New Zealand Acts

SENTENCING ACT 2002 - SECT 145

145 Maximum period of detention for administrative tasks

1 The purpose of this section is to provide for the maximum period for which an offender may be detained in the custody of the court, on any one occasion, to allow any administrative tasks to be completed if—

a) 2 or more of those tasks apply or relate to the offender; and

b) they have to be completed at the same time.

2 An offender may be detained in the custody of the court for a period not exceeding 3 hours if the offender is required, at any time before sentencing, to complete both of the following:

a) make a declaration of financial capacity in accordance with section 42 :

b) make a declaration of ownership of a motor vehicle in accordance with section 130 .

3 An offender may be detained in the custody of the court for a period specified in subsection (4) if, at any time after sentencing, 2 or more of the following are required to be completed:

a) the offender to make a declaration of financial capacity in accordance with section 42 :

b) an order for a community-based sentence to be drawn up and a copy given to the offender under section 74 :

c) an order for a sentence of home detention to be drawn up and a copy given to the offender under section 80ZC :

d) a non-association order to be drawn up and a copy given to the offender under section 115 :

e) a protection order to be drawn up and served on the offender under section 123E .

4 The period referred to in subsection (3) is—

a) a period not exceeding 3 hours if any 2 administrative tasks are required to be completed; or

b) a period not exceeding 4 hours if any 3 or more administrative tasks are required to be completed.

5 If an offender is detained in the custody of the court for 2 or more orders for community-based sentences to be drawn up under section 74 , each order is a separate administrative task for the purposes of subsection (4).

6 Nothing in this section limits or affects sections 42A, 74(4), 80ZC(4), 115(2), 123E(2), and 130(3) if the administrative task described in each of those sections is undertaken separately on any one occasion, rather than in conjunction with other administrative tasks.

7 In this section,
"administrative task" means a task of a kind specified in subsection (2) or, as the case may be, subsection (3).

History: Section 145: replaced, on 13 February 2012, by section 39 of the Sentencing Amendment Act 2011 (2011 No 47).