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Summary Proceedings Acts (1957 to 1999) by Parliamentary Counsel 031
Commenced:

ANALYSIS

Index
Analysis
Title
1 Short Title and commencement

. . . . .: 2 Interpretation
3 Application of certain provisions of Crimes Act 1961

I: Criminal Jurisdiction of District Court 4 Summary criminal jurisdiction of Court
5 Jurisdiction to conduct preliminary hearing of indictable offences
6 Summary jurisdiction in respect of indictable offences
7 Maximum penalty on summary conviction for indictable offence
8 Other jurisdictions and powers not affected
9 Jurisdiction of District Court Judges in respect of summary offences
9A Jurisdiction of Justices in respect of summary offences
9B Jurisdiction of Community Magistrates in respect of summary offences
9C Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences
9D Power to impose penalties provided for in Land Transport Act 1998
9E Ancillary powers under Criminal Justice Act 1985 and Land Transport Act 1998
9F Power of Community Magistrates to decline jurisdiction
9G Power to transfer matter to Court presided over by District Court Judge
10 Repealed by s. 111 of the Extradition Act 1999.

II: Procedure Where Defendant Proceeded Against Summarily 11 Application of this Part
12 Commencement of proceedings

Information 13 Any person may lay an information
14 Time for laying information
15 Information to be in prescribed form and upon oath
16 Information to be for one offence only
17 Information to contain sufficient particulars
17A Certain informations to disclose range of penalties
18 Information to be filed in nearest Court

Summons and Warrant 19 Issue of summons to or warrant to arrest defendant
19A Summons following arrest
19B Summons following evidential breath test---
20 Issue of summons or warrant for attendance of witness
20A Summary procedure for minor offences
21 Summary procedure for infringement offences
22 To whom warrant to be directed and power of person executing warrant to enter premises
23 Withdrawal of warrant

Service of Documents 24 Mode of service of documents on defendant
25 Who may serve documents on defendant
26 Mode of service of documents on person other than defendant
27 Who may serve documents on person other than defendant
28 Mode of service in particular cases
29 Proof of service
30 Translation of documents into Maori language

Special Provisions for Taking Evidence 31 Order for taking evidence of defence witness at a distance
32 Order for taking evidence of person about to leave country
33 Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence

General Provisions as to Hearing 34 Place of hearing of information
35 Repealed by s. 150 (1) of the Criminal Justice Act 1985.
36 Withdrawal of information by informant
37 Who may conduct proceedings
38 Court may issue warrant for appearance of witness
39 Witness refusing to give evidence may be imprisoned
40 Witnesses at the hearing
41 Right to plead guilty by notice to Registrar
41A Registrar may receive not guilty pleas
42 Plea of guilty may be withdrawn by leave of Court
43 Amendment of information where defendant appears
43A Amendment of information to correct particulars of defendant
44 Power of Court to decline summary jurisdiction
44A Power of Court to decline summary jurisdiction in case of certain summary offences

Adjournments and Bail 45 Power to adjourn
45A Power of Registrar to adjourn
46 Dealing with defendant on adjournment
46A Registrar may prohibit publication of names
47 Warrant for detention of defendant remanded in custody
48 Defendant, if bailable as of right, to be brought before Court on request
49 Conditions of bail
50 Release of defendant granted bail
50A Variation of conditions of bail
51 Defendant may be admitted to bail by constable in certain cases
52 Mode of taking bail bond by constable
53 Defendant on bail may be arrested without warrant in certain circumstances
54 Failure to answer bail
55 Arrest of defendant who does not attend hearing
56 Effect on bond of attendance or non-attendance of person bailed by constable
57 Certification of non-performance of condition of bail bond
58 Repealed by s. 4 of the Summary Proceedings Amendment Act (No. 2) 1987.
59 Defendant in custody may be brought up before expiry of period of adjournment

Procedure at Hearing 60 Evidence to be given on oath
61 Powers of Court when defendant does not appear
61A Powers of Registrar to adjourn hearing or issue warrant to arrest defendant
62 Powers of Court when informant does not appear
63 Powers of Court when neither party appears
64 Dismissal for want of prosecution not to operate as bar to other proceedings
65 Court to proceed when both parties appear
66 Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
66A Registrar may receive elections
67 Conduct of hearing
67A Identification evidence
68 Decision of Court
69 Procedure where defendant liable to greater penalty because of previous convictions
69AA Further provisions relating to previous convictions
69A Proof of previous convictions
70 Repealed by s. 4 (1) (d) of the Summary Proceedings Amendment Act 1961
71 Criminal Records

