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Civil Pecuniary Penalties - Issues Paper 33
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List of questions
Chapter 1 - Introduction
What are civil pecuniary penalties?
Why is the review needed?
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
Chapter 5 - Design of civil pecuniary penalties - guiding principles
Effective enforcement of regulatory regimes
Chapter 6 - The critical issues
Procedural and evidential rules
Standard of proof
Burden of proof
Privilege against self-exposure to a non-criminal penalty
Intention and defences
Chapter 7 - Other elements of legislative design
Terminology and classification
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
Chapter 8 - What form should our recommendations take?
Guidance for policy makers
Appendix 1 - Table of civil pecuniary penalty provisions
Appendix 2 -Non-criminal penalties in other jurisdictions
Appendix 3 - Other forms of penalty
Non-judicial variable penalties
Civil infringement notices
Criminal gain disgorgement penalties
Statutory damages under the Credit Contracts and Consumer Finance Act 2003
Non-criminal penalties in other jurisdictions
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