Summary Proceedings Amendment Act (No 2) 2010
Summary Proceedings Amendment Act (No 2) 2010
Summary Proceedings Amendment Act (No 2) 2010

Summary Proceedings Amendment Act (No 2) 2010
| Public Act | 2010 No 121 |
| Date of assent | 29 October 2010 |
| Commencement | see section 2 |
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Summary Proceedings Amendment Act (No 2) 2010.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act amended
This Act amends the Summary Proceedings Act 1957.
4 Amendments to Schedule 1
The item relating to Part 10 of the Crimes Act 1961 in Part 1 of Schedule 1 is amended by—
(a) omitting
“223(a) to (c)”
in each place where it appears and substituting in each case“223(a) to (d)”
; and
(b) omitting
“241(a) and (b)”
and substituting“241(a) to (c)”
; and
(c) omitting
“247(a) and (b)”
and substituting“247(a) to (c)”
.
5 Criminal process not to be held null or invalid
-
(1) Nothing done in any court at any time on or after 26 June 2008 and before the date on which this Act comes into force in respect of an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 is a nullity or otherwise invalid only because, at the time it was done, section 223(d), 241(c), or 247(c) (as the case may be) was not referred to in Part 1 of Schedule 1 of the Summary Proceedings Act 1957.
(2) Nothing done in any court at any time on or after 26 June 2008 and before the date on which this Act comes into force in respect of an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 is a nullity or otherwise invalid only because of the operation of section 4 of this Act.
6 Section 5 not to apply to certain legal proceedings
Section 5 does not apply to the following legal proceedings:
(a) any appeal from the decision in NZ Police v Selwen (District Court, Hamilton, CRI 2010-019-003388, 21 June 2010, Marshall DCJ); or
(b) any other legal proceedings that expressly challenge the validity of a conviction for an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 on the ground that that provision was not referred to in Part 1 of Schedule 1 of the Summary Proceedings Act 1957 at the date of that conviction, if those proceedings were commenced, and contained that ground, before the date on which this Act receives the Royal assent.
Legislative history | |
|---|---|
| 28 October 2010 | Introduction (Bill 228–1), first reading, second reading, committee of the whole House, third reading |
| 29 October 2010 | Royal assent |
This Act is administered by the Ministry of Justice.