Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698844534172.pdf (New Zealand)
Reprint as at 26 August 2010 Sentencing Regulations 2002 (SR 2002/178) Silvia Cartwright, Governor-General Order in Council At Wellington this 13th day of June 2002 Present: The Right Hon Helen Clark presiding in Council Pursuant to section 147 of the Sentencing Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents 1 Title Page 2 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice and the Department of Corrections.
1 Sentencing Regulations 2002 Reprinted as at 26 August 2010 2 2 3 3 4 4 6 Commencement Interpretation Changes to ownership of confiscated motor vehicles Security interests in respect of confiscated vehicles Information relating to making of protection order under section 123B of Act to be sent to Family Court Prescribed forms Schedule Forms Regulations Title These regulations are the Sentencing Regulations 2002.

Commencement These regulations come into force on 30 June 2002.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Sentencing Act 2002 chief executive— (a) means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of the Land Transport Act 1998; and includes— (i) (b) (ii) any person to whom the chief executive has dele- gated the functions of the Registrar of motor ve- hicles under the Transport (Vehicle and Driver Registration and Licensing) Act 1986: any person for the time being authorised by the chief executive to perform any function of the Registrar of motor vehicles under the Transport (Vehicle and Driver Registration and Licensing) Act 1986. r 1 2 3 4 4A 4B 5 1 2 3 2 Reprinted as at 26 August 2010 Sentencing Regulations 2002 r 4A 4 (1) Changes to ownership of confiscated motor vehicles If a court makes an order for the confiscation of a motor ve- hicle under section 128 or section 129 of the Act, the Registrar must give written notice of the terms of the order to the chief executive.
(2) On receipt of any notice under subclause (1), the chief execu- tive must— (a) issue to the Registrar of the court a duplicate certificate of registration in respect of the motor vehicle; and (b) make an appropriate entry in the appropriate register, and endorse a memorandum of that entry on the dupli- cate certificate of registration.

(3) (4) (5) [Revoked] [Revoked] [Revoked] Regulation 4(3): revoked, on 1 December 2009, by regulation 4 of the Sentenc- ing Amendment Regulations 2009 (SR 2009/360).
Regulation 4(4): revoked, on 1 December 2009, by regulation 4 of the Sentenc- ing Amendment Regulations 2009 (SR 2009/360).

Regulation 4(5): revoked, on 1 December 2009, by regulation 4 of the Sentenc- ing Amendment Regulations 2009 (SR 2009/360).
4A Security interests in respect of confiscated vehicles (1) This regulation applies if a motor vehicle is confiscated under section 128, 129, or 129A of the Act and— (a) surrendered in accordance with section 132 of the Act; or seized under a warrant issued under section 132 of the Act.

(b) (2) (3) The Registrar of the court must, on the day after the vehicle is surrendered or seized, take all lawful and reasonable steps to check whether any security interest is registered in respect of the vehicle.
If a security interest is found to be registered, the Registrar must immediately notify the person entered in the register as the secured party of the following matters: (a) that the Registrar may— (i) sell the motor vehicle under section 137 of the Act; or 3 r 4B Sentencing Regulations 2002 Reprinted as at 26 August 2010 (b) (c) (ii) dispose of the motor vehicle under section 138 of the Act: if the vehicle is confiscated under section 128 or 129 of the Act, the effect of sections 137 and 139 to 142 of the Act: if the vehicle is confiscated under section 129A of the Act, the effect of sections 137, 137A, 139, and 142 of the Act.
Regulation 4A: inserted, on 1 December 2009, by regulation 5 of the Sentencing Amendment Regulations 2009 (SR 2009/360).

4B (1) Information relating to making of protection order under section 123B of Act to be sent to Family Court This regulation applies if a protection order is made under sec- tion 123B(2) of the Act.
(2) As soon as possible after complying with section 123F(1) of the Act, the court must send to the Registrar of the Family Court,— (a) if the offender has been served with a copy of the order, proof of service; and if the court has directed the offender to attend a specified programme, a copy of that direction; and if requested by the Registrar of the Family Court, copies of any other specified information relating to the mak- ing of the protection order.
(b) (c) Regulation 4B: inserted, on 1 July 2010, by regulation 5 of the Sentencing Amendment Regulations 2010 (SR 2010/123).

Prescribed forms 5 (1) A reference in these regulations to a numbered form is a ref- erence to that form as set out in the Schedule.

Forms 1 to 9, 11, 11AA, 11A, 11B, 12, and 12B to 12F, or forms to the same effect, may be used in respect of the matters under the Act to which those forms relate.
Forms 10, 12A and 13 to 27, or forms to the same effect, must be used in respect of the matters under the Act to which those forms relate.
(2) (3) 4 Reprinted as at 26 August 2010 Sentencing Regulations 2002 r 5 (4) A form specified in subclause (2) or (3) is used in accordance with that subclause even if the form is used with either or both of the following, so long as the form is not misleading: (a) additional information included because it is required for identification or other official purposes: any variations that the circumstances may require.
(b) Regulation 5: substituted, on 1 December 2009, by regulation 4 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

Regulation 5(2): substituted, on 1 July 2010, by regulation 4 of the Sentencing Amendment Regulations 2010 (SR 2010/123).

Regulation 5(2): amended, on 26 August 2010, by regulation 4 of the Sentenc- ing Amendment Regulations (No 2) 2010 (SR 2010/207).
Regulation 5(3): substituted, on 1 July 2010, by regulation 4 of the Sentencing Amendment Regulations 2010 (SR 2010/123).

5 Schedule Sentencing Regulations 2002 Schedule Forms Reprinted as at 26 August 2010 r 5 Schedule: substituted, on 1 October 2007, by regulation 4 of the Sentencing Amendment Regulations 2007 (SR 2007/255).
Order for sentence of supervision Order for sentence of intensive supervision Order for sentence of community work Order for sentence of community detention Warrant to arrest offender Order for sentence of home detention Order for minimum period of imprisonment within determinate sentence or sentence of imprisonment for life Order for minimum period of imprisonment within sentence of preventive detention Warrant of commitment for sentence of imprisonment Summons to offender subject to an order to come up for sentence if called on Warrant to arrest offender subject to an order to come up for sentence if called on Warrant for confiscation of motor vehicle 11AA Protection order 11A Warning notice to secured party 11B Written caution 12 12A Warrant for recovery of motor vehicle 12B 12C 12D 12E 12F 13 Notice of consequences of first warning Notice of consequences of final warning Notice of cancellation of warning Notice of substituted warning Order that offender serve full term of imprisonment General heading for proceedings that relate to instrument forfeiture orders Prosecutor’s notice that court should consider making instrument forfeiture order Notice of court’s decision and directions in response to prosecutor’s notice Notice to interested persons that court to consider making instrument forfeiture order Order to enter on register notice of possible instrument forfeiture order 14 15 16 17 6 Page 8 11 14 17 20 21 26 28 29 32 33 34 43 45 49 51 53 55 57 58 60 62 63 64 66 68 Reprinted as at
 26 August 2010 Sentencing Regulations 2002 Schedule 26 27 Order to cancel entry on register noting possible instrument forfeiture order Direction to provide further information to court Order requiring offender or other person to complete declaration of ownership Declaration of ownership Instrument forfeiture order Warrant authorising officer of court to search for and seize document(s) to effect transfer of property Application for relief from instrument forfeiture order List of persons served with notice of application for relief from instrument forfeiture order Order for relief from instrument forfeiture order Notice of application for leave to apply out of time for relief from instrument forfeiture order 69 70 72 74 76 78 80 83 84 87 7 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 1 Order for sentence of supervision Section 45, Sentencing Act 2002 Case No: To [full name] of [address], [occupation] At a sitting of the [court and place] this [date] you were sentenced to supervision for a period of [specify period] for [offence].
The start date of the sentence is the date of this order.

You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours, after your sentence of supervision was imposed.

The standard conditions for supervision are set out in section 49 of the Sentencing Act 2002 (a list of which is attached to this form).
*In addition to the standard conditions for supervision, the court im- posed the following special conditions under sections 50 and 52 of the Sentencing Act 2002: [specify special conditions].

*Delete if inapplicable.

Consequences of non-compliance Failure to comply with the terms of this sentence, without reason- able excuse, may result in you being charged under section 70 of the Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $1,000.
Variation or cancellation of sentence You, or your probation officer, may apply under section 54 of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.

Dated at the [specify] Court at [place] on [date].
.................................................. (Deputy) Registrar 8 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 1—continued Standard conditions of sentence of supervision Section 49 of the Sentencing Act 2002 provides that the following conditions apply to every sentence of supervision: (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after the sentence is imposed: the offender must report to the probation officer as and when required to do so by the probation officer, and must notify the officer of his or her residential address and the nature and place of his or her employment when requested to do so: the offender must not move to a new residential address in another probation area without the prior written consent of a probation officer: if consent is given under paragraph (c), the offender must re- port in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area: if the offender intends to change his or her residential address within a probation area, the offender must give a probation of- ficer reasonable notice before moving from his or her residen- tial address (unless notification is impossible in the circum- stances) and must advise the probation officer of the new ad- dress: the offender must not reside at any address at which a proba- tion officer has directed the offender not to reside: the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage: the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
(b) (c) (d) (e) (f) (g) (h) (i) 9 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 1—continued The conditions in paragraphs (c) to (f) do not apply to the extent that they are inconsistent with— • • any special condition imposed by the court; or in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.
Schedule form 1: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

10 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 2 Order for sentence of intensive supervision Section 54B, Sentencing Act 2002 Case No: To [full name] of [address], [occupation] At a sitting of the [court and place] this [date] you were sentenced to intensive supervision for a period of [specify period] for [offence].
The start date of the sentence is the date of this order.

