Explanatory notes | Part 1 | Part 2 | Part 3 | Part 4 | Schedule 1 | Schedule 2 | Schedule 3 | Schedule 4
Accident Insurance Act 1998 (1998 No 114)
Omit from section 396(2)(b) the words "section 19 of the Criminal Justice Act 1985 or convicted and discharged under section 20 of that Act" and substitute the words "section 95 of the Sentencing and Parole Reform Act 2001 or convicted and discharged under section 97 of that Act".
Repeal section 398(5)(c) and substitute:
"(c) any payment made under a sentence of reparation under section 29 of the Sentencing and Parole Reform Act 2001 that is imposed in respect of emotional or physical harm suffered by any person:".
Alcoholism and Drug Addiction Act 1966 (1966 No 97)
Omit from sections 10(1), 12, and 18(1) the words "or under section 48A of the Criminal Justice Act 1954".
Omit from section 21(1) the words "or corrective training or preventive detention".
Armed Forces Discipline Act 1971 (1971 No 53)
Omit from section 3(lA) the words "Section 4 of the Criminal Justice Act 1985" and substitute the words "Section 6 of the Sentencing and Parole Reform Act 2001".
Bail Act 2000 (2000 No 38)
Omit from section 12(1)(a)(iii) the words "full-time custodial sentence (within the meaning of that term in section 2(1) of the Criminal Justice Act 1985)" in both places where they appear and substitute in each case the words "sentence of imprisonment (within the meaning of that term in section 4(1) of the Sentencing and Parole Reform Act 2001)".
Omit from section 12(1)(b)(ii) the words "full-time custodial sentences (within the meaning of that term in section 2(1) of the Criminal Justice Act 1985)", and substitute the words "sentences of imprisonment (within the meaning of that term in section 4(1) of the Sentencing and Parole Reform Act 2001)."
Omit from section 12(2) the words "full-time custodial sentence" and substitute the words "sentence of imprisonment".
Omit from section 15(3) the words "subsections (1) and (2) of section 142" and substitute the expression "section 142(1)".
Omit from section 45(6) the words "section 73 of the Criminal Justice Act 1985" and substitute the words "section 76 of the Sentencing and Parole Reform Act 2001".
Omit from section 705) the words "section 73 of the Criminal Justice Act 1985" and substitute the words "section 76 of the Sentencing and Parole Reform Act 2001 ".
Child Support Act 1991 (1991 No 142)
Omit from section 196(1) the words "undergo periodic detention for such period, not exceeding in any case 12 months," and substitute the words "do community work for a number of hours, not exceeding 400 hours,".
Omit from section 196(8) the words "periodic detention" and substitute the words "community work".
Omit from section 196(9) the words "undergo periodic detention" and substitute the words "do community work".
Omit from section 196(10) the words "Detention pursuant to" and substitute the words "Doing community work under".
Repeal section 196(11) and substitute:
"(11) Section 27 of the Sentencing and Parole Reform Act 2001 applies in relation to this section as if the District Court were imposing a sentence of imprisonment." Repeal section 198 and substitute:
"198 Liable person doing community work to be discharged on payment
"(1) If a liable person is doing community work under an order made under section 196(1), the person may pay, or cause to be paid, the amount due under this Act.
"(2) If the liable person pays, or causes to be paid, the amount due, a probation officer, on being notified by the Commissioner of the payment of that sum, must notify the person that he or she is no longer required to report to a community work centre, unless there is some other reason for the person being required to report."
Children, Young Persons, and Their Families Act 1989 (1989 No 24)
Omit from section 2(2)(e) the words "section 4 of the Criminal Justice Act 1985" and substitute the words "section 6 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 207D(1)(f)(ii) the words ", or a suspended sentence, under the Criminal Justice Act 1985" and substitute the words "under the Sentencing and Parole Reform Act 2001 ".
Omit from section 207K(l)(e)(ii) the words ", or a suspended sentence, under the Criminal Justice Act 1985" and substitute the words "under the Sentencing and Parole Reform Act 2001 ".
Omit from section 207Q(1)(c)(ii) the words ", or a suspended sentence, under the Criminal Justice Act 1985" and substitute the words "under the Sentencing and Parole Reform Act 2001 ".
