.   Approval of agency

           SUBPART 5 - Discharge and miscellaneous orders

   106.    Discharge without conviction
   107.    Guidance for discharge without conviction
   108.    Conviction and discharge
   109.    Guidance on conviction and discharge
   110.    Order to come up for sentence if called on
   111.    Calling offender to come up for sentence
           Note
   111A.   Firearms prohibition order
   112.    Non-association order
   113.    Effect of non-association order
   114.    Cumulative orders and sentences
   115.    Order must be drawn up and copy given to offender, etc
   116.    Right of appeal against non-association order
   117.    Commencement of period of non-association
   118.    Breach of non-association order constitutes offence
   119.    Effect of subsequent sentences on non-association order
   120.    Resumption of non-association order if sentence of imprisonment quashed
   121.    Application for review of non-association order
   122.    Determination of application for variation or cancellation of order
   123.    Jurisdiction and procedure
           Note
   123A.   Interpretation of terms used in this section and sections 123B to 123H
   123B.   Protection order
   123C.   Provisions applying to protection order made under section 123B
   123CA.  Disclosure of documents to assessor and service provider
   123CB.  Court documents for section 123CA
   123CC.  Assessors and service providers for section 123CA
   123D.   Explanation of protection order
   123E.   Protection order to be issued and served on offender
   123F.   Protection order to be sent to Family Court
   123G.   Protection order treated as if made by Family Court
   123H.   Appeal against decision to make or refuse to make protection order under section 123B is appeal against sentence
   124.    Power of court to disqualify offenders from driving motor vehicles
   125.    Period of disqualification from driving
   126.    Provisions of Land Transport Act 1998 apply if offender disqualified under section 124
   127.    Interpretation of terms used in sections 128 to 142
   128.    Confiscation of motor vehicle
   129.    Confiscation of motor vehicle after subsequent offence
   129A.   Confiscation and destruction after third illegal street racing offence
   129B.   Written caution to persons with interest in motor vehicles involved in offences
   129C.   Review of written caution
   129D.   Written caution of no effect if conviction quashed
   129E.   Appeal against confiscation by persons treated as substitutes
   129EA.  Appeal against confiscation by third party
   129F.   Warning notice to secured parties if confiscation not ordered for second illegal street racing offence
   130.    Court may order declaration of ownership to be completed
   130A.   Court may disregard disposal of motor vehicle by person after written caution
   131.    If motor vehicle has been disposed of, court may prohibit offender from acquiring another motor vehicle
   132.    Enforcement of confiscation order
   132A.   Offence to sell or dispose of motor vehicle subject to confiscation order
   133.    Offence to remove confiscated vehicle
   134.    Defect in warrant does not make action unlawful
   135.    Registrar may direct order to be enforced in another office of District Court
   136.    Offender must not acquire new interest in motor vehicle for 12 months
   136A.   Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order
   137.    Sale of confiscated motor vehicles
   137A.   Certain sales conditional on dismantling and destruction
   137B.   Failure to comply with condition to dismantle and destroy
   137C.   Sale of motor vehicle surrendered or recovered under section 137B
   138.    Disposal of unsaleable confiscated vehicle
   138A.   Offender liable for outstanding costs of seizure, storage, and sale
   139.    Procedure if notice given that vehicle subject to security agreement
   140.    Lessor may apply to Registrar
   140A.   What happens if lessor does not apply to Registrar before motor vehicle sold or disposed of
   141.    Secured party may apply to court
   141A.   Certain payments required before transfers take effect
   141B.   Application of proceeds of sale by secured party
   141C.   Failure by secured party to sell or account for proceeds
   142.    Order may be cancelled on application by bona fide purchaser
           Note
   142AAA. Interpretation of terms used in sections 142AAB to 142AAF
   142AAB. Forfeiture of vehicle used in offence of failing to stop, etc
   142AAC. Offence to sell or dispose of motor vehicle subject to forfeiture order
   142AAD. Offence to remove forfeited vehicle
   142AAE. Offender must not acquire new interest in motor vehicle for 12 months
   142AAF. Modified application of confiscation scheme to forfeiture
           Note
   142A.   Interpretation of terms used in sections 142B to 142Q
   142B.   Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence
   142C.   Duties of court on notification
   142D.   Notice of possible instrument forfeiture order may be recorded on registers
   142E.   Duties of prosecutor as to service
   142F.   Court may require further information
   142G.   Independent valuation of property
   142H.   Court may order declaration of ownership to be completed
   142I.   Determining ownership of property
   142J.   Applications for relief from instrument forfeiture order
   142K.   Hearings concerning instrument forfeiture orders
   142L.   Court may grant relief from instrument forfeiture order to applicant who establishes interest in property
   142M.   Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship
   142N.   Instrument forfeiture orders
   142O.   Offence of providing false or misleading information under section 142F
   142P.   Evidence in instrument forfeiture order proceedings
   142Q.   Relationship with other provisions in Act
           Note
   142R.   Forfeiture of weapons