You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours, after your sentence of intensive supervision was imposed.

The standard conditions for intensive supervision are set out under section 54F of the Sentencing Act 2002 (a list of which is attached to this form).
*In addition to the standard conditions for intensive supervision, the Court imposed the following special conditions under sections 54G and 54I of the Sentencing Act 2002: [specify special conditions].

*Delete if inapplicable.


Consequences of non-compliance Failure to comply with the terms of this sentence, without reasonable excuse, may result in you being charged under section 70A of the Sentencing Act 2002 with an offence punishable by a maximum of 6 months’ imprisonment or a fine not exceeding $1,500.
Variation or cancellation of sentence You, or your probation officer, may apply under section 54K of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.

Dated at the [specify] Court at [place] on [date].
11 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 2—continued .................................................. (Deputy) Registrar Standard conditions of sentence of intensive supervision Section 54F of the Sentencing Act 2002 provides that the following conditions apply to every sentence of intensive supervision: (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after the sentence is imposed: the offender must report to a probation officer at least once in each week during the first 3 months of the sentence, at least once in each month during the remainder of the sentence, and otherwise as and when required to do so by a probation officer: the offender must notify a probation officer of his or her resi- dential address and the nature and place of his or her employ- ment when asked to do so: the offender must not move to a new residential address in another probation area without the prior written consent of a probation officer: if consent is given under paragraph (d), the offender must re- port in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area: if an offender intends to change his or her residential address within a probation area, the offender must give a probation of- ficer reasonable notice before moving from his or her
 residen- tial address (unless notification is impossible in the circum- stances) and must advise the probation officer of the new ad- dress: the offender must not reside at any address at which a proba- tion officer has directed the offender not to reside: the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage: (b) (c) (d) (e) (f) (g) (h) 12 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 2—continued (i) (j) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
The conditions in paragraphs (d) to (g) do not apply if, and to the extent that, they are inconsistent with— • • any special condition imposed by the court; or in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.

Schedule form 2: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).
13 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 3 Order for sentence of community work Section 55, Sentencing Act 2002 Case No: To [full name] of [address], [occupation] At a sitting of the [court and place] this [date] you were sentenced to [number] hours of community work for [offence].

*This sentence is cumulative on [specify cumulative sentences].

*Delete if inapplicable.


*The start date of the sentence is the date of this order or the expiry of any sentence this order is cumulative upon (if applicable).

*The start date of your sentence was deferred under section 57A of the Sentencing Act 2002.

The start date of your sentence is [deferred start date].

*Delete whichever is inapplicable.


*The Court has authorised that the probation officer may direct that some of the hours of work ordered to be undertaken be instead spent in training in basic work and living skills.

*Delete if inapplicable.

*You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours, after your sentence of community work was imposed.
*You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours, after [deferred start date].

*Delete whichever is inapplicable.

During the course of your sentence, you must comply with the terms of the sentence, including that you must report to a probation officer at any time you are directed to do so.

You must work as directed by your probation officer until the com- pletion of your sentence.
Consequences of non-compliance Failure to comply with the terms of this sentence, without reason- able excuse, may result in you being charged under section 71 of the 14 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 3—continued Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $1,000.
Variation or cancellation of sentence You, or your probation officer, may apply under section 68 of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.

Dated at the [specify] Court at [place] on [date].
.................................................. (Deputy) Registrar Notes: • in accordance with section 58(1) and (2) of the Sentencing Act 2002,— • if your sentence requires you to perform community work of 100 hours or less, that sentence must be served within 6 months of the date that it commences: if your sentence requires you to perform community work of more than 100 hours you must serve at least 100 hours in every 6-month period until the number of hours imposed under the sentence has been served: • • • • in accordance with section 60 of the Sentencing Act 2002, if you move to a new residential address, you must, within 72 hours, notify a probation officer of your new residential address: in accordance with section 64(3) of the Sentencing Act 2002, you are not required to work for more than 10 hours in succes- sion, nor more than 40 hours in a week: in accordance with section 66A of the Sentencing Act 2002, a Judge may permit a probation officer to direct that up to 20% 15 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 3—continued of your community work hours be converted to basic work and living skills training.
If you fail, without reasonable excuse, to complete the number of hours training in basic work and living skills directed, no hours spent in training are to be treated as hours of community work, and you will have to complete all of the hours of community work ordered: in accordance with section 66D of the Sentencing Act 2002, if you do not carry out your work to the satisfaction of a pro- bation officer, the probation officer may refuse to count those hours of work as work undertaken under the sentence, up to a maximum of 10% of the total number of hours of community work ordered by the court: in accordance with section 67 of the Sentencing Act 2002, if a probation officer is satisfied that you have a good record of compliance with your sentence, the probation officer may remit up to 10% of the number of hours of community work imposed by the court.
Schedule form 3: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

• • 16 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 4 Order for sentence of community detention Section 69B, Sentencing Act 2002 Case No: To [full name] of [address], [occupation] At a sitting of the [court and place] this [date] you were sentenced to community detention for a period of [specify period] for [offence].
*This sentence is cumulative on [specify cumulative sentences].

*Delete if inapplicable.

The start date of the sentence is the date of this order or the expiry of any sentence this order is cumulative upon (if applicable).

*You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 24 hours, after your sentence of community detention was imposed.

*If 24 hours would elapse on a weekend or public holiday.
*You must report to a probation officer in the probation area in which you reside on the next working day.

*Delete if inapplicable.

The sentence includes a curfew period or periods starting from [cur- few start date], to be spent at the curfew address, as specified below: [specify curfew details].

The standard conditions of community detention are set out in section 69E of the Sentencing Act 2002 (a list of which is attached to this form).
Consequences of non-compliance Failure to comply with the terms of this sentence, without reasonable excuse, may result in you being charged under section 69G of the Sentencing Act 2002 with an offence punishable by a maximum of 6 months’ imprisonment or a fine not exceeding $1,500.
Any person who refuses or fails, without reasonable excuse, to allow a probation officer to enter the curfew address at a time when you are required to be at the address, may be charged under section 69H of the Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
17 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 4—continued Any person who refuses or fails, without reasonable excuse, to allow an authorised person to enter the curfew address at any time for the purpose of servicing or inspecting the electronic monitoring equip- ment, may be charged under section 69H with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
Variation or cancellation of sentence You, or your probation officer, may apply under section 69I of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.

Dated at the [specify] Court at [place] on [date].
.................................................. (Deputy) Registrar Standard conditions of sentence of community detention Under section 69E of the Sentencing Act 2002, the following condi- tions apply to every sentence of community detention for the duration of the sentence: (a) during the curfew period the offender must not, at any time, leave the curfew address except in the following circum- stances: • • to seek urgent medical or dental treatment; or to avoid or minimise a serious risk of death or injury to the offender or any other person; or with the approval of a probation officer (if the offender is also serving a sentence of supervision or intensive supervision)— • to seek or engage in employment; or • 18 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 4—continued (b) (c) (d) (e) (f) • • • • to attend training or other rehabilitative or rein- tegrative activities or programmes; or to attend a restorative justice conference or other process relating to the offender’s offending; or to carry out any undertaking arising from any restorative justice process; or with the approval of a probation officer and sub- ject to any conditions imposed by the probation officer, on humanitarian grounds: during the curfew period the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer: the offender must report in person to a probation officer in the probation area in which the
 offender resides as soon as practicable, and not later than 24 hours, after the sentence is imposed, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day: the offender must report to a probation officer as and when re- quired to do so by the probation officer, and must notify the probation officer of his or her residential address, any change to that address, and the nature and place of his or her employ- ment when asked to do so: the offender must keep in his or her possession this curfew order and, if requested to do so by a constable or a probation officer, must produce the order for inspection: the offender must, when required to do so by a probation of- ficer, submit to the electronic monitoring of compliance with the conditions of his or her sentence, which may require the offender to be connected to electronic monitoring equipment throughout the sentence term and not just throughout the cur- few period.
Schedule form 4: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

Schedule form 4: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
19 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 5 Warrant to arrest offender Section 72(3), Sentencing Act 2002 Case No: To every constable On the [date], [full name] of [address], [occupation] (the offender) was convicted of [specify offence] by the [court and place] and was sentenced to [supervision, or community work, or intensive supervi- sion, or community detention, or home detention].
An application has been made under [section 54 or section 68 or section 54K or section 69I or section 80F] of the Sentencing Act 2002 for the [variation or cancellation] of the sentence.

I direct you to arrest the offender and bring the offender before the [court and place] as soon as possible to enable the application to be dealt with.

Dated at the [specify] Court at [place] on [date].


