New Zealand Acts

SENTENCING ACT 2002 - SECT 86U

86U Continuing effect of warnings

1 An offender continues to have a record of first warning or a record of subsequent warning in relation to an offence regardless of whether the offender has served or otherwise completed the sentence imposed on the offender for the offence to which the record relates.

2 Despite subsection (1), an offender ceases to have a record of first warning in relation to a stage-1 offence or a record of subsequent warning in relation to a stage-2 offence or a stage-3 offence if—

a) a court, on an appeal,—

i) quashes or sets aside the conviction for the offence to which the relevant record relates; or

ii) quashes or sets aside the sentence imposed for the offence to which the relevant record relates and does not impose a qualifying sentence in substitution for it; or

b) a court cancels the sentence imposed for the offence to which the relevant record relates and substitutes a sentence of home detention under section 80K(4) ; or

c) a court imposes a new sentence under section 180 of the Criminal Procedure Act 2011 (which relates to the correction of erroneous sentences) for the offence to which the relevant record relates and the new sentence is not a qualifying sentence; or

d) the offender is—

i) granted a free pardon for the offence to which the relevant record relates; or

ii) because of having fulfilled the conditions of a conditional pardon, not required to serve a qualifying sentence for the offence to which the relevant record relates.

3 Despite subsection (1), an offender ceases to have a record of first warning in relation to a stage-2 offence if—

a) a court, on an appeal,—

i) quashes or sets aside the conviction for the offence to which the record relates; or

ii) quashes or sets aside the sentence imposed for the offence to which the record relates and does not impose a determinate sentence of imprisonment of more than 12 months but not more than 24 months in substitution for it; or

b) a court cancels the sentence imposed for the offence to which the record relates and substitutes a sentence of home detention under section 80K(4) ; or

c) a court imposes a new sentence under section 180 of the Criminal Procedure Act 2011 for the offence to which the record relates and the new sentence is not a determinate sentence of imprisonment of more than 12 months but not more than 24 months; or

d) the offender is—

i) granted a free pardon for the offence to which the record relates; or

ii) because of having fulfilled the conditions of a conditional pardon, not required to serve a sentence of imprisonment of more than 12 months for the offence to which the record relates.

4 If an offender ceases to have a record of subsequent warning in relation to a stage-2 offence because subsection (2)(a)(ii) applies and the court that heard the appeal imposes a determinate sentence of imprisonment of more than 12 months but not more than 24 months in substitution for the quashed or set aside sentence, then—

a) that court must order that the record of subsequent warning be replaced by a record of first warning; and

b) the replacement record of first warning is treated as having taken effect on the date on which the record of subsequent warning took effect.

5 If an offender continues to have 1 (but not more than 1) record of subsequent warning after every record of first warning that the offender had has ceased, then—

a) the appropriate court must order that the record of subsequent warning be replaced by a record of first warning; and

b) that replacement record of first warning is treated as having taken effect on the date on which the record of subsequent warning took effect.

6 If an offender continues to have more than 1 record of subsequent warning after every record of first warning that the offender had has ceased, then—

a) the appropriate court must order that each record of subsequent warning that took effect on the earliest date on which the offender had a record of subsequent warning be replaced by a record of first warning; and

b) those replacement records of first warning are treated as having taken effect on that date.

7 In this section and in section 86V ,
"appropriate court" means,—

a) in the case of an offender who ceases, under subsection (2)(a) or (3)(a), to have a record of first warning or a record of subsequent warning in relation to an offence, the court that heard the appeal:

b) in the case of an offender who ceases, under subsection (2)(b) or (3)(b), to have a record of first warning in relation to an offence, the court that cancelled the sentence and substituted a sentence of home detention:

c) in the case of an offender who ceases, under subsection (2)(c) or (3)(c), to have a record of first warning or a record of subsequent warning in relation to an offence, the court that imposed the new sentence:

d) in the case of an offender who ceases, under subsection (2)(d) or (3)(d), to have a record of first warning or a record of subsequent warning in relation to an offence, the court that first sentenced the offender for the offence.

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