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Sentencing (Offender Levy) Amendment Bill (Consistent) (Sections 6, 25(g)) [2009] NZBORARp 8 (12 February 2009)

Last Updated: 28 April 2020

Sentencing (Offender Levy) Amendment Bill

12 February 2009

Attorney-General

Sentencing (Offender Levy) Amendment Bill (12-1): CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

Our Ref: ATT395/95

1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.

2. The Bill provides for an additional penalty of a levy of $50 to be imposed on offenders upon conviction for any offence. The levy is to be used for services to victims.

3. While mandatory penalties may raise an issue of inconsistency where they will grossly disproportionate to the particular circumstances of an offence, the amount of the levy is too low to raise any such issue. I also note that the additional penalty will only apply, in accordance with ss 6 and 25(g) of the Bill of Rights Act and s 6 of the Sentencing Act 2002, to offences committed after the Bill's entry into force. Accordingly, no issue arises under the

Bill of Rights Act.

4. This advice has been peer reviewed by Victoria Casey, Crown Counsel, in accordance with

Crown Law protocol.

Yours sincerely Ben Keith Crown Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Sentencing (Offender Levy) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release

of this advice should not be taken to indicate that the Attorney-General agrees with all

aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.