.................................................. Judge Schedule form 5: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

Schedule form 5: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
20 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 6 Order for sentence of home detention Section 80A, Sentencing Act 2002 Case No: To [full name] of [address], [occupation] At a sitting of the [court and place] this [date] you were sentenced to home detention for a period of [specify period] for [offence] to be served at the home detention residence at [address].

*This sentence is cumulative on [specify cumulative sentences].

*Delete if inapplicable.


*The start date of the sentence is the date of this order, or the expiry of any sentence this order is cumulative upon (if applicable).

*The start date of your sentence was deferred under section 80W of the Sentencing Act 2002.

The start date of your sentence is [deferred start date].

*Delete if inapplicable.


*You must go to and remain at the residence where the sentence is to be served immediately upon receiving this order, unless a probation officer has authorised you to be absent for a particular reason.

Or if sentence is deferred: *You must go to and remain at the residence where the sentence is to be served on [deferred start date], unless a probation officer has authorised you to be absent for a particular reason.

*Delete if inapplicable.


The standard conditions of home detention are set out in section 80C of the Sentencing Act 2002 (a list of which is attached to this form).

*In addition to the standard conditions for home detention, the Court imposed the following special conditions under section 80D of the Sentencing Act 2002: [specify special conditions].
*Post-detention conditions apply or have been imposed by the Court under section 80N of the Sentencing Act 2002 (a list of which is attached to this form) and will apply to your home detention sentence for a period of [duration] from the detention end date.

*In addition to the standard post-detention conditions the Court im- posed the following special post-detention conditions under section 80O: [specify special post-detention conditions].
21 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 6—continued *Delete if inapplicable.

Consequences of non-compliance Failure to comply with the terms of this sentence, without reasonable excuse, may result in you being charged under section 80S of the Sentencing Act 2002 with an offence punishable by a maximum of 1 year’s imprisonment or a fine not exceeding $2,000.
Any person who refuses or fails, without reasonable excuse, to allow a probation officer to enter the home detention residence at a time when you are required to be at the residence, may be charged under section 80T of the Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
Any person who refuses or fails, without reasonable excuse, to allow an authorised person to enter the home detention residence at any time for the purpose of servicing or inspecting the electronic moni- toring equipment, may be charged under section 80T of the Sentenc- ing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
Failure to comply with the post-detention conditions, without reason- able excuse, may result in your being charged under section 80T of the Sentencing Act 2002 with an offence punishable by a maximum of 6 months’ imprisonment or a fine not exceeding $1,500.
Variation or cancellation of sentence You, or your probation officer, may apply under section 80F of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.

Variation or discharge of post-detention conditions You, or your probation officer, may apply under section 80Q of the Sentencing Act 2002 for variation or discharge of your post-detention conditions.
22 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 6—continued Dated at the [specify] Court at [place] on [date].
.................................................. (Deputy) Registrar Standard conditions of sentence of home detention Under section 80C of the Sentencing Act 2002, the following condi- tions apply to every sentence of home detention: (a) the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer: the offender must not leave the home detention residence at any time except in the circumstances set out in section 80C(3), (4), and (5) of the Sentencing Act 2002 (see below): the offender must keep in his or her possession this order and, if requested to do so by a constable or a probation officer, must produce the order for inspection: the offender must, when required by a probation officer, sub- mit to the electronic monitoring of compliance with his or her detention conditions: the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage: the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
(b) (c) (d) (e) (f) (g) Section 80C(3) of the Sentencing Act 2002 provides that the offender must not leave the home detention residence at any time except in the following circumstances: (a) to seek urgent medical or dental treatment: 23 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 6—continued (b) (c) to avoid or minimise a serious risk of death or injury to the offender or any other person; or with the approval of a probation officer— • • • to comply with any special condition; or to seek or engage in employment; or to attend training or other rehabilitative or reintegrative activities or programmes; or to attend a restorative justice conference or other process relating to the offender’s offending; or to carry out any undertaking arising from any restora- tive justice process; or for any other purpose specifically approved by the pro- bation officer.
• • • Section 80C(4) of the Sentencing Act 2002 provides that a probation officer may approve an alternative residence pending determination of an application to vary the home detention residence under section 80F.
Section 80C(5) of the Sentencing Act 2002 provides that a probation officer may authorise an offender, who has served three-quarters of a sentence of 6 months or more, to be absent from the home detention residence for up to 4 hours per day without a specified purpose for any or all remaining days under the sentence.
Standard post-detention conditions of sentence of home detention Section 80N of the Sentencing Act 2002 provides that the following conditions apply to every offender subject to post-detention condi- tions: (a) the offender must report to a probation officer as and when required to do so by a probation officer and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so: the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer: (b) 24 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule (c) (d) (e) (f) (g) (h) Form 6—continued if consent is given under paragraph (b), the offender must re- port in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area: if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her resi- dential address (unless notification is impossible in the circum- stances) and must advise the probation officer of the new ad- dress: the offender must not reside at any address at which a proba- tion officer has directed the offender not to reside: the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage: the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
Schedule form 6: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

Schedule form 6: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
25 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 7 Order for minimum period of imprisonment within determinate sentence or sentence of imprisonment for life Sections 86, 86D(4), 86E(4)(a), and 103, Sentencing Act 2002 Complete this form and attach it to form 9 (warrant of commitment).
To every constable and to the Manager of the prison at [place] 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and was this day/on [date]* sentenced to imprisonment for a term of [specify period]/imprisonment for life*.

*Select one.

For this paragraph select the statement that applies.
Section 86(2) of the Sentencing Act 2002 applies to the of- fender as I am satisfied that the period of imprisonment other- wise applicable to the offender’s determinate sentence under section 84(1) of the Parole Act 2002 is insufficient for all or any of the following purposes: • holding the offender accountable for the harm done to the victim and the community by the offending: denouncing the conduct in which the offender was in- volved: deterring the offender or other persons from committing the same or a similar offence: protecting the community from the offender.
• or I am satisfied that section 86D(4)/86E(4)(a)* of the Sentencing Act 2002 applies to the offender.

• • *Select one.
or Section 103(1)(a)(i) of the Sentencing Act 2002 applies to the offender, and I consider that the minimum term of imprison- ment specified below is necessary to satisfy all or any of the following purposes: 2 26 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 7—continued • • • holding the offender accountable for the harm done to the victim and the community by the offending: denouncing the conduct in which the offender was in- volved: deterring the offender or other persons from committing the same or a similar offence: protecting the community from the offender.
• The court orders, under section 86/86D(4)/86E(4)(a)/103* of the Sentencing Act 2002, that the offender must serve a min- imum period of imprisonment of [specify period].

*Select one.

3 Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 7: substituted, on 26 August 2010, by regulation 5 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
27 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 8 Order for minimum period of imprisonment within sentence of preventive detention Section 89, Sentencing Act 2002 Complete this form and attach it to form 9 (warrant of commitment).

To every constable and to the Manager of the prison at [place] 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] Court at [place] and was this day/on [date]* sentenced to preventive detention.
*Select one.

2 3 For this paragraph select the statement that applies.

I have considered the matters referred to in section 89(2) of the Sentencing Act 2002, and consider that a minimum period of imprisonment of [specify period] is appropriate.

or I am satisfied that section 86D(7) of the Sentencing Act 2002 applies to the offender, and consider that a minimum period of imprisonment of [specify period] is appropriate.
The court orders, under section 89 of the Sentencing Act 2002, that the offender serve a minimum period of imprisonment of [specify period].

Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 8: substituted, on 26 August 2010, by regulation 5 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
28 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 9 Warrant of commitment for sentence of imprisonment Section 91, Sentencing Act 2002 Case No: To every constable and to the Manager of [specify prison] [Full name] of [address], [occupation] (the offender) was on the [date] convicted of [specify offence] by the [court and place] and was sentenced in [court and place] this [date] to— *imprisonment for a term of [specify period].
*imprisonment for a term of [specify period], cumulative on [specify cumulative sentences].

*imprisonment for life.

*preventive detention.

*Delete if inapplicable.

*The offender has been granted leave to apply to the court for cancel- lation of the sentence of imprisonment and substitution of a sentence of home detention if the offender finds a suitable residence.

*Delete if inapplicable.


Start date of sentence *The start date of the sentence is the date of this order or the expiry of any sentence this order is cumulative upon (if applicable).

*The start date of the sentence was deferred under section 100 of the Sentencing Act 2002.

The start date of the sentence is [deferred start date].

*Delete whichever is inapplicable.


Legal representation *The offender was legally represented (as contemplated by section 30(1) of the Sentencing Act 2002) at the stage of the proceedings at which the offender was at risk of conviction.
*The offender was not legally represented (as contemplated by sec- tion 30(1) of the Sentencing Act 2002) at the stage of the proceedings at which the offender was at risk of conviction but the Court was sat- isfied, in accordance with section 30(2) of the Sentencing Act 2002, 29 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 9—continued that the offender refused or failed to exercise his or her rights re- lating to legal representation (or engaged counsel but subsequently dismissed him or her).
*Delete whichever is inapplicable.

You, the constables, are directed to deliver the offender to the man- ager of [specify prison].