Costs and Witnesses' Expenses 72 Repealed by s. 14 (2) of the Costs in Criminal Cases Act 1967
73 Witnesses' expenses

Complaints 74 Provisions of this Part to apply to complaints

Rehearings 75 District Court Judge or Justice may grant a rehearing

Miscellaneous 76 Proceedings against parties to offences
77 Power of the Court to amend defective sentences
77A Stay of proceedings
78 Court may state case for opinion of High Court
78A Conviction not to be recorded for infringement offences
78B Power to correct irregularities in proceedings for infringement offences

III: Enforcement of Fines 79 Interpretation
80 Fines generally payable within 28 days
81 Time to pay or payment by instalments
82 Statement of means
83 Order for immediate payment of fine
84 Notice of fine
85 Further notice of fine
86 Extension of time to pay
86A Bailiff may arrange extension of time to pay
87 Action where fine not paid
87AA Power to obtain information in respect of beneficiaries
87A Publication of name of fines defaulter
87B Deduction of fines
87C Revocation of deduction notices
87D Fine to be treated as being paid
87E Deduction notices issued on banks
87F Meaning of certain terms relating to banks
87G Offences in relation to deduction notices
87H Variation or discharge of deduction notices
87I Penalty for late deductions
87J Giving of notices
88 Action where fine remains unpaid
88A Charging orders
88B Remission of fine
89 Rights of representation and appeal
90 Scale of imprisonment for non-payment of fine
91 Defendant on substituted sentence to be discharged on payment of fine
92 Effect of warrant of commitment
93 Warrant to seize property
94 Seizure and delivery of property
94A Motor Vehicle Securities register to be checked
94B Immobilisation of motor vehicles
95 Sale of property seized
96 Claims to property seized
97 Procedure where property seized subject to hire purchase agreement, bill of sale, etc.
98 Application of proceeds of sale
99 Compensation to third party with interest in property sold
100 Return of property on payment of fine
101 Offence to interfere with or rescue property seized
102 Protection of Registrar, Bailiff, etc.
102A Resisting or obstructing Bailiffs
102B Proceedings against Bailiffs acting under warrants
103 Effect of attachment order
104 Attachment order to be served on employer
104A Power to obtain information in respect of employers
105 Operation of attachment order
106 Liability of employer
106A Wrongful treatment of employee
106B Extent to which attachment orders bind the Crown
106C Statement of salary or wages paid
106D Transfer of enforcement to another District Court
106E Restriction on imprisonment
106F Review of Registrar's decision

IV: Appeals

Appeals on Points of Law Only by Way of Case Stated 107 Appeal on question of law only by way of case stated
108 No appeal on ground of improper admission or rejection of evidence
109 District Court Judge or Justice may refuse a case if he thinks appeal frivolous
110 Certiorari not to be required when appeal upon case stated
111 Case may be sent back for amendment
112 High Court to determine the questions on the case
113 Appeal on point of law may be removed into Court of Appeal
114 Defendant appealing by way of case stated not allowed to appeal otherwise
114A Appeals from decisions of Community Magistrates
114B Appeal to High Court on question of law

General Appeals 115 Defendant's general right of appeal to High Court
115A Informant's right of appeal against sentence
115B Right of appeal against sentence for contempt of Court
115C Right of appeal against decisions relating to publication of reports of proceedings or identifying particulars
115D Rights of appeal against decisions relating to bail
115DA Right of appeal against order for costs
115E Procedural provisions applying to appeals under section 115D
116 Notice of appeal
117 Transmission of notice of appeal to High Court
118 Setting down appeal for hearing
119 Procedure on appeal
120 Defects in notice of appeal
121 High Court to hear and determine appeal
122 untitled record

Provisions Relating to All Appeals 123 Powers of Judge of High Court as to extension of time
124 Provisions as to issue of warrant pending appeal
125 Granting of bail to appellant who is in custody
126 untitled record
127 Custody of appellant pending appeal
128 Surrender of appellant released on bail and discharge of surety
129 Abandonment of appeal
130 Presentation of case by party in custody
131 Power of High Court to direct rehearing of information or complaint
132 Amendment of conviction by substituting one offence for another
133 Dismissal of appeal for non-prosecution
134 Registrar to certify decision on appeal
135 Execution of decision of High Court
136 Custody of person after determination of appeal
137 Resumption of sentence or order on determination of appeal
137A Inserted by s. 18 of the Summary Proceedings Amendment Act 1973, and repealed by s. 23 (1) of the Summary Proceedings Amendment Act 1993.
137B Inserted by s. 32 of the Criminal Justice Amendment Act 1980, and repealed by s. 23 (1) of the Summary Proceedings Amendment Act 1993.
137C Inserted by s. 150 (1) of the Criminal Justice Act 1985, and repealed by s. 23 (1) of the Summary Proceedings Amendment Act 1993.
137D Inserted by s. 4 of the Summary Proceedings Amendment Act 1989, and repealed by s. 23 (1) of the Summary Proceedings Amendment Act 1993.
138 Revesting and restitution of property on conviction
139 untitled record
140_142 Repealed by s. 14 (2) of the Costs in Criminal Cases Act 1967
143 No Court fees payable on appeal by person sentenced to detention

