Criminal Procedure (Consequential Amendments) Regulations 2013
Criminal Procedure (Consequential Amendments) Regulations 2013: revoked, on 1 July 2015, pursuant to section 410 of the Criminal Procedure Act 2011 (2011 No 81).
Version as at 1 July 2015
Criminal Procedure (Consequential Amendments) Regulations 2013
(SR 2013/409)
Criminal Procedure (Consequential Amendments) Regulations 2013: revoked, on 1 July 2015, pursuant to section 410 of the Criminal Procedure Act 2011 (2011 No 81).
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 30th day of September 2013
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Justice.
Pursuant to section 409 of the Criminal Procedure Act 2011, His Excellency the Governor-General makes the following regulations, acting—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Justice.
Regulations
1 Title
These regulations are the Criminal Procedure (Consequential Amendments) Regulations 2013.
2 Commencement
These regulations come into force on 4 October 2013.
Schedule Consequential amendments
Part 1Amendments to Acts
Antarctica (Environmental Protection: Liability Annex) Amendment Act 2012 (2012 No 95)
In section 5(1), new section 37C(2), delete “summary”
.
In section 5(1), new section 37D(2), delete “on indictment”
.
Bail Act 2000 (2000 No 38)
In the cross-heading above section 15, delete “or committed for trial or sentence”
.
Climate Change Response Act 2002 (2002 No 40)
In sections 259(2), 260(2), 261(2), 262, and 264(3), delete “summary”
.
In section 263(2), delete “on indictment”
.
In section 266, replace “section 14 of the Summary Proceedings Act 1957”
with “section 25 of the Criminal Procedure Act 2011”
.
In section 266, replace “an information”
with “the limitation period”
.
In section 266(a), replace “may be laid at any time within”
with “ends on the date that is”
.
In section 266(a), replace “time when the matter of the information arose”
with “date on which the offence was committed”
.
In section 266(b), replace “may be commenced at any time within”
with “ends on the date that is”
.
In section 266(b), replace “time when the matter of the information arose”
with “date on which the offence was committed”
.
Copyright Act 1994 (1994 No 143)
In sections 134B(5), 134ZA(2), and 144I(4), delete “summary”
.
Crown Minerals Act 1991 (1991 No 70)
In sections 101(3A) and 101B(4) and (5), delete “summary”
.
Dairy Industry Restructuring Act 2001 (2001 No 51)
Education Act 1989 (1989 No 80)
In sections 226B(1A), 236(1) and (2), 292(4), 292A(2), 292C(4), 292D(2), 292E(5), 292F(3), and 292G(3), delete “summary”
.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
In section 113, replace “Section 144 of the Summary Proceedings Act 1957”
with “Subpart 8 of Part 6 of the Criminal Procedure Act 2011”
.
In section 113, replace “section 107 of the Summary Proceedings Act 1957”
with “section 300 of the Criminal Procedure Act 2011”
.
In section 133(3) and (4), delete “summary”
.
In section 136, replace “lay an information”
with “file a charging document”
.
In section 137(1), replace “An information”
with “Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period”
.
In section 137(1), replace “may be laid no later than”
with “ends on the date that is”
.
In section 137(1), replace “time when”
with “date on which”
.
Repeal section 137(3).
In section 149(1), replace “Summary Proceedings Act 1957”
with “Criminal Procedure Act 2011”
.
In section 149(1)(c), replace “section 24 of the Summary Proceedings Act 1957”
with “rules made under the Criminal Procedure Act 2011”
.
In section 149(1)(c), replace “that section”
with “those rules”
.
Fisheries Act 1996 (1996 No 88)
In section 113Z(1)(b), replace “an information or charge has been laid”
with “a charging document has been filed”
.
Gas Act 1992 (1992 No 124)
In section 57C(4)(b), replace “laying of an information”
with “filing of a charging document”
.
Land Transport Management Act 2003 (2003 No 118)
In section 146(1), delete “summary”
.
In section 147(1), delete “summary”
.
In section 148, delete “summary”
.