And you, the Manager, are directed to receive the offender into your control and to detain the offender for the purposes of the sentence.
Release conditions imposed by the Court *The offender is a person to whom section 93(1) of the Sentencing Act 2002 applies, and the Court imposed— *(a) the standard release conditions set out in section 14 of the Pa- role Act 2002, which expire on [date]: the special conditions listed below, which expire on [date].
[list special conditions] *(b) *(c) *The offender was a person to whom section 93(2) of the Sentencing Act 2002 applies, and— *(a) the standard release conditions set out in section 14 of the Pa- role Act 2002 apply until they expire on [specify]: the special conditions listed below apply until they expire on [specify].

[list special conditions] *(b) *(c) *Delete if inapplicable.

Dated at the [specify] Court at [place] on [date].


.................................................. Judge 30 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 9—continued Period spent on remand The period spent by the offender in control on remand is specified for the purpose of section 92 of the Parole Act 2002 as [number] days.

Dated at the Prison at [place] on [date].

..................................................


Manager Schedule form 9: substituted, on 1 October 2007, by regulation 4 of the Sen- tencing Amendment Regulations 2007 (SR 2007/255).

Schedule form 9: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
31 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 10 Summons to offender subject to an order to come up for sentence if called on Section 111(3)(a), Sentencing Act 2002 To [full name] of [address], [occupation] On [date] you were convicted of [offence] (the original offence), and ordered to come up for sentence if called on within [specify period] months.
On [date], an application was made for you to be brought before this Court to be dealt with for the original offence on the following ground(s): *That, on [date], you were convicted by the Court at [place] of [of- fence], being an offence punishable by imprisonment for a term of more than 3 months.

*That you have failed to comply with an order made by the Court under section 110(3) of the Sentencing Act 2002.
*That you failed to comply with an agreement or failed to take any measure or action of a kind referred to in section 10(1)(b), (d), or (e) of the Sentencing Act 2002 that was brought to the attention of the Court at the time the Court made the order under section 110 of the Sentencing Act 2002.

*Delete if inapplicable.

You are summoned to appear on [date and time] in [specify] Court at [place] to show cause why you should not be dealt with for the original offence.
Dated at the [specify] Court at [place] on [date].

.................................................. (Deputy) Registrar Schedule form 10: added, on 1 October 2007, by regulation 4 of the Sentencing Amendment Regulations 2007 (SR 2007/255).
32 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11 Warrant to arrest offender subject to an order to come up for sentence if called on Section 111(3)(b) or (c), Sentencing Act 2002 To every constable On [date], [full name] of [address], [occupation] (the offender), was convicted of [specify offence] (the original offence), and ordered to come up for sentence if called on within [specify period].
*On [date], a summons was issued to the offender requiring the of- fender to appear in this Court on [date] to show cause why the of- fender should not be dealt with for the original offence, but the of- fender failed to appear before this Court in answer to the summons.

*On [date], an application was made for the offender to be brought before this Court to be dealt with for the original offence.

*Delete if inapplicable.


You are directed to arrest the offender and have the offender brought before this Court so that the offender may show cause why the of- fender should not be dealt with for the original offence.

Dated at the [specify] Court at [place] on [date].

.................................................. Judge Schedule form 11: added, on 1 October 2007, by regulation 4 of the Sentencing Amendment Regulations 2007 (SR 2007/255).
Schedule form 11: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

33 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11AA Protection order Section 123B, Sentencing Act 2002 *In the High Court of New Zealand, [name of registry] Registry *In the District Court at [place] *Select one.
No: [numbers of proceeding] To [full name, address, occupation], the offender The court on [date] makes a protection order against you under sec- tion 123B of the Sentencing Act 2002.

Person(s) protected by the order This order protects the following person(s): [Full name of person against whom the offence was committed by the offender] *[Full name of each child who ordinarily or periodically resides with the person against whom the offence was committed by the offender].

*Omit if it does not apply.
Conditions of order Standard conditions prohibiting domestic violence and contact It is a condition of this order that— the offender must not— (a) (i) physically or sexually abuse any protected per- son; or threaten to physically or sexually abuse any pro- tected person; or damage, or threaten to damage, property of any protected person; or in other be- engage, or threaten to engage, haviour, including intimidation or harassment, that amounts to psychological abuse of any pro- tected person; or encourage any person to engage in behaviour against any protected person if that behaviour, if (ii) (iii) (iv) (v) 1 34 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11AA—continued engaged in by the offender, would be prohibited by the order; and (b) unless the protected person and the offender are living in the same dwellinghouse with the express consent1 of the protected person (which may be withdrawn at any time), the offender must not— (i) watch, loiter near, or prevent or hinder access to or from, any protected person’s place of resi- dence, business, employment, educational insti- tution, or any other place that any protected per- son visits often; or follow any protected person about, or stop or ac- cost any protected person in any place; or (iii) without the protected person’s express consent1, enter or remain on any land or building occupied by any protected person; or if any protected person is present on any land or building, enter or remain on that land or building in circumstances
 that constitute a trespass; or (iv) (ii) (B) (v) make any other contact with any protected per- son (whether by telephone, electronic message, correspondence, or otherwise), except contact— that is reasonably necessary in any emer- (A) gency; or that is permitted under any order or written agreement relating to the role of providing day-to-day care for, or access to, or contact with, or custody of, any minor; or that is permitted under any special condi- tion of this protection order; or that is necessary for the purposes of attend- ing a family group conference under the Children, Young Persons, and Their Fam- ilies Act 1989.
(D) (C) 1 The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf.

35 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11AA—continued Omit this paragraph if it does not apply.
2 Standard conditions relating to weapons It is also a condition of this order that the offender— (a) must not possess, or have under his or her control, any weapon; and (b) must not hold a firearms licence; and (c) must,— (i) as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after that service; and on demand made, at any time, by any con- stable,— (ii) surrender to a member of the Police— (iii) any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and any firearms licence held by him or her.
(iv) Notes • • The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammu- nition, or explosive, as those terms are defined in the Arms Act 1983.

If the court has modified the terms of the standard con- dition relating to weapons, or directed that the standard condition relating to weapons is not a condition of the order, set out the terms of the court’s decision.
36 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11AA—continued Omit this paragraph if it does not apply.

3 Special conditions The court also imposes the following special conditions: [spe- cify].

Unless otherwise stated, these conditions last for the duration of this order.

Omit this paragraph if it does not apply.


Attendance at programme 4 The court directs (or has directed) [full name of offender] to attend the following programme: [name of programme and programme provider].

The offender must attend the programme— *(a) *(b) for [number] sessions per month.

for 1 session per month and for any other session or sessions per month that the programme provider from time to time specifies.
for the number of sessions per month that the pro- gramme provider from time to time specifies.

The offender must attend the programme for the first time— *(a) on [date, time] at [place].

*(b) on a date and at a time and place to be advised by the *(c) programme provider as soon as practicable.

*Select one.

Date: Registrar: Important information for offender Effect of protection order This order is a final protection order that lasts indefinitely.
Certain conditions of this order may have a limited duration.

37 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11AA—continued Omit this paragraph if it does not apply.

Effect of standard condition relating to weapons The effect of this condition is that any firearms licence held by you is automatically revoked.
If you have not already done so, you must surrender to a member of the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order or on demand made by a constable.

If you do not, the Police may use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons.

You may also be prosecuted for failing to comply with this order (see below).
This order may permit you to have in your possession, or under your control, a specified weapon, or weapons of a specified class, either unconditionally or subject to certain conditions.

You may also be permitted to hold a firearms licence.

You are in breach of this order if you possess weapons, or have weapons under your control, other than as permitted by this order.

Omit this paragraph if it does not apply.

Direction to attend programme The court has directed you to attend a programme.
If you fail to at- tend programme sessions, you may be prosecuted for failing to com- ply with this order (see below).

Prohibition on contact with protected person The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and a protected person.
You should read the terms of the order very carefully to find out what contact you may or may not have with any protected person.

If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on con- tact and any special condition that is inconsistent with living in the same dwellinghouse are suspended.

The protected person may withdraw that consent at any time.
If that happens (and this order has not in the meantime been discharged or 38 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11AA—continued varied), you must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.
Modification or discharge of this order You or a protected person may apply to a Family Court at any time— for the modification or discharge of the standard condition re- (a) lating to weapons.
(The Family Court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic vio- lence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction to attend a pro- gramme, or for that direction to be made: for this order to be discharged.
(d) (b) (c) Consequences of breach of this order You commit an offence if you breach the order by— doing an act in contravention of this order; or (a) failing to comply with any condition in this order.

(b) You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 2 years’ imprisonment.

If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant.
Police bail is not avail- able during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.

Consequences of failing to comply with direction You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to attend a programme.
39 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11AA—continued The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of a Family Court is open from 9 am to 5 pm on Mondays to Fridays inclusive.

Important information for protected persons Effect of protection order This order is a final protection order that lasts indefinitely.
Certain conditions of this order may have a limited duration.

Offender prohibited from contact with you The effect of this order is to prohibit the offender from having contact with you in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and the offender.
If you expressly consent to living in the same dwellinghouse with the offender, the prohibition on contact and any special condition that is inconsistent with living in the same dwellinghouse are suspended.

You may withdraw that consent at any time.

If that happens (and this order has not in the meantime been discharged or varied), the offender must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.

Attendance at programme You may request to attend a programme, or that any child protected by the order attend a programme, or that both yourself and a child 40 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11AA—continued protected by the order attend a programme.
If you wish to make such a request, you may do so by contacting the Registrar of a Family Court.