Omit from section 248(1)(b) the words "full-time custodial sentence or a community-based sentence (as those terms are defined in section 2(1) of the Criminal Justice Act 1985)" and substitute the words "sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Repeal paragraph (j) of section 251(1) and substitute:
"(j) if the young person is subject to a community-based sentence (as that term is defined in section 4(1) of the Sentencing and Parole Reform Act 2001 ),
"(i) a probation officer:
"(ii) in the case of a young person who is subject to a sentence of community work (within the meaning of that Act), a representative of the agency on whose behalf the young person is required to perform any work for the purposes of the sentence:
"(iii) in the case of a young person who is subject to a sentence of supervision (within the meaning of that Act), any person or agency, or a representative of any person or agency, that provides any course or conducts any programme that the young person is required to undertake as a condition of the sentence or to undergo under the sentence: ".
Repeal paragraph (j) of section 283 and substitute:
"(j) make any order that could have been made by a court other than a Youth Court under section 116 or section 117 of the Sentencing and Parole Reform Act 2001 (which relate to confiscation of motor vehicles) if the young person were an adult and had been convicted of the offence in a court other than a Youth Court, and if the Court makes such an order, the provisions of that section and sections 115, and 118 to 130 of that Act apply accordingly:".
Omit from section 283(o) the words "the Criminal Justice Act 1985" and substitute the words "the Sentencing and Parole Reform Act 2001 ".
Omit from section 285(5)(b) the words "section 2(1) of the Criminal Justice Act 1985" and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Omit from section 285(5)(c) the words "full-time custodial sentence" and substitute the words "sentence of imprisonment".
Omit from section 290(1)(b) the words "full-time custodial sentence (within the meaning of section 2(1) of the Criminal Justice Act 1985" and substitute the words "sentence of imprisonment (within the meaning of section 4(1) of the Sentencing and Parole Reform Act 2001". Repeal section 292.
Omit from section 293A(1)(a) the words "section 83 of the Criminal Justice Act 1985" and substitute the words "section 112 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 293A(2) the words "section 83 of the Criminal Justice Act 1985" and substitute the words "section 112 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 303(b) the words "full-time custodial sentence or a community-based sentence (as those terms are defined in section 2(1) of the Criminal Justice Act 1985)," and substitute the words "sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) of the Sentencing and Parole Reform Act 2001) " .
Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121)
Omit from section 47(3) the words "section 4 of the Criminal Justice Act 1985" and substitute the words "section 6 of the Sentencing and Parole Reform Act 2001 ".
Copyright Act 1994 (1994 No 143)
Omit from section 131(6) the words "section 22(1)(b) of the Criminal Justice Act 1985" and substitute the words "section 29(1)(a) of the Sentencing and Parole Reform Act 2001 ".
Omit from section 198(5) the words "section 22(l)(b) of the Criminal Justice Act 1985" and substitute the words "section 29(1)(a) of the Sentencing and Parole Reform Act 2001 ".
Costs in Criminal Cases Act 1967 (1967 No 129)
Omit from section 1 S the words "sections 19 and 20 of the Criminal Justice Act 1985" and substitute the words "sections 95 and 97 of the Sentencing and Parole Reform Act 2001 ".
Crimes Act 1961 (1961 No 43)
Omit from the heading to section 19DA the words "Community service or periodic detention" and substitute the words "Community work" .
Repeal subsections (2) to (6) of section 19DA and substitute:
"(2) On the appearance of that person before the Court, the Court may, in its discretion, after considering the report referred to in section 19D, and after taking into account any other fines and any amount of reparation owing by that person, sentence that person to community work in accordance with the relevant provisions of Part 2 of the Sentencing and Parole Reform Act 2001.
"(3) A sentence of community work may be imposed under this section, even though none of the offences in respect of which the fines were imposed was punishable by imprisonment.
"(4) If any person is sentenced to community work under this section for the non-payment of the whole or any part of a fine or other sum of money, that fine or part of a fine or other sum of money is deemed to be remitted.
"(5) If the Court sentences any person to community work under this section, that person has the same right of appeal to the Court of Appeal against the sentence as the person would have had if the sentence had been imposed by the High Court after his or her conviction in the High Court.
"(6) If the Court of Appeal quashes the sentence of community work on appeal, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D."
Omit from section 120(1)(ba) the words "pursuant to section 120 or".
Omit from section 202BA the words "a full-time custodial sentence (within the meaning of the Criminal Justice Act 1985)" and substitute the words "a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing and Parole Reform Act 2001) ".
