Sentencing Council Act 2007

1: Title
This Act is the Sentencing Council Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 November 2007 Sentencing Council Act 2007 Commencement Order 2007
3: Interpretation
In this Act, unless the context otherwise requires,— Council section 5 fees framework section 10(1) group of guidelines section 13 section 17 group of parole guidelines section 13 section 17 group of sentencing guidelines section 13 section 17 inaugural guidelines Minister Parole Board section 108 working day section 2(1)
4: Act binds the Crown
This Act binds the Crown. Establishment of Council
5: Sentencing Council established
The Sentencing Council is established as an independent statutory body.
6: Status of Council
1: The Council—
a: is a body corporate; and
b: is accordingly a legal entity separate from its members, employees, and the Crown; and
c: continues in existence until it is dissolved by an Act.
2: The Council may do anything that a natural person of full age and capacity may do for the purposes of performing its functions or powers under this Act.
3: The Council may do anything authorised by this Act, subject to this Act or any other Act or any rule of law.
7: Role of Council
1: The members of the Council are its governing body, with the authority, in the name of the Council, to exercise its powers and perform its functions.
2: All decisions relating to the operation of the Council must be made by, or under the authority of, its governing body in accordance with this Act.
8: Purposes of Council
The purposes of the Council are,—
a: by producing guidelines about sentencing and parole, to—
i: promote consistency in sentencing practice between different courts and Judges:
ii: ensure transparency in sentencing policy:
iii: promote consistency and transparency in Parole Board practice:
iv: facilitate the provision of reliable information to enable penal resources to be effectively managed:
b: to enable the development of sentencing and parole policy to be based on a broad range of experience and expertise:
c: to inform members of Parliament and policymakers about sentencing and parole practice and reform options:
d: to inform and educate the public about sentencing and parole policies and decision making, with a view to promoting public confidence in the criminal justice system.
9: Functions of Council
1: The functions of the Council are—
a: to produce guidelines that are consistent with the Sentencing Act 2002
i: sentencing principles:
ii: sentencing levels:
iii: particular types of sentences:
iv: other matters relating to sentencing practice:
v: grounds for departure from the sentencing guidelines:
b: to produce guidelines that are consistent with the Parole Act 2002
c: to assess and take account of the overall costs and benefits of the guidelines:
d: to provide, in relation to both draft and final guidelines, a statement of the guidelines' likely effect on the prison population:
e: to give advice on, and consider issues about, sentencing and parole as set out in this Act:
f: to collate information on sentencing practice, and on adherence to and departures from the sentencing guidelines, and provide this information to the judiciary:
g: to collate information on parole decisions, and on adherence to and departures from the parole guidelines, and provide this information to the Parole Board:
h: to provide information to the public about sentencing and parole:
i: any functions that are incidental and related to, or consequential on, its functions set out in paragraphs (a) to (h).
2: Except as expressly provided in this Act or any other Act, the Council must carry out its functions and powers independently. Membership of Council
10: Membership of Council
1: The Council consists of—
a: 1 Judge of the Court of Appeal appointed by the President of the Court of Appeal in consultation with the Chief Justice:
b: 1 Judge of the High Court appointed by the Chief High Court Judge in consultation with the Chief Justice:
c: 2 District Court Judges appointed by the Chief District Court Judge in consultation with the Chief Justice:
d: the chairperson of the Parole Board:
e: 5 members who are not Judges, appointed by the Governor-General on the recommendation of the House of Representatives.
2: The Chief Justice must appoint one of the Judges appointed under subsection (1)﻿(a), (b), or (c) as the chairperson of the Council.
3: The Governor-General must, on the recommendation of the House of Representatives, appoint one of the members appointed under subsection (1)﻿(e) as the deputy chairperson of the Council.
4: The Chairperson may delegate any of his or her functions, either generally or specifically, to the deputy chairperson.
5: Appointments under subsections (1), (2), and (3) must be made by written notice by the appointing authority to the person appointed (with a copy sent to the Council and the Minister).
6: The notice must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the term of the appointment; and
c: be published by the Minister in the Gazette
11: Administrative provisions relating to Sentencing Council
The provisions set out in Schedule 1
12: Other enactments amended
The Acts set out in Schedule 2 OIC SR 2007/292 2007-11-01 Schedule 1 Schedule 4 Public notification of draft guidelines
13: Public notification of draft guidelines
1: The Council must publicly notify each draft guideline or group of guidelines by—
a: publishing a notice complying with subsection (2) in 1 or more daily newspapers circulating in the cities of Whangarei, Auckland, Hamilton, Rotorua, Napier, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, Invercargill, and any other place the chairperson may direct; and
b: publishing a notice complying with subsection (2) on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: giving any further notice that the Council considers appropriate, having regard to the persons likely to have an interest in the draft guidelines.