Modification or discharge of this order You (or the offender) may apply to a Family Court at any time— (a) for the modification or discharge of the standard condition re- lating to weapons.
(The Family Court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic vio- lence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction that the offender attend a programme, or for that direction to be made: for this order to be discharged.
(d) If the offender makes any of these applications, you will be notified and have an opportunity to dispute the application.

(b) (c) does any act in contravention of this order; or fails to comply with any condition in this order.

Consequences of breach of this order The offender commits an offence if he or she— (a) (b) The offender will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.
The maximum penalty for this offence is 2 years’ imprisonment.

If a constable has good cause to suspect that the offender has breached the order, the offender may be arrested without warrant.

Police bail is not available during the 24 hours immediately following an arrest.

During that period, the offender may apply to a Judge for bail.
41 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11AA—continued Consequences of failing to comply with direction The offender commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to attend a programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of a Family Court is open from 9 am to 5 pm on Mondays to Fridays inclusive.

Schedule form 11AA: inserted, on 1 July 2010, by regulation 6(1) of the Sen- tencing Amendment Regulations 2010 (SR 2010/123).

42 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11A Warning notice to secured party Section 129F, Sentencing Act 2002 Note: In this form, illegal street racing offence means an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998.
To every party to an encumbrance relating to the following vehicle: Make and model: Year of first registration: Registration number: 1 [Full name, address, occupation, date of birth] (the of- fender) was convicted on [date] of an offence against section 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 involv- ing this vehicle by the High Court/District Court* at [place].

*Select one.

2 3 4 5 6 following substitute/substitutes* for Omit this paragraph if it does not apply.
The has/have* an interest in the vehicle: [For each substitute, specify full name, address, occupation, and date of birth.]

the offender *Select one.

This is the second illegal street racing offence committed by the offender within 4 years.

On [date], the High Court/District Court* at [place] section convicted the offender of an offence against 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 (the previous offence).

*Select one.

The previous offence was committed on [date].
You are warned that the court may, in accordance with sec- tion 129A of the Sentencing Act 2002, order that any vehicle that the offender/a substitute* owns or in which the offender/a substitute* has an interest (including a vehicle other than the vehicle involved in the current offence or the previous offence) be confiscated and destroyed if— 43 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11A—continued (a) (b) the offender commits another illegal street racing of- fence before the expiry of 4 years from the commission of the previous offence; and the offender is driving or in charge of that vehicle at the material time.
*Select one.

Date: Place: Signature: (Registrar/Deputy Registrar*) *Select one.

Schedule form 11A: inserted, on 1 December 2009, by regulation 6 of the Sen- tencing Amendment Regulations 2009 (SR 2009/360).

44 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11B Written caution Section 129B, Sentencing Act 2002 Note: In this form, illegal street racing offence means an offence against section 36A(1)(a) or (c) of the Land Transport Act 1998.
To [full name, address, occupation, date of birth] (being a person registered in respect of the motor vehicle described in paragraph 3 or believed to have an interest in that vehicle) 1 [Full name, address, occupation, date of birth] (the offender) was convicted on [date] of [offence] (the current offence) by the High Court/District Court* at [place].

2 3 4 5 *Select one.

The current offence was committed on [date].


At the material time, the offender was driving or in charge of the following vehicle that you are believed to own or have an interest in: Make and model: Year of first registration: Registration number: The court is not satisfied that any of the exceptions from ser- vice of a written caution in section 129B(3) of the Sentencing Act 2002 apply to you.
* *The exceptions in section 129B(3) of the Sentencing Act 2002 are the same as grounds (a) to (d) outlined below under Right of review.
Part A Caution in respect of confiscation of vehicle You are warned that the court may order that any vehicle that you own or in which you have an interest (including a vehicle other than the vehicle involved in the current offence) be con- fiscated in accordance with section 128 of the Sentencing Act 2002 if— (a) the offender commits another offence specified in sec- tion 128(1) of the Sentencing Act 2002 (including an il- legal street racing offence) within 4 years after the com- mission of the current offence; and 45 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11B—continued (b) the offender is driving or in charge of that vehicle at the material time.
Part B Caution in respect of confiscation and destruction of vehicle Complete Part B only if the current offence is an illegal street racing offence.

6 For this paragraph select the statement that applies.

Statement A The offence committed by the offender on this occasion is an illegal street racing offence.

Statement B The offence committed by the offender on this occasion is— (a) (b) an illegal street racing offence; and the second illegal street racing offence committed by the offender within 4 years.
[place] On [date], the High Court/District Court* at convicted the offender of an offence against section 36A(1)(a)/36A(1)(c)* of the Land Transport Act 1998 (the previous offence).

*Select one.

The previous offence was committed on [date].

For this paragraph select the statement that applies.

7 Statement A (Select this statement if the current offence is the first illegal street racing offence committed by the offender within the last 4 years.)
The offender will have committed 3 illegal street racing of- fences within 4 years if the offender commits 2 further illegal street racing offences within 4 years after [date of commission of current offence].

46 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 11B—continued Statement B (Select this statement if the current offence is the second illegal street racing offence committed by the offender within the last 4 years.)
The offender will have committed 3 illegal street racing of- fences within 4 years if the offender commits 1 further illegal street racing offence within 4 years after [date of commission of previous offence].
You are warned that the court may order that any vehicle that you own or in which you have an interest (including a vehicle other than the vehicle involved in the current offence) may be confiscated and destroyed in accordance with section 129A of the Sentencing Act 2002 if— (a) the offender commits 3 illegal street racing offences within 4 years; and at the material time (in respect of the third illegal street racing offence) the offender is driving or in charge of that vehicle.
8 (b) Date: Place: Signature: (Judge) Right of review You have the right to seek a review of the decision to serve you with this written caution on 1 or more of the following grounds: (a) (b) the motor vehicle was stolen or converted at the material time: you did not own or have an interest in the motor vehicle at the material time: you are a party to an encumbrance (eg, a hire purchase agree- ment) relating to the motor vehicle but have no other relation- ship to the offender: the motor vehicle was let on hire at the material time in accord- ance with a rental service licence under the Land Transport Act 1998.
(c) (d) 47 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 11B—continued To apply for a review, you must send an application to the court that issued this caution within 20 working days of the date that this written caution was served on you.

Your application must include a statutory declaration stating why 1 or more of the grounds above applies.

You may use form 61 of the Summary Proceedings Regulations 1958 as a guide on how to make your application.
The Summary Proceedings Regulations 1958 are available online at www.legislation.govt.nz.

Schedule form 11B: inserted, on 1 December 2009, by regulation 6 of the Sen- tencing Amendment Regulations 2009 (SR 2009/360).

48 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12 Warrant for confiscation of motor vehicle Section 132(2), Sentencing Act 2002 To every constable and every bailiff, and to the Registrar of the High Court/District Court* at [place] *Select one.
[Full name, address, occupation, date of birth] (the offender) was convicted on [date] of [offence] by the High Court/District Court* at [place].

*Select one.

Omit this paragraph if it does not apply.

At the material time the offender was driving or in charge of a vehicle in which [full name, address, occupation, date of birth] (the substitute) has an interest.
On [date], an order was made by the High Court/District Court* at [place] for the confiscation of the following motor vehicle in which the offender/substitute* has an interest: Make and model: Year of first registration: Registration number: *Select one.

Under the confiscation order, the offender/substitute* was re- quired to surrender the motor vehicle to a constable or bailiff or the Registrar at [place, date, time].

*Select one.

The offender/substitute* has failed to surrender the motor ve- hicle.
*Select one.

I direct you, unless the motor vehicle is sooner surrendered to a constable or bailiff or the Registrar, to seize the motor vehicle and to deliver it into the custody of the Registrar of the High Court/District Court* at [place].

*Select one.

49 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12—continued Date: Place: Signature: (Judge) Schedule form 12: substituted, on 1 December 2009, by regulation 6 of the Sentencing Amendment Regulations 2009 (SR 2009/360).
50 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12A Warrant for recovery of motor vehicle Section 137B(2), Sentencing Act 2002 To every constable and every bailiff, and to the Registrar of the High Court/District Court* at [place] *Select one.

1 On [date], an order was made by the High Court/District Court* at [place] for the confiscation and destruction of the following motor vehicle: Make and model: Year of first registration: Registration number: *Select one.
The vehicle was sold to [full name, address, occupation, date of birth] (the purchaser) on [date].

The sale was subject to a condition that the vehicle be dis- mantled for any saleable parts and the remainder destroyed to the satisfaction of the Registrar within 30 working days or any longer period specified in writing by the Registrar.
The purchaser did not comply with this condition of sale and the person in possession of the vehicle was required to sur- render the vehicle to a constable or bailiff or the Registrar at [place, date, time].

The person has failed to surrender the motor vehicle.

I direct you, unless the motor vehicle is sooner surrendered to a constable or bailiff or the Registrar, to seize the motor vehicle and to deliver it into the custody of the Registrar of the High Court/District Court* at [place].

*Select one.
*Select one.

Date: Place: Signature: (Judge) 51 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12A—continued Schedule form 12A: added, as form 13, on 1 December 2009, by regulation 6 of the Sentencing Amendment Regulations 2009 (SR 2009/360).

