Summary Proceedings Amendment Regulations 2006
2006/265
Summary Proceedings Amendment Regulations 2006
Note
These regulations are administered by the Ministry of Justice.
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Preamble
At Wellington this 28th day of August 2006
Pursuant to section 212 of the Summary Proceedings Act 1957, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
1 Title
These regulations are the Summary Proceedings Amendment Regulations 2006.
2 Commencement
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(1) Regulation 5 comes into force on 1 March 2007.
(2) The rest of these regulations come into force on 10 October 2006.
3 Principal regulations amended
These regulations amend the Summary Proceedings Regulations 1958.
4 Interpretation
Regulation 2 is amended by inserting the following definition in its appropriate alphabetical order:
“fine, for the purposes of these regulations (including any prescribed form, has the meaning set out in section 79 of the Act and, for the avoidance of doubt, includes—
“(a) any amount that is required to be paid under a sentence of reparation; or
“(b) any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002.”
5 New regulation 15B substituted
Regulation 15B is revoked and the following regulation substituted:
“15B Reminder notice for infringement offence
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“(1) The particulars of a reminder notice referred to in section 21(4)(a) of the Act are—
“(a) the number of the reminder notice; and
“(b) the name and address of the informant; and
“(c) the full name and full address of the defendant; and
“(d) details of the alleged infringement offence, including the date, time, place of the offence, the enactment and provision contravened, and the registration number of the vehicle (if any) used in the offence; and
“(e) the infringement fee, or the amount of the infringement fee remaining unpaid, other fees, and any other penalties specified in respect of the alleged offence; and
“(f) the name or number (if any) of the officer who issued the infringement notice.
“(2) The particulars of a reminder notice referred to in section 21(4)(b) of the Act are—
“(a) the date and method of service of the infringement notice; and
“(b) the date and method of service of the reminder notice; and
“(c) the full address at which the reminder notice was served.
“(3) The particulars of a reminder notice referred to in section 21(4)(c) of the Act are—
“(a) the defendant's date of birth; and
“(b) the defendant's gender; and
“(c) the defendant's occupation; and
“(d) the defendant's telephone number or numbers; and
“(e) the defendant's driver licence number (if a vehicle was used in the offence).
“(4) The particulars specified in subclause (3) apply only if known.
“(5) The particular specified in subclause (3)(e) applies only if relevant.”
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6 Applications for correction of irregularities in proceedings for infringement offences
Regulation 15E is amended by omitting
“shall be accompanied by a statutory declaration”
and substituting“must be”
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7 Fee and expenses in respect of enforcement of fine
Regulation 15K(1) is amended by omitting
“a fee of $100 shall be”
and substituting“the fee specified in Schedule 2 is”
.
8 New regulation 15M substituted
Regulation 15M is revoked and the following regulation substituted:
“15M Receipt for payment of fine, etc
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“(1) Subclause (2) applies to a sum levied by or paid to any member of the police or a bailiff under a warrant.
“(2) The member of the police or the bailiff who receives any amount in or towards payment of the sum described in subclause (1) must give to the defendant or the person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount.
“(3) Subclause (4) applies to a sum paid in or towards a Court fee, fine, costs, or other money payable on an information or complaint or on a conviction or order made by a Court.
“(4) The following persons must, on receiving any amount in or towards payment of the sum described in subclause (3), give to the defendant or other person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount:
“(a) if the amount is paid to the Registrar, the Registrar; or
“(b) if the amount is paid to a person nominated under section 208(2)(b) of the Act, that person.
“(5) Subclause (4) does not apply if a receipt has already been given under subclause (2).”
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9 Schedule 1 amended
10 Schedule 2 amended
Schedule 2 is amended by inserting the following item after item 7:
(8) For enforcement of a fine, in accordance with regulation 15K 100
Schedule |
r 9 |
“Form 10
“Reminder notice in respect of infringement offence”
“Form 26
“Attachment order where fine remains unpaid”
“Form 27
“Warrant to arrest defendant for unpaid fine”
“Form 57
“Application to correct irregularities in proceedings for”
Diane Morcom,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 10 October 2006 (except regulation 5), amend the Summary Proceedings Regulations 1958 (the principal regulations).
Regulation 5 comes into force on 1 March 2007.
Regulation 4 inserts into regulation 2 of the principal regulations a definition of the term fine. The definition includes any amount that is required to be paid under a sentence of reparation or under any order of reparation as defined in section 145D of the Sentencing Act 2002.
Regulation 5 substitutes a new regulation 15B in the principal regulations which specifies the particulars of a reminder notice referred to in section 21(4) of the Summary Proceedings Act 1957 (the Act).
Regulation 6 amends regulation 15E of the principal regulations to remove the requirement that a person applying to correct irregularities in proceedings for an infringement offence must complete a separate statutory declaration.
Regulation 7 amends regulation 15K of the principal regulations to omit the amount of the fee specified as payable by a defendant for enforcement of a fine. This fee is now included in Schedule 2 of the principal regulations. The amount of the fee is unchanged.
Regulation 8 substitutes a new regulation 15M in the principal regulations. New regulation 15M provides for a receipt to be given for payment of a fine or other sum by the Registrar or other person receiving the payment.
Regulation 9 substitutes the following new forms 10, 26, 27, and 57 in Schedule 1 of the principal regulations:
•new form 10 (reminder notice in respect of infringement offence) is a general form and no longer applies in respect of infringement offence notices issued under the Transport Act 1962, the Land Transport Act 1998, or the Resource Management Act 1991. The reminder notices to be used in respect of those infringement offence notices are separately prescribed under those Acts:
•new form 26 (attachment order where fine remains unpaid) is redrafted to more clearly set out the obligations and liabilities of an employer and to include the option of paying deductions made from a defendant's wages or salary into a Ministry of Justice trust account:
•new form 27 (warrant to arrest defendant for unpaid fine) removes reference to a conviction as most outstanding fines arise from infringement offences, and recognises that warrants can now be issued to bring defendants before a Registrar or a Community Magistrate, as well as a District Court Judge:
•new form 57 (application to correct irregularities in proceedings for infringement offence) is consequential on new section 78B of the Act and the amendment to regulation 15E of the principal regulations. The new form sets out the various grounds on which an application can be made and includes a statutory declaration.
Date of notification in Gazette: 31 August 2006.