Explanatory note

This Supplementary Order Paper amends the Criminal Procedure Bill in 2 respects.

First, it amends new section 180 of the Summary Proceedings Act 1957 (inserted by clause 92 of the Bill) to remove the provisions of that section that provide that parties to an application for an oral evidence order have no right to make oral submissions to a Judge, and that confer a residual discretion on the Judge to hear oral submissions if he or she thinks this is necessary. The Supplementary Order Paper provides, instead, that a party who applies for an oral evidence order has the right to make oral submissions to a Judge in support of the application, and if the applicant makes oral submissions the other party may also make oral submissions to the Judge on that application.

Secondly, the Supplementary Order Paper inserts a new clause 97A requiring the Solicitor-General, or a person nominated by the Solicitor-General, to review the operation of new Part 5 of the Summary Proceedings Act 1957 as soon as practicable after it has been in operation for 2 years. The person conducting the review must—

• consult with the Ministry of Justice, the New Zealand Law Society, and any other person or body he or she considers appropriate to consult with; and

• report on the outcome of the review to the Minister of Justice within 6 months of commencing it; and

• advise in that report whether new Part 5 of the Summary Proceedings Act 1957 should be retained, amended, or replaced.