Chapter 1

Structure of this Report

1.25This Report is presented in four parts. Part 1 (Chapters 1 to 3) provides an overview of our approach and findings. Chapter 2 deals with the form of our proposals. In particular, it notes the need for the effective implementation of the Guidelines in our Report and explores the means by which this should be achieved. Chapter 3 describes the statutes in which pecuniary penalties are currently found and sets out the areas of inconsistency in the existing provisions.

1.26Part 2 (Chapters 4 and 5) contains our account of the nature and role of pecuniary penalties. Chapter 4 argues that pecuniary penalties are grave, state-imposed punitive measures. Chapter 5 contains guidance for policymakers when deciding whether pecuniary penalties should or should not be included in a statute.

1.27Part 3 (Chapters 6 to 11) is entitled “The core procedural rules”. Chapter 6 contains a discussion of the impact of the New Zealand Bill of Rights Act 1990 on the design of pecuniary penalties. The remaining chapters deal with how five key procedural safeguards should be applied to pecuniary penalties.

1.28Part 4 (Chapters 12 to 20) deals with the remaining aspects of legislative design for pecuniary penalties.

1.29We consider that the position reached in each chapter achieves the appropriate balance between fairness, regulatory efficiency and effectiveness, and certainty, taking into account the nature of pecuniary penalties.