           SUBPART 6 - Miscellaneous, transitional, and savings provisions

   143.    Sentence not invalidated by mistake in age of offender
   143A.   Sentencing following finding or verdict of guilt on more than 1 charge
   144.    Royal prerogative not affected
   145.    Maximum period of detention for administrative tasks
   145A.   Manner in which amounts of reparation must be applied in cases involving same offence
   145B.   Manner in which amounts of reparation must be applied in cases involving different offences
   145C.   No Crown liability for error, etc, in applying payments of amounts of reparation
   145D.   Definitions for sections 145A to 145C
   146.    Consent to treatment, etc, not affected
   146A.   A certificate of conviction for succession purposes
   147.    Regulations
   148.    Reparation or fine for offence committed before commencement date
   149.    Community-based sentence for offence committed before commencement date
   150.    Community-based sentences imposed under Criminal Justice Act 1985
   151.    Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date
   152.    Section 86 not to apply to offender convicted of offence committed before commencement date except for serious violent offender
   153.    Offender convicted of specified offence committed before commencement date
   154.    Offender convicted of murder committed before commencement date
   155.    Suspended sentences of imprisonment
   156.    Corrective training
   157.    Offenders liable to come up for sentence if called on
   158.    Non-association orders and confiscation of vehicles for offence committed before commencement date
   159.    Non-association orders, disqualification from driving, and confiscation of vehicles imposed under Criminal Justice Act 1985
   160.    Person under 17 years of age imprisoned

           SUBPART 7 - Amendments to other enactments

   161.    Custody of child or young person pending hearing
   162.    Restrictions on power of court to order child or young person to be detained in custody
   163.    New section 239A inserted
   164.    Repeal of home invasion provisions in Crimes Act 1961
   165.    New section 172 substituted
   166.    Certain provisions in Criminal Justice Act 1985 repealed
   167.    Appeal against acquittal on account of insanity
   168.    Order to be made if person under disability or insane
   169.    Power of court to commit to institution on conviction
   170.    Power of court to require psychiatric report
   171.    Access to psychiatric reports
   172.    Probation officers
   173.    New section 124A inserted
   174.    Duties of probation officers
   175.    New sections 126 and 127 substituted
   176.    New section 129 substituted
   177.    Special provisions as to young persons remanded or committed for trial or sentence
   178.    New sections 142AA and 142AB inserted into Criminal Justice Act 1985
   179.    Detention of children or young persons serving sentence of imprisonment
           Note
   180.    Appointment and qualifications
           Note
   181.    Judges of the High Court
   182.    Parole
   183.    Extension of time to pay
   184.    Bailiff may arrange extension of time to pay
   185.    Operation of attachment order
   186.    Acts amended
   187.    Enactments repealed
           SCHEDULE 1AA
           SCHEDULE 1AB
           SCHEDULE 1
           SCHEDULE 2