Act In force Latest version as at 03 September 2007 (as enacted) | 1998 No 91 | Administered by Ministry of Justice

Summary Proceedings Amendment Act (No 3) 1998

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Short Title and commencement

Summary procedure for infringement offences

Withdrawal of warrant

Withdrawal of information by informant

Registrar may receive not guilty pleas

Registrar may prohibit publication of names

Variation of conditions of bail

Powers of Registrar to adjourn hearing or issue warrant to arrest defendant

Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment

Registrar may receive elections

Conduct of hearing

District Court Judge or Justice or Registrar may grant a rehearing

Order for immediate payment of fine

Further notice of fine

Extension of time to pay

Bailiff may arrange extension of time to pay

Action where fine not paid

Power to obtain information in respect of beneficiaries

Publication of name of fines defaulter

New sections inserted

Action where fine remains unpaid

New sections inserted

New sections inserted

Power to obtain information in respect of employers

Operation of attachment order

Transfer of enforcement to another District Court

Amendments to other enactments

Schedule Amendments to Other Enactments

Summary Proceedings Amendment Act (No 3) 1998

Public Act	1998 No 91
Date of assent	10 August 1998

Contents

1 Short Title and commencement

2 Interpretation

3 Summary procedure for infringement offences

4 Withdrawal of warrant

5 Withdrawal of information by informant

6 Registrar may receive not guilty pleas

7 Registrar may prohibit publication of names

8 Variation of conditions of bail

9 Powers of Registrar to adjourn hearing or issue warrant to arrest defendant

10 Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment

11 Registrar may receive elections

12 Conduct of hearing

13 District Court Judge or Justice or Registrar may grant a rehearing

14 Interpretation

15 Order for immediate payment of fine

16 Notice of fine

17 Further notice of fine

18 Extension of time to pay

19 Bailiff may arrange extension of time to pay

20 Action where fine not paid

21 Power to obtain information in respect of beneficiaries

22 Publication of name of fines defaulter

23 New sections inserted

24 Action where fine remains unpaid

25 New sections inserted

26 New sections inserted

27 Power to obtain information in respect of employers

28 Operation of attachment order

29 Transfer of enforcement to another District Court

30 Amendments to other enactments

Schedule
Amendments to Other Enactments

An Act to amend the Summary Proceedings Act 1957

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1) This Act may be cited as the Summary Proceedings Amendment Act (No 3) 1998, and is part of the Summary Proceedings Act 1957 (“the principal Act”).

(2) This Act comes into force on 1 November 1998.

2 Interpretation

This section inserted the definitions of the terms Bank and Benefit in s 2(1) of the principal Act.

3 Summary procedure for infringement offences

(1) This subsection inserted s 21(3A) to (3D) of the principal Act.

(2) This subsection inserted s 21(5A) and (5B) of the principal Act.

(3) This subsection inserted s 21(13) of the principal Act.

4 Withdrawal of warrant

This section inserted s 23(2) of the principal Act.

5 Withdrawal of information by informant

This section inserted s 36(1B) of the principal Act.

6 Registrar may receive not guilty pleas

This section inserted s 41A of the principal Act.

7 Registrar may prohibit publication of names

This section inserted s 46A of the principal Act.

8 Variation of conditions of bail

This section substituted s 50A(2)(b) of the principal Act.

9 Powers of Registrar to adjourn hearing or issue warrant to arrest defendant

This section substituted s 61A(3) and inserted s 61A(4) of the principal Act.

10 Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment

(1) This section inserted s 66(1A) of the principal Act.

(2) This subsection amended s 66(2) of the principal Act.

11 Registrar may receive elections

This section inserted s 66A of the principal Act.

12 Conduct of hearing

This section substituted s 67(1A) of the principal Ac.

13 District Court Judge or Justice or Registrar may grant a rehearing

(1) This section inserted s 75(1AA) of the principal Act.

(2) This section amended s 75(3) of the principal Act.

14 Interpretation

This section inserted paragraphs (c) to (f) of the definition of the term salary or wages in s 79 of the principal Act.

15 Order for immediate payment of fine

This section amended s 83(2)(b), and inserted s 83(2)(c) of the principal Act.

16 Notice of fine

This section substituted s 84(2)(e) of the principal Act.

17 Further notice of fine

(1) This subsection amended s 85(1)(b) of the principal Act.

(2) This subsection substituted s 85(1)(c) of the principal Act.

(3) This section substituted s 85(2)(b) of the principal Act.

18 Extension of time to pay

This section substituted s 86 of the principal Act.

19 Bailiff may arrange extension of time to pay

This section inserted s 86A of the principal Act.

20 Action where fine not paid

This section amended s 87(1)(b), and inserted s 87(1)(c) of the principal Act.

21 Power to obtain information in respect of beneficiaries

This section inserted s 87AA of the principal Act.

22 Publication of name of fines defaulter

This section amended s 87A(1)(d) of the principal Act.

23 New sections inserted

This section inserted ss 87B to 87J of the principal Act.

24 Action where fine remains unpaid

(1) This subsection substituted s 88(1A), and inserted s 88(1)(b) of the principal Act.

(2) This subsection amended s 88(3)(a) of the principal Act.

(3) This subsection inserted s 88(3)(fa) and (fb) of the principal Act.

(4) This subsection repealed s 88(4) of the principal Act.

25 New sections inserted

This section inserted ss 88A and 88B of the principal Act.

26 New sections inserted

This section inserted ss 102A and 102B of the principal Act.

27 Power to obtain information in respect of employers

This section inserted s 104A of the principal Act.

28 Operation of attachment order

(1) This subsection amended s 105(3) of the principal Act.

(2) This subsection substituted s 105(4) and (5), and inserted s 105(6) and (7) of the principal Act.

29 Transfer of enforcement to another District Court

This section substituted s 106D of the principal Act.

30 Amendments to other enactments

The enactments specified in the Schedule are amended in the manner indicated in that schedule.

Section 30

This Schedule amended s 126A Social Security Act 1964 (1964 No 136), Schedule 3 to the Privacy Act 1993 (1993 No 28), ss 81 and 85A Tax Administration Act 1994 (1994 No 166), and s 9(1) Tax Administration Amendment Act 1995 (1995 No 24).