Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Release of Law Commission Paper on Civil Pecuniary Penalties

MEDIA RELEASE

8 November 2012

Hon Sir Grant Hammond KNZM

President

Law Commission

Release of Law Commission Paper on Civil Pecuniary Penalties

The Law Commission is seeking public feedback on the use of financial penalties by enforcement agencies to punish corporates and individuals for breaches of the law.

In an Issues Paper published today, the Commission notes bodies like the Commerce Commission are increasingly resorting to financial, or pecuniary, penalties instead of criminal sanctions to deal with a range of commercial and financial offending such as insider trading and price fixing.

These penalties can involve very substantial sums – up to $1m for an individual or more than $10m for a company – and are frequently used by enforcement bodies to punish breaches of a wide range of commercial and finance law including securities and overseas investment laws and anti-money laundering legislation.

They were first used in legislation in 1986 and they are now a feature of 15 Acts of Parliament.

The Commission notes that one of the attractions of financial penalties for enforcement bodies is that they are easier to obtain than criminal convictions because they are a civil rather than a criminal matter, requiring a lower standard of proof and more relaxed rules of evidence and procedure.

They can also have benefits for offenders. There is no chance of imprisonment with a civil pecuniary penalty and less risk to a person’s travel and work opportunities because of the lack of conviction.

However, the President of the Law Commission and project leader, Sir Grant Hammond, said the risks and benefits of an increasing reliance on civil penalties in New Zealand statutes needed to be carefully weighed.

For example, under a civil penalties regime, the court does not need to be convinced beyond reasonable doubt before it penalises a defendant. And the defendant does not benefit from protections like the right to silence and presumption of innocence. Also, there is a risk that civil pecuniary penalties might allow white-collar, corporate offenders to be treated more favourably than those accused of more traditional criminal offending.

“It is essential that our enforcement agencies are able to enforce their laws effectively. The question is whether we have the correct balance between those regulatory needs and fairness for individuals. There needs to be a debate about when such penalties are desirable, how they should be formulated and what safeguards there should be.”

The Issues Paper describes how civil pecuniary penalties are used in New Zealand. It asks questions about the nature of these penalties and when it might be appropriate to use them in legislation. It also asks questions about what process and protections should be used when they are imposed. The Commission seeks views on all of these matters.

The Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is Friday 15 February 2013. The Issues Paper is available from the Law Commission’s website at www.lawcom.govt.nz/project/law-relating-civil-penalties/issues-paper.

-ENDS-

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Labour’s
Very Bad Year

While Labour leader David Cunliffe still appears to be in denial about the extent of Saturday night’s debacle, there was hardly a single redeeming feature about the election results for the centre-left. Even the victory by Labour’s Stuart Nash in Napier was the outcome of a strong showing by Conservative Party candidate Garth McVicar that split the centre-right vote... More>>

Election: National Win

With all votes counted National and John Key have won a third term and are close to being able to govern alone if they so choose.

Key has indicated he will still reach out to form a Government with ACT, United Future and Maori Party.

National ended the night on 48 percent, Labour 24.6 and the Greens 10. More>>

Overall Results | Live Results | Predictions |

ALSO:

.

 
 


Perfectly-Timed Anniversaries: Suffrage Day Is Last Chance To Enrol

“The last chance to enrol is Friday 19 September. You can’t enrol on election day.” More>>

ALSO:

Gordon Campbell: On First Time Voting (Greens)

For the last two days, I’ve turned my column over to a couple of guest columnists who are first time voters… Today’s guest columnist is Ana Avia-O’Connor, who will be casting her first time vote on Saturday for the Greens. More>>

ALSO:

Meddling: Aussie Liberals Embroiled In Key Campaign

John Key needs to explain why Australia’s Liberal Party is interfering in New Zealand domestic politics and is encouraging Kiwi voters across the ditch to vote for National just days out from the election, Labour’s campaign spokesperson Annette King says. More>>

ALSO:

SURVEILLANCE:

Election Ad Soundtrack: Rapper Eminem Sues National Party Over Copyright Breach

US rapper Eminem is suing the New Zealand National Party for alleged copyright infringement over unauthorised use of the rapper’s ‘Lose Yourself’ song in an election campaign advertisement. More>>

ALSO:

Big March: Call For An End To Domestic Violence

Hundreds of protesters marched down Lambton Quay to Parliament Monday calling for an end to domestic violence. Wearing white facemasks, waving banners and calling for “safety” for the women and children of New Zealand.. More>>

ALSO:

Pre-Election Chartering: Four New Partnership Schools To Open

Education Minister Hekia Parata today announced the Government has signed contracts to open four new Partnership Schools in 2015. More>>

ALSO:

Werewolf 50 Out Now - The Election Issue: Loss Leaders

Gordon Campbell: A third term requires a mature decision, with eyes wide open. It calls for a conscious vote of confidence… Without trying hard here are about 19 reasons, in no particular order, for not ticking ‘party vote’ National. More>>

ALSO:

Not-Especially New Plans: All Prisons To Become Working Prisons Under National

All public prisons in New Zealand will become full working prisons by 2017, and ex-prisoners will receive post-release drug addiction treatment if National is returned to government, says Corrections Spokesperson Anne Tolley. More>>

ALSO:

Māngere: "False Claim Of Matai Title" - Labour

National must explain why its candidate for Māngere Misa Fia Turner appears to be using a Matai title she is not entitled to, Labour’s MP for Māngere and Pacific Islands Affairs spokesperson Su’a William Sio says. A Matai title is a legally-recognised ... More>>

ALSO:

CPAG Report: No New Zealand Child Should Grow Up In Poverty

Child Poverty Action Group's flagship policy publication Our Children, Our Choice: Priorities for Policy calls for cross party political agreement to underpin an action plan to eliminate child poverty in New Zealand. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news