PART 6 - ENFORCEMENT OF PENALTIES

Orders relating to victim reparation

124.
Assistance with enforcement of orders for victim reparation—

(1)This section applies if—

(a)the ICC—

(i)makes an order under article 75 of the Statute requiring reparation; and

(ii)requests that the order be enforced in accordance with article 109 of the Statute; and

(b)neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.

(2)The Attorney-General may give authority for the request to proceed if he or she is satisfied that the order—

(a)requires reparation; and

(b)is of a kind that can be enforced in the manner provided in this section.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must refer the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)in a case where the order requires a monetary payment, take such steps as are necessary to enforce the order as if it were a sentence of reparation imposed under [section 32 of the Sentencing Act 2002]; or

(ii)in a case where the order requires the restitution of assets, property or other tangible items, take such steps as are necessary to enforce the order as if it were an order for the restitution of property made under section 404(1) of the Crimes Act 1961; or

(iii)in a case where the order requires another remedy, take such steps as are necessary to enforce the order as if it were enforceable under Part 6 of the High Court Rules; and

(c)that agency must, without delay, make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.

(4)For the purposes of this section,—

(a)[section 145 of the Sentencing Act 2002] and Part 3 of the Summary Proceedings Act 1957 (which relate, respectively, to the enforcement of a sentence of reparation and the enforcement of fines) apply with any necessary modifications to an order of the ICC for monetary payment as if it were an order of the District Court made in summary proceedings; and

(b)Part 6 of the High Court Rules apply, with any necessary modifications, to an order referred to in subsection (3)(b)(iii).

(5)Despite subsection (4), an order may not be made under Part 3 of the Summary Proceedings Act 1957—

(a)imposing a sentence for non-payment of an order of the ICC requiring monetary payment; or

(b)modifying an order of the ICC made under article 75 of the Statute, without the prior agreement of the ICC; or

(c)remitting or directing that no further steps be taken to enforce all or any part of a sum of money due under an order made by the ICC, without the prior agreement of the ICC.

(6)Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Statute.

Cf Statute, articles 75(5) and (6), 109(1)