Omit from section 347(5) the words "section 19(3) of the Criminal Justice Act 1985" and substitute the words "section 95(3) of the Sentencing and Parole Reform Act 2001 ".
Crown Minerals Act 1991 (1991 No 70) Repeal section 101(4) and substitute:
"(4) A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing and Parole Reform Act 2001, with all necessary modifications, apply accordingly."
Disputes Tribunals Act 1988 (1988 No 110)
Omit from section 11(3) the words "section 22 of the Criminal Justice Act 1985" and substitute the words "section 29 of the Sentencing and Parole Reform Act 2001" ;.
District Courts Act 1947 (1947 No 16)
Omit from section 84O(1) the words "undergo periodic detention for such period, not exceeding in any case 6 months," and substitute the words "do community work for a number of hours, not exceeding 200 hours,".
Omit from section 84O(7) the words "had been sentenced to periodic detention; and the relevant provisions of the Criminal Justice Act 1985" and substitute the words "had been sentenced to community work, and -the relevant provisions of Part 2 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 84O(8) the words "undergo periodic detention" and substitute the words "do community work".
Repeal section 84O(10) and substitute:
"(10) Section 27 of the Sentencing and Parole Reform Act 2001 applies in relation to this section as if the District Court were imposing a sentence of imprisonment."
Omit from section 84Q(1) the words "undergoing periodic detention" and substitute the words "doing community work".
Repeal section 84Q(2) and substitute:
"(2) If the judgment debtor pays, or causes to be paid, the amount due, a probation officer, on being notified by the Registrar of the payment of that sum, must notify the judgment debtor that he or she is no longer required to report to a community work centre, unless there is some other reason for the judgment debtor being required to report."
Extradition Act 1999 (1999 No 55)
Omit from section 2(4)(e) the words "section 2 of the Criminal Justice Act 1985" and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Fisheries Act 1983 (1983 No 14)
Omit from section 10713(4) and (5) the words "section 19 of the Criminal Justice Act 1985" and substitute in each case the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Fisheries Act 1996 (1996 No 88)
Omit from section 252(7) the expression "Criminal Justice Act 1985" and substitute the expression "Sentencing and Parole Reform Act 2001 ".
Omit from section 252(7) the expression "2(l)" and substitute the expression " 4(1) ".
Omit from section 255(2) and (8) the words "section 19 of the Criminal Justice Act 1985" and substitute in each case the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 255B(1)(a) the words "section 19 of the Criminal Justice Act 1985" and substitute the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 255E(4) the words "section 19 of the Criminal Justice Act 1985" and substitute the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Health Act 1956 (1956 No 65)
Omit from section 22C(2)(b) the expression "Criminal Justice Act 1985" and substitute the expression "Sentencing and Parole Reform Act 2001 " .
Omit from section 22C(2)(b) the words "that Act" and substitute the words "any enactment".
Insolvency Act 1967 (1967 No 54)
Insert in section 87(2), after the expression "Criminal Justice Act 1985", the words "or section 95 of the Sentencing and Parole Reform Act 2001 ".
International Crimes and International Criminal Court Act 2000 (2000 No 26)
Omit from section 4(2)(d) the words "section 2 of the Criminal Justice Act 1985 and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 "."
Omit from section -124(3)(b)(i) the words "section 22 of the Criminal Justice Act 1985" and substitute the words "section 29 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 124(4)(a) the words "section 25 of the Criminal Justice Act 1985" and substitute the words "section 134 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 125(3)(b)(i) the words "under section 26 of the Criminal Justice Act 1985".
Omit from section 143 and the heading to that section the expression "Criminal Justice Act 1985" and substitute in each case the expression "Sentencing and Parole Reform Act 2001 ".
International War Crimes Tribunals Act 1985 (1995 No 27)
Omit from section 31(1)(b)(v) the words "section 2 of the Criminal Justice Act 1985" and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Juries Act 1981 (1981 No 23)
Omit from the definition of probation officer in section 2 the words "section 2(1) of the Criminal Justice Act 1985" and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Land Transport Act 1998 (1998 No 110)
Omit from section 94(1)(c) the words "Part III of the Criminal Justice Act 1985" and substitute the words "Part 2 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 94(3)(b) the expression "Criminal Justice Act 1985" and substitute the expression "Sentencing and Parole Reform Act 2001 ".
Insert in section 199(2)(m), after the expression "Criminal Justice Act 1985", the words "or section 112 of the Sentencing and Parole Reform Act 2001 ".