Schedule form 12A form number: amended, on 1 July 2010, by regulation 6(2) of the Sentencing Amendment Regulations 2010 (SR 2010/123).
52 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12B Notice of consequences of first warning Section 86B(4), Sentencing Act 2002 Case No: Note: In this notice, serious violent offence means any of the of- fences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent of- fence is attached).
To [full name, address, and occupation of defendant] 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

I have given you a first warning, in which I warned you of the consequences if you are convicted of any serious violent offence committed after that first warning.

This notice records in writing the consequences that I ex- plained to you.
2 3 Consequences of first warning If you are convicted of any serious violent offence (except murder) committed after you received the first warning, you will receive a final warning.

In addition, if the Judge imposes a sentence of impris- onment for that offence (other than life imprisonment for manslaugh- ter, or preventive detention) then you will serve that sentence without parole or early release.
If you are convicted of a murder committed after you received the first warning, you will be sentenced to imprisonment for life.

You must serve the life sentence without parole unless it would be man- ifestly unjust to do so.

If you receive a life sentence without parole, you will not be released from prison.

If serving the sentence without parole would be manifestly unjust, the Judge must specify the min- imum term of imprisonment you will serve.
Dated at [specify] Court at [place] on [date] Signature: (Judge) 53 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12B—continued Schedule form 12B: inserted, on 26 August 2010, by regulation 6 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
54 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12C Notice of consequences of final warning Sections 86C(7) and 86E(9), Sentencing Act 2002 Case No: Note: In this notice, serious violent offence means any of the of- fences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent of- fence is attached).
To [full name, address, and occupation of defendant] 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

You had a record of a first warning at the time you committed the offence(s).

I have therefore given you a final warning, in which I warned you of the consequences if you are convicted of any serious violent offence committed after that final warning.

This notice records in writing the consequences that I ex- plained to you.
2 3 4 Consequences of final warning If you are convicted of any serious violent offence (except murder or manslaughter) committed after you received the final warning, you will either be— (a) sentenced to the maximum term of imprisonment for that of- fence.

You will serve that sentence without parole unless that would be manifestly unjust; or sentenced to preventive detention.
You will serve a minimum term of imprisonment of at least the length of the maximum term of imprisonment for the offence, unless that would be manifestly unjust.

In that case, the Judge must specify the minimum term of imprisonment that you will serve.

(b) If you are convicted of a murder committed after you received the final warning, you will be sentenced to imprisonment for life.

You must serve the life sentence without parole unless it would be man- ifestly unjust to do so.
If you receive a life sentence without parole, you will not be released from prison.

55 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12C—continued If serving the life sentence without parole would be manifestly unjust, the Judge must impose a minimum term of imprisonment of at least 20 years unless that would also be manifestly unjust.

In that case, the Judge must specify the minimum term of imprisonment that you will serve.
If you are convicted of manslaughter committed after you received the final warning, you will be sentenced to imprisonment for life.

The Judge must impose a minimum term of imprisonment of at least 20 years unless that would be manifestly unjust.

In that case, the Judge must impose a minimum term of imprisonment of at least 10 years.
Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 12C: inserted, on 26 August 2010, by regulation 6 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
56 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12D Notice of cancellation of warning Section 86F(2), Sentencing Act 2002 Case No: Note: In this notice, serious violent offence means any of the of- fences listed in the definition of that expression in section 86A of the Sentencing Act 2002 (a copy of the definition of serious violent of- fence is attached).
To [full name, address, and occupation of defendant] 1 On [date], you were convicted of the following serious violent offence(s): [list offences].

For this paragraph select the statement that applies.

On that occasion, the court gave you a first/final* warning, which warned you of the consequences if you were convicted of another serious violent offence committed after that warn- ing.

*Select one.
*Select one.

On [date], your appeal against your conviction(s) for the of- fences for which you received your first/final* warning was allowed and your conviction was/convictions were* quashed.

The court has therefore ordered that the record of the first/fi- nal* warning be cancelled.

*Select one.

You no longer have a record of a first/final* warning.

*Select one.
*Select one.

2 3 4 5 Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 12D: inserted, on 26 August 2010, by regulation 6 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
57 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12E Notice of substituted warning Section 86F(5), Sentencing Act 2002 Case No: Note: In this form, serious violent offence means any of the offences listed in the definition of that expression in section 86A of the Sen- tencing Act 2002 (a copy of the definition of serious violent offence is attached).
To [full name, address, and occupation of defendant] 1 On [conviction date], you were convicted of the following ser- ious violent offence(s): [list offences].

On that occasion, you were given a final warning because you had a record of a first warning when you committed the of- fence(s).

On [date], your appeal against your conviction(s) for the of- fence(s) for which you received your first warning was al- lowed and your conviction was/convictions were* quashed.

*Select one.
*Select one.

The court ordered that a first warning replace your final warn- ing.

The first warning is deemed to have taken effect on [con- viction date].

This notice records in writing the consequences if you are con- victed of any serious violent offence committed after that first warning.

2 3 4 5 Consequences of first warning If you are convicted of any serious violent offence (except murder) committed after you received the first warning, you will receive a final warning.
In addition, if the Judge imposes a sentence of impris- onment for that offence (other than life imprisonment for manslaugh- ter, or preventive detention), then you will serve that sentence with- out parole or early release.

If you are convicted of a murder committed after you receive the first warning, you will be sentenced to imprisonment for life.

You must serve the life sentence without parole unless it would be manifestly unjust to do so.
If you receive a life sentence without parole, you will 58 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12E—continued not be released from prison.

If serving the sentence without parole would be manifestly unjust, the Judge must specify the minimum term of imprisonment you will serve.
Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 12E: inserted, on 26 August 2010, by regulation 6 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
59 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 12F Order that offender serve full term of imprisonment Sections 86C(4), 86D(3), 86E(2), and 103(2A), Sentencing Act 2002 Complete this form and attach it to form 9 (warrant of commitment) Case No: To every constable and to the Manager of the prison at [place] 1 [Full name, address, occupation] (the offender) was, on [date], convicted of [offence] by the [specify] court at [place] and was this day/on [date]* sentenced to imprisonment for a term of [specify period]/imprisonment for life.
*Select one.

For this paragraph select the statement that applies.

I am satisfied that section 86C(4) of the Sentencing Act 2002 applies to the offender.

or I am satisfied that section 86D(3) of the Sentencing Act 2002 applies to the offender.

or I am satisfied that section 86E(2) of the Sentencing Act 2002 applies to the offender.
or I consider that section 103(2A) applies to the offender and no minimum term of imprisonment would be sufficient to satisfy any or all of the following purposes: • holding the offender accountable for the harm done to the victim and the community by the offending: denouncing the conduct in which the offender was in- volved: deterring the offender or other persons from committing the same or a similar offence: protecting the community from the offender.
• • • 2 60 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 12F—continued 3 The court orders, under section 86C(4)/86D(3)/86E(2)/ 103(2A)* of the Sentencing Act 2002, that the offender must serve the full term of imprisonment.

*Select one.

Dated at [specify] Court at [place] on [date] Signature: (Judge) Schedule form 12F: inserted, on 26 August 2010, by regulation 6 of the Sen- tencing Amendment Regulations (No 2) 2010 (SR 2010/207).
61 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 13 General heading for proceedings that relate to instrument forfeiture orders *In the High Court of New Zealand, [name of registry] Registry *In the District Court, [name of office] Office *Select one.
CRI [number of proceeding] Under sections 142A to 142Q of the Sentencing Act 2002 and sub- part 4 of Part 2 of the Criminal Proceeds (Recovery) Act 2009 In the matter of an instrument forfeiture order Schedule form 13: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
62 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 14 Prosecutor’s notice that court should consider making instrument forfeiture order Section 142B, Sentencing Act 2002 Complete and insert the heading as set out in form 13.

To the Registrar 2 This document notifies the court that— 1 In the [specify] Court at [place, date], [offender’s full name] was convicted of the following qualifying instrument forfei- ture offence(s): [specify].
[Prosecutor’s name and description] is of the opinion that the court should consider whether to make an instrument forfei- ture order in respect of the following property used to com- mit, or to facilitate the commission of, the above qualifying instrument forfeiture offence(s): [details of property, includ- ing its value if known to the prosecutor, the names and iden- tifying details of any persons (including persons other than the offender) who, to the knowledge of the prosecutor, have an interest in that property, and the nature and extent of that in- terest, and summarising how the property was, in the prosecu- tor’s opinion, used to commit, or to facilitate the commission of, the above qualifying instrument forfeiture offence(s)].
Date: Signature: Prosecutor: [name and description] Schedule form 14: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

63 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 15 Notice of court’s decision and directions in response to prosecutor’s notice Section 142C, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [prosecutor’s name and description] This document notifies you that— 1 The prosecutor’s notice given under section 142B of the Sen- tencing Act 2002 by [prosecutor’s name and description] on [date] was considered by the court on [date].

For this paragraph select the statement that applies.

Statement A The court will on [date] consider making an instrument forfei- ture order in respect of the property specified in that prosecu- tor’s notice.
Statement B The court is not of the opinion that it should consider making an instrument forfeiture order in respect of the property speci- fied in that prosecutor’s notice.