National Animal Identification and Tracing Act 2012 (2012 No 2)
In Schedule 2, in the following clauses, delete “summary”
: 12(7), 13(4), 75(3), 76, 77(2), 78(6), 79(3), 80(2), 81, 82(3) and (4), 83(2), 84(2), and 85(2).
In Schedule 2, clause 39(2), replace “section 204 of the Summary Proceedings Act 1957”
with “section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Procedure Act 2011”
.
In Schedule 2, clause 39(2), replace “provides”
with “provide”
.
In Schedule 2, clause 39(2), replace “does”
with “do”
.
In Schedule 2, heading to clause 90, replace “Period within which information must be laid”
with “Time for filing charging document”
.
In Schedule 2, clause 90, replace “An information”
with “Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a charging document”
.
In Schedule 2, clause 90, replace “laid”
with “filed”
.
In Schedule 2, clause 90, replace “time when the matter giving rise to the information”
with “date on which the matter giving rise to the charge”
.
Petroleum Demand Restraint Act 1981 (1981 No 12)
In section 12, replace “accused”
with “defendant”
.
Public Works Act 1981 (1981 No 35)
In section 133(9), replace “laying of an information”
with “filing of a charging document”
.
Road User Charges Act 2012 (2012 No 1)
Repeal section 76(1).
In section 76(2), replace “section 14 of the Summary Proceedings Act 1957, an information”
with “section 25 of the Criminal Procedure Act 2011, the limitation period”
.
In section 76(2)(a), replace “may be laid at any time within”
with “ends on the date that is”
.
In section 76(2)(a), replace “time when the matter giving rise to the information arose”
with “date on which the offence was committed”
.
In section 76(2)(b), replace “may be laid within”
with “ends on the date that is”
.
In section 76(2)(b), replace “time when the matter giving rise to the information arose”
with “date on which the offence was committed”
.
In section 81(1)(a), replace “summarily under the Summary Proceedings Act 1957”
with “by filing a charging document under section 14 of the Criminal Procedure Act 2011”
.
In section 81(2), replace “Despite anything in section 21 of the Summary Proceedings Act 1957,”
with “Proceedings commenced in the way described in subsection (1)(a) do not require”
.
In section 81(2), replace “to lay an information is not necessary where an infringement offence is proceeded with summarily”
with “under section 21(1)(a) of the Summary Proceedings Act 1957”
.
Sale and Supply of Alcohol Act 2012 (2012 No 120)
In section 209(3), replace “section 78 of the Summary Proceedings Act 1957”
with “subpart 8 of Part 6 of the Criminal Procedure Act 2011”
.
In section 209(3), delete “as if the reference in subsection (3) of that section to either party were a reference to any party to the proceedings before the licensing authority”
.
In section 210(2), replace “section 78 of the Summary Proceedings Act 1957”
with “subpart 8 of Part 6 of the Criminal Procedure Act 2011”
.
In section 210(2), delete “as if the reference in subsection (3) of that section to either party were a reference to any party to the proceedings before the licensing authority”
.
In section 261(1)(a), replace “laying of an information under the Summary Proceedings Act 1957”
with “filing of a charging document under the Criminal Procedure Act 2011”
.
In section 278(1), replace “lays an information”
with “files a charging document”
.
In section 278(1), replace “the information”
with “the charging document”
.
In Schedule 2, item relating to the Civil Aviation Act 1990, new section 96(3)(b), delete “summary”
.
Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Act 2012 (2012 No 1 (L))
In section 7(2)(a), replace “under the Summary Proceedings Act 1957”
with “by filing a charging document under section 14 of the Criminal Procedure Act 2011”
.
Statistics Act 1975 (1975 No 1)
In section 45A(2), delete “summary”
.
Student Loan Scheme Act 2011 (2011 No 62)
In the heading to section 165, replace “Charge”
with “Charging document”
.
In section 165(1), replace “A charge”
with “A charging document”
.
Te Ture Whenua Maori Act 1993 (1993 No 4)
In section 280(7)(h), replace “information should be laid”
with “charging document should be filed”
.
Trade Marks Act 2002 (2002 No 49)
In sections 134B(5), 134ZA(2), and 155J(4), delete “summary”
.
