View project page
Civil Pecuniary Penalties - Issues Paper 33
Downloads
PDF (3.3Mb PDF)
eBook (538Kb EPUB)
Contents
General information
Call for submissions
Foreword
List of questions
Chapter 1 - Introduction
What are civil pecuniary penalties?
Why is the review needed?
Our approach
This Issues Paper
Chapter 2 - Civil pecuniary penalties in New Zealand and the scope of our review
Existing civil pecuniary penalty regimes
Use of civil pecuniary penalties
Penalties outside the scope of our review
Chapter 3 - The nature of civil pecuniary penalties
The criminal-civil divide
What is the nature of civil pecuniary penalties?
Is there anything wrong with a hybrid?
Chapter 4 - What circumstances might justify the use of civil pecuniary penalties?
Regulation and civil pecuniary penalties
Other justifications for civil pecuniary penalties
Conclusion
Chapter 5 - Design of civil pecuniary penalties - guiding principles
Fairness
Effective enforcement of regulatory regimes
Certainty
Chapter 6 - The critical issues
Procedural and evidential rules
Standard of proof
Burden of proof
Privilege against self-exposure to a non-criminal penalty
Double jeopardy
Intention and defences
Chapter 7 - Other elements of legislative design
Terminology and classification
Imposition
Instigation of proceedings
Setting maximum penalties in civil pecuniary penalty legislation
Guidance as to whether to impose a penalty
Guidance as to the level of penalty
Appeals
Limitation periods
Chapter 8 - What form should our recommendations take?
Guidance for policy makers
Legislation
Appendix 1 - Table of civil pecuniary penalty provisions
Appendix 2 -Non-criminal penalties in other jurisdictions
Introduction
Australia
United Kingdom
Canada
United States
Germany
Appendix 3 - Other forms of penalty
Non-judicial variable penalties
Administrative penalties
Infringement offences
Civil infringement notices
Criminal gain disgorgement penalties
Statutory damages under the Credit Contracts and Consumer Finance Act 2003
Next page
Civil Pecuniary Penalties - Issues Paper 33
General information
Call for submissions
Foreword
List of questions
Chapter 1 - Introduction
What are civil pecuniary penalties?
Why is the review needed?
Our approach
This Issues Paper
Chapter 2 - Civil pecuniary penalties in New Zealand and the scope of our review
Existing civil pecuniary penalty regimes
Use of civil pecuniary penalties
Penalties outside the scope of our review
Chapter 3 - The nature of civil pecuniary penalties
The criminal-civil divide
What is the nature of civil pecuniary penalties?
Is there anything wrong with a hybrid?
Chapter 4 - What circumstances might justify the use of civil pecuniary penalties?
Regulation and civil pecuniary penalties
Other justifications for civil pecuniary penalties
Conclusion
Chapter 5 - Design of civil pecuniary penalties - guiding principles
Fairness
Effective enforcement of regulatory regimes
Certainty
Chapter 6 - The critical issues
Procedural and evidential rules
Standard of proof
Burden of proof
Privilege against self-exposure to a non-criminal penalty
Double jeopardy
Intention and defences
Chapter 7 - Other elements of legislative design
Terminology and classification
Imposition
Instigation of proceedings
Setting maximum penalties in civil pecuniary penalty legislation
Guidance as to whether to impose a penalty
Guidance as to the level of penalty
Appeals
Limitation periods
Chapter 8 - What form should our recommendations take?
Guidance for policy makers
Legislation
Appendix 1 - Table of civil pecuniary penalty provisions
Appendix 2 -Non-criminal penalties in other jurisdictions
Introduction
Australia
United Kingdom
Canada
United States
Germany
Appendix 3 - Other forms of penalty
Non-judicial variable penalties
Administrative penalties
Infringement offences
Civil infringement notices
Criminal gain disgorgement penalties
Statutory damages under the Credit Contracts and Consumer Finance Act 2003
Next page