View project page
R133 Pecuniary Penalties Guidance for Legislative Design
Downloads
PDF (2Mb PDF)
eBook (620Kb EPUB)
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
Previous page
Next page
Chapter 13
Imposition
Court imposition
Which court?
Enforceable undertakings and settlements
Instigation of proceedings
Declarations of contravention
Previous page
Next page