United Nations Act 1946 (1946 No 7)
In section 3(2), replace “accused”
with “defendant”
.
Part 2Amendments to regulations
Corrections Regulations 2005 (SR 2005/53)
In regulation 186(5), delete “and committed”
.
Electricity (Safety) Regulations 2010 (SR 2010/36)
In the following regulations, delete “summary”
: 13(5), 14(2), 14A(4), 15(3) and (4), 16(2), 17(3) and (4), 18(2), 18A(3), 19(3), 27(5), 28(3), 29(3), 30(2), 31(4), 32(2), 33(7), 34(4) and (5), 35(2), 36(2), 38(4), 40(3) and (4), 41(5), 42(3), 43(3), 44(3), 45(2), 46(2), 56, 58(4), 61A(3), 63(3), 64(2), 69, 73, 73B, 74(4), 74D, 74H, 75(5), (6), and (7), 76(2), 77(2), 78(7), 80(4), 82(1) and (2), 83(4), 84(3), 87(6), 88(3), 89(3), 90(4), 91(4) and (5), 107, 110(5), and 111C.
Engine Fuel Specifications Regulations 2011 (SR 2011/352)
In regulation 22, delete “summary”
.
Fisheries (Sharks—High Seas Protection) Regulations 2012 (SR 2012/355)
In regulation 5(2), delete “summary”
.
Futures Contracts (NZCDC Settlement System and NZX Derivatives Market) Exemption Notice 2010 (SR 2010/304)
In clause 6(f)(iii), replace “an indictable offence”
with “an offence punishable by 2 or more years’ imprisonment”
.
Gas (Safety and Measurement) Regulations 2010 (SR 2010/76)
In the following regulations, delete “summary”
: 9(6), 10(3), 14A(4), 15(2), 16(4), 17(2), 18(2), 19(3), 21(5), 22(6), (7), and (8), 23(3), 25(3), 26(4), 27(4), 28(3) and (4), 40, 41(5), 42(3), 43(4), 44(6), 45(2), 50, 52, 52A(6), 52C(2), 52F, 52J, 53(4), 54(4) and (5), 56, 58(1), (2), and (3), 59(5), 60(3), 63(6), 66(3), 68, 70(5), 71(3), 72(3) and (4), 73(3), 74(4), 75(2), 76(6), 77(7), 78(8), 79(3) and (4), 80(3), 81(3), 82(3), 83(4) and (5), 84(5), 85C, 86(5), 88(2), 89, and 96(3).
Land Transport (Infringement and Reminder Notices) Regulations 2012 (SR 2012/111)
In the following paragraphs, after “under”
, insert “the Criminal Procedure Act 2011 or”
:
(a)
Schedule 2, paragraph 7:
(b)
Schedule 4, paragraph 7:
(c)
Schedule 5, paragraph 7:
(d)
Schedule 5, paragraph 11:
(e)
Schedule 8, paragraph 7.
Social Security (Income and Cash Assets Exemptions) Regulations 2011 (SR 2011/287)
In regulation 36, definition of crime, replace paragraphs (a) and (b) with:
(a)
is liable on conviction to imprisonment for life or to imprisonment for more than 3 months; or
(b)
would have been liable on conviction to imprisonment for life or to imprisonment for more than 3 months but for circumstances (for example, where the offender has died)
Te Waikoropupū Springs Scenic Reserve Bylaws 2011 (SR 2011/296)
In bylaw 20, delete “summary”
.
Waikato-Tainui (Waikato River Fisheries) Regulations 2011 (SR 2011/294)
In regulation 27(1) and (2), delete “summary”
.
Rebecca Kitteridge,
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 4 October 2013, are made under the Criminal Procedure Act 2011 (the Act). They amend enactments made or enacted before 1 July 2013, by omitting or modifying specified references, to make the enactments consistent with the Act.
Date of notification in Gazette: 3 October 2013.
Notes
1 General
This is a consolidation of the Criminal Procedure (Consequential Amendments) Regulations 2013 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Criminal Procedure Act 2011 (2011 No 81): section 410