Omit this paragraph if statement B is selected for paragraph 2.

You are directed— (a) to issue and serve any notice required by section 142E of the Sentencing Act 2002 as soon as practicable after the court gives, and in any event not later than 5 working days after the giving of, this direction.
Omit this paragraph if it does not apply.

(b) to provide to the court before [deadline] further infor- mation about the following matter(s): Select the paragraph(s) that apply.
(i) the value of the property that constitutes the in- strument of crime: the nature, extent, and value of the offender’s in- terest in the property that constitutes the instru- ment of crime: the name of any other person with an interest in the instrument of crime, the nature and extent (ii) (iii) 2 3 64 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 15—continued of that person’s interest, and whether or not that person has been notified of the proceedings: the name of any person who may suffer undue hardship if the property is confiscated, and the nature of that hardship: [any other matter specified by the court].
(iv) (v) Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Schedule form 15: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

65 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 16 Notice to interested persons that court to consider making instrument forfeiture order Section 142E, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [every person (other than the offender) whose name was included in the prosecutor’s notice given to the court under section 142B of the Sentencing Act 2002, and any other person who the prosecutor believes has an interest in the property in question] and To the Commissioner This document notifies you that— 1 In the [specify] Court at [place, date], [offender’s full name] was convicted of the following qualifying instrument forfei- ture offence(s): [specify].
The court, in a document signed on [date], directed the pros- ecutor to issue and serve this notice that the following prop- erty may be made the subject of an instrument forfeiture order: [details of property specified in the prosecutor’s notice given under section 142B of the Sentencing Act 2002, including the names of any persons having an interest in that property and the nature and extent of that interest].

You may, within 10 working days of the date of this notice, apply to the court for relief.
The grounds on which you may apply to the court for relief are set out in section 77(1)(a) and (b) of the Criminal Proceeds (Recovery) Act 2009, and are that— (a) you claim an interest in any of the property described in this notice; or having regard to all the circumstances, undue hardship is reasonably likely to be caused to you or another per- son (other than the person who has been convicted of the qualifying forfeiture offence to which this notice re- lates) by the operation of the instrument forfeiture order.
(b) 2 3 4 66 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 16—continued Date: Signature: Prosecutor: [name and description] Schedule form 16: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
67 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 17 Order to enter on register notice of possible instrument forfeiture order Section 142D(2), Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [the authority responsible for administering the New Zealand enactment that enables the registration of title to, or charges over, the specified property] 1 The court on [date] gave a direction under section 142C of the Sentencing Act 2002 relating to, and will on [date] consider making an instrument forfeiture order under section 142N of the Sentencing Act 2002 against, the following property: [spe- cify].
The court by this order requires you to enter on the register a note of the fact that the court will consider whether an instru- ment forfeiture order may be made against that property.

2 Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] Schedule form 17: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
68 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 18 Order to cancel entry on register noting possible instrument forfeiture order Section 142D(3), Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [the authority responsible for administering the New Zealand enactment that enables the registration of title to, or charges over, the specified property] 1 You were required by an order of the court made under sec- tion 142D(2) of the Sentencing Act 2002 on [date] to make an entry on the register noting that the court was to consider whether an instrument forfeiture order under section 142N of the Sentencing Act 2002 may be made against the following property: [specify].
The court by this order requires you to cancel any entry made on the register in accordance with that order.

2 Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] Schedule form 18: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
69 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 19 Direction to provide further information to court Section 142F, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [prosecutor’s full name, the offender, or any person who applies for relief] 1 The court on [date] gave a direction under section 142C(a) of the Sentencing Act 2002 relating to, and will on [date] consider whether an instrument forfeiture order under section 142N of that Act may be made against, the following property: [details of property specified in the prosecutor’s notice given under section 142B of the Sentencing Act 2002, including the names of any persons having an interest in that property and the nature and extent of that interest, and summarising how, in the prosecutor’s opinion, the particular property was used to commit, or to facilitate the commission of, the particular qualifying instrument forfeiture offence(s)].
You are required by this direction to provide to the court before [deadline] further information about the following matter(s): Select the paragraph(s) that apply.
(a) the value of the property that constitutes the instrument of crime: the nature, extent, and value of [offender’s full name]’s interest in the property that constitutes the instrument of crime: the name of any other person with an interest in the in- strument of crime, the nature and extent of that person’s interest, and whether or not that person has been noti- fied of the proceedings: the name of any person who may suffer undue hardship if the property is confiscated, and the nature of that hard- ship: [any other matter specified by the court].
(b) (c) (d) (e) 2 70 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 19—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Schedule form 19: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
71 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 20 Order requiring offender or other person to complete declaration of ownership Section 142H, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [full name of offender or other person ordered to complete declaration] 1 The court on [date] gave a direction under section 142C of the Sentencing Act 2002 relating to, and will on [date] consider whether an instrument forfeiture order under section 142N of that Act may be made against, the following property: [details of property specified in the prosecutor’s notice given under section 142B of the Sentencing Act 2002].
You are required by this order to complete a declaration of ownership specifying the following matters: (a) whether, at [date of offender’s conviction for the qualify- ing instrument forfeiture offence], [offender’s full name] owned, or had any interest in, the following property: [specify property]: (c) (b) whether, at [date of offender’s conviction for the quali- fying instrument forfeiture offence] any other person owned, or had an interest in, [specify property], and, if so, the name of that person and the nature of that inter- est: whether [offender’s full name] ceased to be the owner of, or to have any interest in, the following property at any time subsequent to the commission of the of- fence but before [date of offender’s conviction for the offence]: [specify property]: if the offender disposed of his or her interest in the prop- erty in question during the period referred to in para- graph (c), to whom the ownership or interest in the prop- erty was disposed, the relationship of that person to [of- fender’s full name], and the consideration received by [offender’s full name].
(d) 2 72 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 20—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] Schedule form 20: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
73 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 21 Declaration of ownership Section 142H, Sentencing Act 2002 Complete and insert the heading as set out in form 13.

To the Registrar and To [every person who has given an address for service] I, [full name, address, occupation], declare the following: 1 For this paragraph omit any statement that does not apply.
Statement A At [date of offender’s conviction for the qualifying instrument forfeiture offence] [offender’s full name] owned, or had an in- terest in, the following property: [specify which, if any, of the property referred to in the order for declaration of ownership that the offender owned or had an interest in].
Statement B At [date of offender’s conviction for the qualifying instrument forfeiture offence] [offender’s full name] did not own or have an interest in the following property: [specify which, if any, of the property referred to in the order for declaration of owner- ship that the offender owned or had an interest in].

For this paragraph omit any statement that does not apply.
Statement A (repeat for as many other people as have an interest) At [date of offender’s conviction for the qualifying instrument forfeiture offence] [full name] owned, or had an interest in, the following property: [specify which, if any of the property referred to in the order for declaration of ownership that the person named owned or had an interest in and the nature of that interest].
Statement B At [date of offender’s conviction for the qualifying instrument forfeiture offence] no other person owned, or had an interest in, the following property: [specify which, if any of the property referred to in the order for declaration of ownership that no other person owned or had an interest in].

2 74 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 21—continued 3 For this paragraph select the statement that applies.
Statement A [Offender’s full name] ceased to be the owner of, or to have an interest in, the following property at a time subsequent to the commission of the offence but before [date of offender’s conviction for the qualifying instrument forfeiture offence]: [specify the relevant property, referred to in the order for dec- laration of ownership, the offender’s ownership or interest in which was disposed of, the person to whom it was disposed of, the relationship of that person to the offender, and the consid- eration received by the offender].
Statement B There is no property that [offender’s full name] ceased to be the owner of, or to have an interest in, at a time subsequent to the commission of the offence but before [date of offender’s conviction for the qualifying instrument forfeiture offence].

Sworn/Affirmed* at [place, date] Before me: [name, signature] *Select one.

(a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
Schedule form 21: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

75 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 22 Instrument forfeiture order Section 142N, Sentencing Act 2002 and sections 70 and 71, Criminal Proceeds (Recovery) Act 2009 Complete and insert the heading as set out in form 13.
To [full name] (the prosecutor) and To [full name] (the offender) and To the Commissioner and To the Official Assignee and *To [every other person who has given an address for service, or who is named in the notice given to the court under section 142B of the Sentencing Act 2002, or who is or may be affected by the order, or who the court directs is to be served] *Omit if it does not apply.
and To the Official Assignee 1 At [place, date] the court made the following instrument for- feiture order under section 142N of the Sentencing Act 2002: The following property is subject to this instrument forfeiture order and therefore, under section 70(1)(a) and (b) of the Crim- inal Proceeds (Recovery) Act 2009, vests in the Crown abso- lutely (subject to the interests protected by section 70(2) of that Act), and is in the Official Assignee’s custody and control: [specify the forfeited property in a comprehensive list, with a description adequate to identify each asset and, for prop- erty (other than money), specify (in accordance with section 142N(4) of the Sentencing Act 2002) the amount that the court considers to be the value of that property at the time this order is made].
76 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 22—continued 2 Include this paragraph only if the court, by this order, makes or gives any further declarations or directions under section 142N(3)(a), (3)(b), or (5) of the Sentencing Act 2002 or section 71(1)(a) or (b) of the Criminal Proceeds (Recovery) Act 2009.

