30 Aug 2022
REGISTRAR OF COMPANIES v BUBLITZ [2022] NZHC 2177
- Citation
- [2022] NZHC 2177
- Court
- High Court
The Court held that a prohibition order under s383 is a protective, not a criminal, measure for the purposes of s6 Sentencing Act and s25(g) Bill of Rights and therefore is not a 'penalty' in that statutory sense; s383(1A) may apply where the conviction occurs after the amendment even if the offending predated it; in applying s383 the Court must undertake a forward‑looking assessment focused on public protection, considering seriousness, risk of reoffending and delay; on the facts the Registrar's application was granted in part and additional prohibition orders of three years and six months w…