Appeal to Court of Appeal 144 Appeal to Court of Appeal

V: Preliminary Hearing of Indictable Offences 145 Proceedings under this Part

Information, Summons, and Warrant 146 Application of provisions of Part II
147 Issue of summons to or of warrant to arrest defendant
148 Issue of warrant where defendant who has been summoned does not attend
149 Defect in form or variance between charge and evidence

Service of Documents 150 Service of summons on defendant
151 Application of provisions of Part II

Adjournments and Bail 152 Power to adjourn
152A Power of Registrar to adjourn
153 Application of provisions of Part II

Plea of Guilty Before or During Preliminary Hearing 153A Defendant may plead guilty before or during preliminary hearing

Procedure at Preliminary Hearing 154 Application of provisions of Part II
155 Place of preliminary hearing
156 untitled record
157 Withdrawal of information by informant
158 Preliminary hearing to take place in presence of defendant
159 Preliminary hearing may be completed notwithstanding witness's failure to appear or to give evidence
160 Charge to be read to defendant
160A Committal without consideration of evidence
161 Depositions of witnesses
161A Application for leave to question undercover Police officer's identity to be removed into High Court
162 Amendment of information
163 Statement of defendant who is unrepresented
164 Admissions of defendant may be put in evidence
165 Witnesses on behalf of defendant to be examined if defendant wishes
166 No comment to be made on defendant's refraining from answering the charge
167 If evidence insufficient defendant to be discharged
168 If evidence sufficient defendant may be committed for trial or for sentence
168A Court to which defendant to be committed
168AA High Court Judge to determine Court of trial in certain cases
168AB Notice of transfer of case to District Court
___168B [[168B.]] Defendant to be warned as to law relating to notice of alibi
___168C [[168C.]] Defendant to be advised of his right to apply for trial before a Judge without a jury
169 Where defendant pleads guilty, no objection to be taken and plea not to be withdrawn without leave
170 Defendant committed for sentence to be brought before High Court
171 Release on bail of defendant committed for trial or for sentence
172 Procedure on charge of offence against corporation
173 Stay of proceedings

Special Provisions for Taking Evidence 173A Written statements
174 Order for taking evidence of defence witness
175 Power to take statement of person dangerously ill
176 Evidence of statement made by person dangerously ill
177 Provision for person in custody to be present at taking of statement
178 Deposition of witness taken after defendant committed for trial
178A Persons who may sign statements by assumed name

Costs 179 Repealed by s. 14 (2) of the Costs in Criminal Cases Act 1967

Procedure After Close of Preliminary Hearing 180 Depositions and written statements to be filed when defendant not sent for trial
181 Notice to witnesses to attend at High Court
182 On committal, documents to be sent to High Court
183 Every party entitled to copy of depositions or summary of facts
184 When deposition or written statement may be read in evidence

V: Special Provisions Relating to Preliminary Hearings in 185 Witness about to leave New Zealand may be arrested
185B Certain hearings to be conducted by Judge
185C Evidence of complainant
185CA Child complainant's evidence may be given by videotape
185D Power of Court to prohibit publication of certain details
185E Other powers of Court preserved

VI: Conservation of the Peace

Sureties of the Peace 186 Application for order for bond to keep the peace
187 Making of order for bond
188 Making of order for bond where person charged with offence
189 Refusal to enter into bond
190 Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
191 Estreat of bond

Special Constables 192 Appointment and powers of special constables

VII: Protection of District Court Judges, Justices, and Community Magistrates 193 No action against District Court Judge or Justice or Community Magistrate unless act in excess of jurisdiction or without jurisdiction
194 No action against District Court Judge or Justice or Community Magistrate to be brought in District Court
195 Onus of proof
196 Plaintiff may be ordered to give security for costs
196A Indemnity to District Court Judge
197 Indemnity to Justice or Community Magistrate