Legal Services Act 2000 (2000 No 42)
Omit from paragraph (a) of the definition of criminal proceedings in section 4(1) the words "sections 28H, 281, 35, 44, 51, 57, or 64 of the Criminal Justice Act 1985" and substitute the words "sections 50, 63, 109, or 110 of the Sentencing and Parole Reform Act 2001 ".
Marine Reserves Act 1971 (1971 No 15)
Omit from section 18G(1), (2), and (3) the words "section 19 of the Criminal Justice Act 1985" and substitute in each case the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Misuse of Drugs Act 1975 (1975 No 116)
Omit from section 6(4) the words "Part 1, or section 26, or section 72 of the Criminal Justice Act 1985" and substitute the words "Part 1 or section 36 or section 74 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 6(4A) the words "Part I, section 26, or section 72 of the Criminal Justice Act 1985" and substitute the words "Part 1 or section 36 or section 74 of the Sentencing and Parole Reform Act 2001 ".
Repeal section 32(5) and substitute:
"(5) If an order for forfeiture is made under subsection (4), section 116 of the Sentencing and Parole Reform Act 2001 (except subsection (2)), and sections 115 and 117 to 130 of that Act, so far as they are applicable and with any necessary modifications, apply as if the order for forfeiture were an order for confiscation made under section 116 of that Act. "
Mutual Assistance in Criminal Matters Act 1992 (1992 No 86)
Omit from section 38(1)(e) the words "section 2 of the Criminal Justice Act 1985" and substitute the words "section 4(1) of the Sentencing and Parole Reform Act 2001 ".
Passports Act 1992 (1992 No 92) Repeal section 4(3)(b)(ii) and substitute:
"(ii) the applicant is on bail or is subject to a sentence of community supervision under the Sentencing and Parole Reform Act 2001 or is released under subpart 2 of Part 3 of that Act; or".
Police Act 1958 (1958 No 109)
Omit from section 57(3) the words "section 19 of the Criminal Justice Act 1985" and substitute the words "section 95 of the Sentencing and Parole Reform Act 200 1".
Privacy Act 1993 (1993 No 28)
Insert in paragraph (b) of the item in the Fifth Schedule relating to the access by the Department for Courts to Police records containing particulars of the identity of persons who have been charged with an offence, after the expression "Criminal Justice Act 1985", the expression ", the Sentencing and Parole Reform Act 2001. ".
Insert in the item of the Fifth Schedule relating to access by the Department for Courts to Police records containing information about victim identity, after the expression "Criminal Justice Act 1985", the expression ", the Sentencing and Parole Reform Act 2001, ".
Omit from the Fifth Schedule the description of the Department of Corrections records in respect of community-based sentences and conditions of release and substitute:
"Particulars of persons -
"(a) released on probation or parole, or released on conditions under Part VI of the Criminal Justice Act 1985, or sentenced to community service, periodic detention, supervision, or a community programme; or
"(b) released on parole, home detention, or compassionate release under subpart 2 of Part 3 of the Sentencing and Parole Reform Act 2001 or sentenced to supervision or community work."
Resource Management Act 1991 (1991 No 69) Repeal section 339(4) and substitute:
"(4) A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing and Parole Reform Act 2001, with all necessary modifications, apply accordingly."
Social Security Act 1964 (1964 No 136)
Omit from section 27B(1)(e) the words "(as defined in section 2 of the Criminal Justice Act 1985)".
Omit from section 76(5) the words "preventive detention, or corrective training,".
Summary Proceedings Act 1957 (1957 No 87)
Repeal section 9C(2) and substitute:
"(2) If a person who is charged with an offence to which this section applies is found guilty of that offence by a court presided over by a District Court Judge or pleads guilty to that offence, a court presided over by 1 or more Community Magistrates may, in accordance with the Sentencing and Parole Reform Act 2001, do 1 or more of the following acts:
"(a) discharge the offender without conviction under section 95 of that Act and, if the court thinks fit, make an order under subsection (3) of that section:
"(b) discharge the offender under section 97 of that Act and, if the court thinks fit, make an order under subsection (3) of that section:
"(c) make, under section 99 of that Act, an order requiring the offender-to appear for sentence if called upon to do so within a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order:
"(d) on making an order under section 99 of that Act, also make an order under section 99(4) of that Act:
"(e) impose, under section 29 of that Act, a sentence of reparation on the offender:
"(f) subject to subsections (2) to (4) of section 36 of that Act, sentence the offender to pay a fine:
"(g) make, under section 101 of that Act, a non-association order in respect of the offender:
"(h) impose, under section 51 of that Act, a sentence of community work on the offender:
"(i) impose, under section 41 of that Act, a sentence of supervision on the offender:
"(j) make, under section 112 of that Act, an order that disqualifies the offender from holding or obtaining a driver licence:
"(k) make, under section 116 of that Act, a confiscation order in respect of a motor vehicle:
"(1) make, under section 119(2)(a) of that Act, an order that prohibits the-offender from acquiring any interest in any motor vehicle within 12 months after the date of the order:
"(m) make, under section 119(3)(a) of that Act, an order that sets aside the disposition by the offender of a motor vehicle or of an interest in a motor vehicle."