The court made or gave the following declarations or direc- tions: [specify].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] Schedule form 22: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
77 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 23 Warrant authorising officer of court to search for and seize document(s) to effect transfer of property Section 71(2) and (3), Criminal Proceeds (Recovery) Act 2009 To [full name] (an officer of the court directed by the court) 1 I am satisfied, on an application in writing made on oath under section 71(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 by [name of applicant for warrant], an officer of the court, that there are reasonable grounds for believing that there is in or on/will come into or onto* [address or other descrip- tion of the place of thing], while the warrant is in force, the following document(s) required to effect the transfer of prop- erty subject to an instrument forfeiture order: [specify].
*Select one or include both if appropriate.
This warrant authorises you— (a) to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purpose of executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in useable form, any information recorded or stored in any document that may be seized under the warrant: (b) (c) (d) (e) (f) (g) 2 78 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 23—continued (h) to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued subject to the following condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Criminal Proceeds (Recovery) Act 2009 (as applied by section 71(3) of that Act)].

3 4 Date: Signature: (District/High Court Judge*) *Select one.

Schedule form 23: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).
79 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 24 Application for relief from instrument forfeiture order Section 142J, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To the Registrar and To [full name] (the prosecutor) and To [full name] (the offender) and To the Commissioner and To the Official Assignee and *To [every other person who has given an address for service, or who is named in the notice given to the court under section 142B of the Sentencing Act 2002, or who is or may be affected by the order, or who the court directs is to be served] *Omit if it does not apply.
[Full name] (the applicant) by this document applies to the court for an order for relief from an instrument forfeiture order that the court may make in respect of [specify property]/the court made on [date] in respect of [specify property]*.

*Select one.

For this paragraph select the statement that applies.

Statement A This application for relief is made, in accordance with section 142L of the Sentencing Act 2002, on the ground set out in sec- tion 77(1)(a) of the Criminal Proceeds (Recovery) Act 2009.
If the court is satisfied, following a hearing under section 142K of the Sentencing Act 2002, that the applicant has established on the balance of probabilities that the applicant has an inter- est in the following property to which the instrument forfeiture order relates, namely, [specify the property and the applicant’s 1 2 80 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 24—continued (b) interest, including whether the interest is severable and, if it is not, its value], and was not involved in the qualifying in- strument forfeiture offence to which the instrument forfeiture order relates, the applicant will seek an order— (a) declaring that [applicant’s full name]’s interest in the property is as follows: [specify the nature, extent, and value of the interest]; and For this paragraph select the statement that applies.
Statement (i) directing the Crown to transfer that interest to [appli- cant’s full name]: Statement (ii) declaring that there is payable by the Crown to [appli- cant’s full name] [an amount equal to the value of the interest declared by the court]: Statement (iii) directing that the interest not be included in any instru- ment forfeiture order made in respect of the proceedings that gave rise to this application: [specify the property and/or the severable interest in that property that is not to be included in the instrument forfeiture order]: Statement (iv) determining, in accordance with section 142N, not to make an instrument forfeiture order.
Statement B This application for relief is made, in accordance with section 142M of the Sentencing Act 2002, on the ground (of undue hardship) set out in section 77(1)(b) of the Criminal Proceeds (Recovery) Act 2009.
If, following a hearing under section 142K of the Sentencing Act 2002, the court is satisfied that, having regard to all the circumstances, undue hardship is rea- sonably likely to be caused to [full name of applicant or of another person (other than the offender)] by the operation of an instrument forfeiture order if relief is not granted, the ap- plicant will seek— 81 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 24—continued (a) an order that [full name] is entitled to be paid $[amount] out of the proceeds of sale of the property: (b) Omit this paragraph if it does not apply.
[specify any additional orders made for the purpose of ensuring the proper application of an amount to be paid to a person under the age of 18 years].

3 The application is also made in reliance on [specify any other enactment, principle of law, or judicial decision relied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.

This application is filed by [name of applicant if filing in person, or name of solicitor or counsel representing applicant].
Address for service: [address].

Schedule form 24: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

82 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 25 List of persons served with notice of application for relief from instrument forfeiture order Section 142J(4), Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To the Registrar and To [full name] (the prosecutor) Notice of [full name]’s application for an order for relief from an instrument forfeiture order has been served on the following persons: [specify persons, and whether (and, if so, why) served in accordance with section 142J(3)].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
Schedule form 25: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

83 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 26 Order for relief from instrument forfeiture order Sections 142L and 142M, Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To [full name] (the applicant) and To [full name] (the prosecutor) and To [full name] (the offender) and To the Commissioner and To the Official Assignee and *To [every other person who has given an address for service, or who is named in the notice given to the court under section 142B of the Sentencing Act 2002, or who is or may be affected by the order, or who the court directs is to be served] *Omit if it does not apply.
The application for an order for relief from an instrument for- feiture order made by [full name] on [date] was determined by the Honourable Justice/Judge* [name] on [date].

*Select one.
*Select one.

That application was determined, as required by section 142K of the Sentencing Act 2002, following a hearing concerning the instrument forfeiture order or a sentencing hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

For this paragraph select the statement that applies.
Statement A The application was made, in accordance with section 142L of the Sentencing Act 2002, on the ground set out in sec- tion 77(1)(a) of the Criminal Proceeds (Recovery) Act 2009.
1 2 3 84 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 26—continued (b) The court was satisfied that the applicant established on the balance of probabilities that the applicant has an interest in the following property to which the instrument forfeiture order re- lates, namely, [specify the property and the applicant’s inter- est, including whether the interest is severable and, if it is not, its value], and was not involved in the qualifying instrument forfeiture offence to which the instrument forfeiture order re- lates.
The court therefore made the following order for relief from the instrument forfeiture order: (a) [applicant’s full name]’s interest in the property is as follows: [specify the nature, extent, and value of the interest]; and For this paragraph select the statement that applies.
Statement (i) the Crown is directed to transfer that interest to [appli- cant’s name]: Statement (ii) there is payable by the Crown to [applicant’s name] [an amount equal to the value of the interest declared by the court]: Statement (iii) the interest must not be included in any instrument forfeiture order made in respect of the proceedings that gave rise to this application: [specify the property and/or the severable interest in that property that is not to be included in the instrument forfeiture order]: Statement (iv) the court has determined, in accordance with section 142N of the Sentencing Act 2002, not to make an in- strument forfeiture order.
Statement B The application was made, in accordance with section 142M of the Sentencing Act 2002, on the ground (of undue hardship) set out in section 77(1)(b) of the Criminal Proceeds (Recovery) Act 2009.
The court was satisfied that, having regard to all the circumstances, undue hardship was reasonably likely to be 85 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 26—continued caused to [full name of applicant or of another person (other than the offender)] by the operation of an instrument forfeiture order if relief was not granted.
The court therefore made the following order(s) granting relief from the instrument forfei- ture order: (a) an order that [full name] is entitled to be paid $[amount] out of the proceeds of sale of the property: (b) Omit this paragraph if it does not apply.

[specify any additional orders made for the purpose of ensuring the proper application of an amount to be paid to a person under the age of 18 years].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] Schedule form 26: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

86 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Schedule Form 27 Notice of application for leave to apply out of time for relief from instrument forfeiture order Section 142J(2)(c)(iii), Sentencing Act 2002 Complete and insert the heading as set out in form 13.
To the Registrar and To [full name] (the prosecutor) and To [full name] (the offender) and To the Commissioner and To the Official Assignee and *To [every other person who has given an address for service, or who is named in the notice given to the court under section 142B of the Sentencing Act 2002, or who is or may be affected by the order, or who the court directs is to be served] *Omit if it does not apply.
This document notifies you that— 1 [Full name] will on [date] apply to the court under sec- tion 142J(2)(c)(iii) of the Sentencing Act 2002 for leave to apply out of time for relief from an instrument forfeiture order.

The grounds on which the application is to be made are: [spe- cify].

2 Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
87 Schedule Sentencing Regulations 2002 Reprinted as at 26 August 2010 Form 27—continued This notice of application is filed by [full name of applicant if filing in person, or name of solicitor or counsel representing applicant].

Address for service: [address].

Schedule form 27: added, on 1 December 2009, by regulation 5 of the Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315).

Marie Shroff, Clerk of the Executive Council.


88 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 June 2002.


89 Notes Sentencing Regulations 2002 Reprinted as at 26 August 2010 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Sentencing Regulations 2002.
The reprint incorporates all the amendments to the regulations as at 26 August 2010, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 90 Reprinted as at 26 August 2010 Sentencing Regulations 2002 Notes are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 91 • • • • Notes Sentencing Regulations 2002 Reprinted as at 26 August 2010 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
5 List of amendments incorporated in this reprint (most recent first) Sentencing Amendment Regulations (No 2) 2010 (SR 2010/207) Sentencing Amendment Regulations 2010 (SR 2010/123) Sentencing Amendment Regulations 2009 (SR 2009/360) Sentencing (Instrument Forfeiture Orders) Amendment Regulations 2009 (SR 2009/315) Policing Act 2008 (2008 No 72): section 116(a)(ii) Sentencing Amendment Regulations 2007 (SR 2007/255) 12 92 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010