VIII: General Provisions

Search 198 Search warrants
198A Procedure where certain documents seized from solicitors' offices
199 Disposal of things seized
200 Other enactments as to search warrants not affected

Miscellaneous 201 Amendment of conviction, order, or warrant
202 Who may take affidavit
203 Acts not generally to be done on Sunday
204 Proceedings not to be questioned for want of form
205 Proceedings not invalid because defendant should have been dealt with in Youth Court---
206 Contempt of Court
207 Payment and recovery of fees
208 Money to be payable in first instance to Registrar and by him as required by law
209 Act not to apply to Youth Court unless provided
210 Repealed by s. 311 (1) of the Customs Act 1966
211 Rules for proceedings on appeal
212 Rules and regulations
213 Consequential amendments
214 Repeals and savings

Schedule(s)

1 FIRST SCHEDULE: Indictable Offences Triable Summarily by
2 SECOND SCHEDULE: Forms of Information
3 SCHEDULE 2A: Modifications of Part iv Where Appeal is from District Court Presided over by Community Magistrate or Community Magistrates to District Court Presided over by District Court Judge
4 THIRD SCHEDULE: Enactments Amended
5 FOURTH SCHEDULE: Enactments Repealed

Amending Act/Rule(s)

1 The Summary Proceedings Amendment Act 1961
2 Short Title and commencement
3 This section substituted a new section for s. 3 of the principal Act
4 (1) This subsection substituted a new subsection for subs. (2) of s. 6 of the principal Act
5 (1) (a) This paragraph amended s. 8 (1) (a) of the principal Act
6 This section added subs. (5) to s. 20 of the principal Act
7 (a) This paragraph amended s. 107 (3) of the principal Act
8 This section amended s. 77 (1) of the principal Act
9 (1) Repealed by s. 6 (2) of the Summary Proceedings Amendment Act 1964

Reprinted in the First Schedule to the principal Act.:

Reprinted in the First Schedule to the principal Act. 10 untitled amendment
11 The Summary Proceedings Amendment Act 1964
12 Short Title
13 This section inserted subs. (1A) in s. 31 of the principal Act
14 (1) Repealed by s. 8 (3) of the Summary Proceedings Amendment Act 1973
15 untitled amendment
16 (1) This subsection added the proviso to s. 66 (6) of the principal Act
17 (1) Repealed by s. 8 (3) (b) of the Summary Proceedings Amendment Act (No. 2) 1987
18 This section amended s. 175 (1) of the principal Act
19 The Summary Proceedings Amendment Act 1967
20 Short Title
21 This section inserted s. 77A in the principal Act
22 The Summary Proceedings Amendment Act 1968
23 Short Title and commencement
24 (1) This subsection added subs. (2) to s. 19 of the principal Act
25 Repealed by s. 17 (5) (a) of the Transport Amendment Act 1980
26 The Summary Proceedings Amendment Act 1969
27 Short Title and commencement
28 untitled amendment
29 Repealed by s. 4 (2) of the Summary Proceedings Amendment Act 1976
30 untitled amendment
31 untitled amendment

: Maximum Fines Increased 124 untitled amendment
125 The Transport Amendment Act 1980
126 Short Title and commencement

II: Fines Enforcement 185 This section substituted a new Part III (comprising ss. 79 to 106F) for the former Part III (comprising ss. 79 to 105) of the principal Act.

III: Transitional Provisions, Amendments, and Repeals 186 Transitional provisions for infringement offences
187 Transitional provisions for enforcement of fines
188 Consequential amendments
189 Consequential repeals

FIRST SCHEDULE: Consequential Amendments 190 untitled amendment

SECOND SCHEDULE: Repeals 191 untitled amendment
192 The Summary Proceedings Amendment Act
193 Short Title and commencement
194 Repealed by s.13 (2) (a) of the Summary Proceedings Amendment Act (No. 2) 1998.
195 Repealed by s. 14 (2) (a) of the Summary Proceedings Amendment Act (No. 2) 1998.
196 Estreat of bonds
197 Repealed by s. 21 (2) (a) of the Summary Proceedings Amendment Act (No. 2) 1991.
198 Estreat of bail bond where determination appealed against
199 This amendment has been incorporated in Part II of the First Schedule to the principal Act, where it appears in this reprint.
200 Consequential repeals and amendments

: Amendments to Other Enactments 419 untitled amendment
420 The Summary Proceedings Amendment Act 1999
421 Short Title and commencement
422 untitled amendment
423 This section inserted para. (ca) in s. 146 of the principal Act.

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