Discharge Without Conviction Application - Section 106 Sentencing Act 2002 - Professional Licensing Consequences - s 106 Application

What professional licensing evidence is required for a Section 106 application?: Practitioners must file a letter from the professional body confirming whether a conviction would trigger a mandatory or discretionary review of the licence, the specific statutory or regulatory provision imposing the character requirement, and whether the body would proceed with cancellation proceedings regardless of whether the court granted a discharge. A client affidavit quantifying the financial and career impact of licence loss - including years of training invested and lost earning capacity - is also essential.

Jurisdiction: The application is made in the New Zealand District Court or High Court as part of the sentencing process under Sentencing Act 2002 ss 106-108. The professional licensing consequences are assessed by the sentencing judge as indirect consequences under s 107.

The Process at a Glance: Identify the professional body and the governing statute imposing character requirements. Obtain a formal letter from the professional body confirming the cancellation risk. Review the relevant statute (Health Practitioners Competence Assurance Act 2003, Lawyers and Conveyancers Act 2006, Real Estate Agents Act 2008, etc.). Prepare a client affidavit quantifying the financial impact of licence loss. Draft the professional consequences section of sentencing submissions. File the bundle and present at the sentencing hearing.

Key Legislation and Case Law: Sentencing Act 2002 ss 106-108. Health Practitioners Competence Assurance Act 2003 (fit-and-proper character for health practitioners). Lawyers and Conveyancers Act 2006 (convictions as grounds for discipline). Real Estate Agents Act 2008 (fit-and-proper person requirements).

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