2: A notice published or given under subsection (1), in respect of a draft guideline or group of guidelines, must—
a: except as provided in subsection (3), contain the title, or other short description of the subject matter, of the guideline or each guideline in the group, as the case may be; and
b: state that submissions on the draft guideline or guidelines may be made in writing by any person or in any other way the Council may direct; and
c: specify how a copy of the draft guideline or group of guidelines may be obtained, which may include, but must not be limited to, obtaining the draft guidelines from an Internet website; and
d: specify the closing date for the receipt by the Council of submissions on the draft guideline or group of guidelines, which may be a date no earlier than 6 weeks after the date on which the notice is first published in a daily newspaper under subsection (1)﻿(a); and
e: specify the address of the place to which submissions on the draft guideline or group of guidelines may be delivered or sent.
3: If the notice published or given under subsection (1) is for the inaugural guidelines, the notice is not required to contain the matters described in subsection (2)﻿(a).
14: Statement to accompany draft guideline or group of guidelines
A draft guideline or group of guidelines that is available for inspection must be accompanied by a statement of the guidelines' likely effect on the prison population.
15: Consultation
The Council may consult on the draft guideline or group of guidelines as it sees fit, with any person or body, by any appropriate means.
16: Council finalises guidelines and presents to Minister
The Council may, at any time after the time for submissions has expired, finalise the guideline or group of guidelines and present them to the Minister, together with a statement of the guidelines' likely effect on the prison population. Parliamentary scrutiny of guidelines
17: Presenting guidelines
The Minister must present each guideline or group of guidelines, together with the statement of the guidelines' likely effect on the prison population referred to in section 16
18: Inaugural guidelines may be disapplied
The inaugural guidelines may be disapplied as a whole by resolution of the House of Representatives passed within 30 sitting days after those guidelines were presented to the House.
19: Guideline may be disapplied
Any guideline (not being an inaugural guideline) may be disapplied by resolution of the House of Representatives passed within 15 sitting days after that guideline was presented to the House.
20: Periods of sitting days
The periods of sitting days within which the inaugural guidelines or a guideline may be disapplied under section 18 19
21: Guidelines come into force if not disapplied
Every guideline comes into force on the date that is 20 working days after the last date on which the guideline could have been disapplied under section 18 19
22: Council must reconsider guidelines if guidelines disapplied
1: If a guideline or group of guidelines is disapplied under section 18 19
a: reconsider the guideline or group of guidelines; and
b: if the Council considers it appropriate, provide a varied guideline or group of guidelines to the Minister, together with a statement of the guidelines' likely effect on the prison population.
2: Sections 17 to 21
3: If the inaugural guidelines are disapplied, the varied group of guidelines provided to the Minister under subsection (1) is treated as being the inaugural guidelines for the purposes of sections 17 to 21 Publication of guidelines
23: Council must publish guidelines
1: The Council must comply with subsection (2) if—
a: the last date on which a guideline or group of guidelines could have been disapplied under section 18 19
b: the guideline or guidelines were not disapplied.
2: The Council must, as soon as practicable after the date referred to in subsection (1)﻿(a) and before the guidelines come into force under section 21
a: arrange for the publication in the Gazette
b: make copies of the guidelines available on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: make copies of the guidelines available for purchase at a reasonable price. Requests for consideration of issues,
24: Consideration of issues relating to sentencing or parole guidelines
1: A request may be made by the following persons to the Council to consider any issue relating to guidelines:
a: in the case of sentencing guidelines, by the Minister, the Chief Justice, the President of the Court of Appeal, the Chief High Court Judge, the Chief District Court Judge, the Solicitor-General, or the President of the New Zealand Law Society:
b: in the case of parole guidelines, by the Minister, the chairperson of the Parole Board, the Solicitor-General, or the President of the New Zealand Law Society.
2: A request must set out the reasons for the request.
3: If a request is made, the Council must, when revising or drafting sentencing guidelines or parole guidelines, consider the issue and the reasons given.
25: Council may advise Minister
1: The Minister may request the Council to provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines.
2: The Council may, on its own initiative, provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines.