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Home / New Zealand

Kiwis and tourists dodge $156m of fines over past decade

By Tom Dillane & Chris Knox
Herald on Sunday·
19 Jan, 2019 04:00 PM4 mins to read

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Auckland Transport issued fines accounted for $47m of Auckland Council's total unpaid infringements. Photo / Michael Craig

Auckland Transport issued fines accounted for $47m of Auckland Council's total unpaid infringements. Photo / Michael Craig

Kiwis and tourists have evaded $156 million in unpaid fines over the past decade, amounting to a third of all infringements lodged with the Ministry of Justice.

Information obtained via the Official Information Act revealed district and regional councils across New Zealand have referred $471m of fines to the Ministry of Justice since 2008 - in a bid to force people to pay via the courts.

The majority of these fines are parking and traffic related, but also included such things as building, animal and environmental infringements.

However, despite the Ministry of Justice's power to summons people to appear in court, seize goods, issue driver's licence stop orders, bank account deductions,
and arrest warrants - 33 per cent of fines were never recovered.

Ministry of Justice manager of national service delivery Brett Dooley said there were several reasons for the substantial unpaid rate.

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"When attempting to collect a fine or reparation, the court will in the first instance, seek payment in full, and negotiate sustainable payment arrangements where possible," Dooley said.

"However, in some circumstances, the remittal of a fine is considered the most appropriate action."

Reasons Dooley cited for unpaid fines were people who had died, were in prison, were no longer in New Zealand, without up to date contact information or a company in liquidation.

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An alternative judicial sentence which incorporates the inability to pay a fine, was also highlighted.

"A large proportion of the unpaid fines relate to debt which is older than eight years since imposition, which is very hard to collect," Dooley said.

Councils can report unpaid fines to the Ministry of Justice 56 days after they have been issued.

In terms of total monetary amount, Auckland dwarfed all councils with $66.5m of fines left unpaid since the 2008/09 financial year.

Auckland Council director of regulatory services James Hassall said he was not aware of council ever raising the issue of unpaid infringements with the Ministry of Justice.

"Of course that should be recovered, but we are talking about an extended period," Hassall said.

"I will say, having had this raised in the quantum talked about, it is worthwhile following up. There's absolutely a deterrent aspect to doing this."

Hassall said infringement funds were not budgeted for within Auckland Council.

"We don't have infringement fee targets that we're trying to bring in. The infringement fees arise when someone breaches a law that we're responsible for," he said.

"I don't know whether we're losing millions of dollars. We take a graduated approach to enforcement, so if possible we try to avoid issuing fines or taking people to court. Any money we get from collection by the Ministry of Justice supports our operating costs."

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Auckland Transport issued fines accounted for $47m of Auckland Council's total unpaid infringements.

As an independently governed council-controlled organisation Auckland Transport said it did budget for outstanding fines in the range of $12-13m annually.

Of all councils, Queenstown Lakes District took the largest relative hit over the past decade with 41.3 per cent of fines left unpaid, amounting to $1.8m.

Christchurch City Council, which has $9.9m of unpaid fines since 2008, gave some direct insight into the reasons - explaining $4.85m of that had been granted by the courts as alternative sentences, such as community service.

Auckland-based criminal barrister John Munro said the practice of courts scrapping fines "happens a lot" in the right cases.

"Sometimes the judge will wipe the fines in exchange for time they've spent in custody," Munro said.

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"Let's say they get found not guilty and have been in custody for three months with fines outstanding of $2000. Then sometimes they'll say we'll dock your fines. It's always principled, I don't think it's an easy way of resolving it.

"Some people might have $200 worth of fines for having no registration on their car. Over the course of five years, that balloons with fines for non-payment into $2000.

"The person is never going to have a means of paying it - they've got convictions, they're never going to be able to work, so why are we exacerbating a fine that never gets paid?"

The Ministry of Justice said the introduction of a new operating model in 2011 to maximise voluntary payment and take enforcement action earlier against people who avoid fines was "paying off".

The ministry cited outstanding fines from all avenues, including police, councils and direct court orders, had fallen from $659m in July, 2011 to $602m in July, 2018.

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