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R133 Pecuniary Penalties Guidance for Legislative Design

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Contents

General information
Letter to the Minister
Foreword
Acknowledgements
Summary
- Part 1: About this review
- Part 2: The nature and role of pecuniary penalties
- Part 3: The core procedural rules
- Part 4: Other aspects of legislative design
Recommendations
Chapter 1 - Introduction
- Our task
- Recommendations and Guidelines
- Our conclusions
- Structure of this Report
Chapter 2 - Guidance for future pecuniary penalty regimes
- The need for effective guidance
- Options
- Cabinet endorsement
- Disclosure requirements
- Legislation Advisory Committee guidelines
- Model provisions drafted by the Parliamentary Counsel Office
- Review of existing pecuniary penalty statutes
- A pecuniary penalty statute
Chapter 3 - The current landscape
- What are pecuniary penalties?
- Use of pecuniary penalties
Chapter 4 - Nature of pecuniary penalties
- Introduction
- Fundamental features of the nature of pecuniary penalties
Chapter 5 - Role of pecuniary penalties
- Why is there a place for pecuniary penalties?
- Effectiveness and efficiency
- Practical considerations
- Harm caused or nature of conduct
- Conclusion
Chapter 6 - Application of the New Zealand Bill of Rights Act 1990
Chapter 7 - Standard of proof
- Submissions
- Retention of the civil standard of proof
- Alternative options
Chapter 8 - Burden of proof
- Introduction
- The need for clarity and certainty
- Imposing a burden of proof on defendants
- Justifications for imposing a burden of proof on defendants
- Ways of reversing the burden of proof
Chapter 9 - The penalty privilege
- Submissions
- Commission view
Chapter 10 - Double jeopardy
- Submissions
- Commission view
Chapter 11 - Intention and strict liability
- The place of mens rea in pecuniary penalties
Chapter 12 - Rules of procedure
- Submissions
- Conclusion
Chapter 13 - Imposition
- Court imposition
- Which court?
- Enforceable undertakings and settlements
- Instigation of proceedings
- Declarations of contravention
Chapter 14 - Individual and corporate liability
- Penalty quantum
- Guidance for policymakers
- Ancillary liability
Chapter 15 - Insurance and indemnity
- Contrary to public policy?
- Statutory limits
- Implications for pecuniary penalty regimes
Chapter 16 - Fixing penalties
- Maximum pecuniary penalties
- Some relevant principles
- Court imposition of penalties
Chapter 17 - Appeals
- Appeals of penalties imposed by the High Court
- Appeals of penalties imposed by the District Court
Chapter 18 - Limitation periods
- Introduction
- Current approaches to limitation periods
- Submissions
- Issues arising
Chapter 19 - Crown and State sector defendants
- Introduction
- Coverage
- Legislative drafting
- Policy decisions as to type of penalty
- Procedure
- Cabinet decision process - pecuniary penalties creating Crown liability
Chapter 20 - Publication of enforcement policies
Appendix A - Guidelines for the legislative design of pecuniary penalties
Appendix B - Table of pecuniary penalty provisions
Appendix C - List of submitters and consultees

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Chapter 13
Imposition

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