Omit from section 9C(3) the words "a full-time custodial sentence (within the meaning of section 2(1) of the Criminal Justice Act 1985)" and substitute the words "a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing and Parole Reform Act 2001)" .
Insert in section 9E(c), after the expression "Criminal Justice Act 1985", the expression ", Sentencing and Parole Reform Act 2001, ".
Insert in section 9F, after subsection (2), the following subsection:
"(2A) If the sentencing of an offender is referred under this section to a District Court presided over by a District Court Judge, that court may impose any sentence that it considers appropriate. "
Omit from section 20A(3)(d) and (6)(c) the words "section 19 of the Criminal Justice Act 1985" and substitute in each case the words "section 95 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 71(1 A) the words "section 10 of the Criminal Justice Act 1985" and substitute the words "section 37 of the Sentencing and Parole Reform Act 2001 ".
Omit from section 82(1) the words "an information or" and substitute the word "a".
Omit from section 83(3A)(a) the words "full-time custodial sentence under section 10 of the Criminal Justice Act 1985" and substitute the words "sentence of imprisonment under section 37 of the Sentencing and Parole Reform Act 2001 ".
Repeal paragraphs (c) to (e) of section 88(3) and substitute:
"(c) subject to sections 52 to 72 of the Sentencing and Parole Reform Act 2001, sentence the defendant to community work; or".
Omit from section 88(3AAA) the words "or impose, under subsection (3)(e), a sentence of corrective training".
Omit from section 88(3AAA) the words "or the imposition of such a sentence".
Omit from section 88(3AA) the words "neither a period of imprisonment nor a sentence of corrective training shall" and substitute the words "a period of imprisonment must not".
Omit from section 88(5) the words "or a sentence of community service, periodic detention, or corrective training" and substitute the words "or a sentence of community work".
Omit from section 89(2) the words "community service, periodic detention, or corrective training" and substitute the words "community work".
Repeal section 91(2).
Repeal section 91(3) and substitute:
"(3) If a defendant is, on the non-payment of a fine, subject to a sentence of community work and a probation officer receives written notice from a Registrar that the fine in respect of which the sentence was imposed has been paid, the probation officer must direct that the defendant is no longer subject to that sentence in respect of the fine."
Omit from section 91(4) the words "community service order and the probation officer supervising the sentence" and substitute the words "sentence of community work and a probation officer".
Omit from section 106E(2)(b) the words "full-time custodial sentence under section 10 of the Criminal Justice Act 1985" and substitute the words "sentence of imprisonment under section 27 of the Sentencing and Parole Reform Act 2001 ".
Repeal section 124(3A) and (3B) and substitute:
"(3A) Where under any determination in respect of which either party appeals the Court has sentenced the defendant to community work, the sentence ceases to run on the day notice of appeal is filed."
Omit from section 135(3) the words "section 143 of the Criminal Justice Act 1985" and substitute the words "section 116 of the Sentencing and Parole Reform Act 2001 ".
Omit from the item in Schedule 2A relating to section 135 of the principal Act the words "section 143 of the Criminal Justice Act 1985" and substitute "section 116 of the Sentencing and Parole Reform Act 2001 ".
Summary Proceedings Amendment Act (No 2) 1996 (1996 No 146)
Repeal section 3(3)(a).
Wildlife Act 1953 (1953 No 31)
Repeal section 67G and substitute the following section: "67G Sentence of community work
A court may sentence any person who commits an offence against this Act to a sentence of community work and the provisions of Part 2 of the Sentencing and Parole Reform Act 2001 apply with all necessary modifications."