New Zealand Acts

SENTENCING ACT 2002 - SECT 86K

86K Warnings: first warning to be given if qualifying sentence imposed for stage-1 offence

1 This section applies if—

a) a court imposes a qualifying sentence on an offender for a stage-1 offence (including on an appeal, but only if the offender does not have a record of first warning in relation to the offence); and

b) the offender is before the court when it imposes the sentence.

2 This section also applies if an offender appears before a court under section 86M(2) or (6) in relation to a stage-1 offence.

3 The court must—

a) warn the offender of the possible consequences if the offender receives a further qualifying sentence for any qualifying offence committed after that warning (whether or not that further qualifying offence is different in kind from any qualifying offence for which a sentence of imprisonment is being, or has been, imposed on the offender); and

b) make an entry in the permanent court record, in relation to the stage-1 offence, to the effect that the offender has been warned under paragraph (a).

4 On and after the making of the entry under subsection (3)(b), the offender has, in relation to the stage-1 offence, a record of first warning (subject to section 86U(2) ).

History: Section 86K: inserted, on 17 June 2025, by section 7 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).