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Act In force Latest version as at 29 June 2009 | 1998 No 77 | Administered by Ministry of Justice

Summary Proceedings Amendment Act (No 2) 1998

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Act In force Latest version as at 29 June 2009 | 1998 No 77 | Administered by Ministry of Justice

Summary Proceedings Amendment Act (No 2) 1998

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Contents
1
Short Title and commencement
2
New sections substituted
3
New sections substituted
4
Issue of summons or warrant to arrest defendant
5
Issue of summons or warrant for attendance of witness
6
Summary procedure for minor offences
7
Withdrawal of warrant
8
Mode of service of summons on defendant
9
Order for taking evidence of defence witness at distance
10
Order for taking evidence of person about to leave country
11
Place of hearing of information
12
Power to adjourn
13
New sections substituted
14
New sections substituted
15
Effect on bond of attendance or non-attendance of person bailed by constable
16
Certification of non-performance of condition of bail bond
17
Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
18
Criminal Records
19
District Court Judge or Justice or Community Magistrate may grant rehearing
20
Power of the Court to amend defective sentences
21
Action where fine remains unpaid
22
Rights of representation and appeal
23
Restriction on imprisonment
24
Appeals from decisions of Community Magistrates
25
Appeal to High Court on question of law
26
Right of appeal against decisions relating to bail
27
Proceedings under Part 5
28
Issue of summons to or warrant to arrest defendant
29
Issue of warrant where defendant who has been summoned does not attend
30
Application of provisions of Part 2
31
Defendant may plead guilty before or during preliminary hearing
32
Place of preliminary hearing
33
Depositions of witnesses
34
Statement of defendant who is unrepresented
35
Witnesses on behalf of defendant to be examined if defendant wishes
36
If evidence sufficient defendant may be committed for trial or sentence
37
Release on bail of defendant committed for trial or sentence
38
Power to take statement of person dangerously ill
39
Evidence of statement made by person dangerously ill
40
Provision for person in custody to be present at taking of statement
41
Notice to witnesses to attend at High Court
42
When deposition or written statement may be read in evidence
43
Witness about to leave New Zealand may be arrested
44
Part 7 amended
45
No action against District Court Judge, Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction
46
No action against District Court Judge, Justice, or Community Magistrate to be brought in District Court
47
Onus of proof
48
Plaintiff may be ordered to give security for costs
49
Indemnity to Justice or Community Magistrate
50
Search warrants
51
Who may take affidavit
52
Contempt of Court
53
Payment and recovery of fees
54
Schedule 2 amended
55
New Schedule 2A inserted
Schedule New Schedule 2A of Summary Proceedings Act 1957
Reprint notes

Reprint
as at 29 June 2009

Summary Proceedings Amendment Act (No 2) 1998

Public Act 1998 No 77
Date of assent 30 June 1998
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

Contents

Title

1 Short Title and commencement

2 New sections substituted

3 New sections substituted

4 Issue of summons or warrant to arrest defendant

5 Issue of summons or warrant for attendance of witness

6 Summary procedure for minor offences

7 Withdrawal of warrant

8 Mode of service of summons on defendant

9 Order for taking evidence of defence witness at distance

10 Order for taking evidence of person about to leave country

11 Place of hearing of information

12 Power to adjourn

13 New sections substituted [Repealed]

14 New sections substituted [Repealed]

15 Effect on bond of attendance or non-attendance of person bailed by constable [Repealed]

16 Certification of non-performance of condition of bail bond [Repealed]

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

18 Criminal Records

19 District Court Judge or Justice or Community Magistrate may grant rehearing

20 Power of the Court to amend defective sentences

21 Action where fine remains unpaid

22 Rights of representation and appeal

23 Restriction on imprisonment

24 Appeals from decisions of Community Magistrates

25 Appeal to High Court on question of law

26 Right of appeal against decisions relating to bail [Repealed]

27 Proceedings under Part 5 [Repealed]

28 Issue of summons to or warrant to arrest defendant [Repealed]

29 Issue of warrant where defendant who has been summoned does not attend [Repealed]

30 Application of provisions of Part 2 [Repealed]

31 Defendant may plead guilty before or during preliminary hearing [Repealed]

32 Place of preliminary hearing [Repealed]

33 Depositions of witnesses [Repealed]

34 Statement of defendant who is unrepresented [Repealed]

35 Witnesses on behalf of defendant to be examined if defendant wishes [Repealed]

36 If evidence sufficient defendant may be committed for trial or sentence [Repealed]

37 Release on bail of defendant committed for trial or sentence [Repealed]

38 Power to take statement of person dangerously ill [Repealed]

39 Evidence of statement made by person dangerously ill [Repealed]

40 Provision for person in custody to be present at taking of statement [Repealed]

41 Notice to witnesses to attend at High Court [Repealed]

42 When deposition or written statement may be read in evidence [Repealed]

43 Witness about to leave New Zealand may be arrested [Repealed]

44 Part 7 amended

45 No action against District Court Judge, Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction

46 No action against District Court Judge, Justice, or Community Magistrate to be brought in District Court

47 Onus of proof

48 Plaintiff may be ordered to give security for costs

49 Indemnity to Justice or Community Magistrate

50 Search warrants

51 Who may take affidavit

52 Contempt of Court

53 Payment and recovery of fees

54 Schedule 2 amended

55 New Schedule 2A inserted

Schedule
New Schedule 2A of Summary Proceedings Act 1957

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 2) 1998, and is part of the Summary Proceedings Act 1957 (“the principal Act”).

    (2) This Act comes into force on the date on which this Act receives the Royal assent.

2 New sections substituted
3 New sections substituted
4 Issue of summons or warrant to arrest defendant

  • (1) This subsection amended s 19(1)(a) of the principal Act.

    (2) Section 19(1)(b) of the principal Act was amended—

    • (a) This paragraph amended s 19(1)(b) of the principal Act.

    • (b) This paragraph amended s 19(1)(b)(i) of the principal Act.

5 Issue of summons or warrant for attendance of witness

  • This section amended s 20(1) of the principal Act.

6 Summary procedure for minor offences
7 Withdrawal of warrant

  • This section amended s 23 of the principal Act.

8 Mode of service of summons on defendant

  • This section amended s 24(1) of the principal Act.

9 Order for taking evidence of defence witness at distance

  • This section amended s 31(2) of the principal Act.

10 Order for taking evidence of person about to leave country

  • This section amended s 32(2) of the principal Act.

11 Place of hearing of information

  • This section amended s 34 of the principal Act.

12 Power to adjourn

  • This section amended s 45(2) of the principal Act.

13 New sections substituted

  • [Repealed]

    Sections 13 to 16 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

14 New sections substituted

  • [Repealed]

    Sections 13 to 16 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

15 Effect on bond of attendance or non-attendance of person bailed by constable

  • [Repealed]

    Sections 13 to 16 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

16 Certification of non-performance of condition of bail bond

  • [Repealed]

    Sections 13 to 16 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

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

  • This section amended s 66(6) of the principal Act.

18 Criminal Records

  • This section amended s 71 of the principal Act.

19 District Court Judge or Justice or Community Magistrate may grant rehearing

  • Section 75 of the principal Act was amended—

    • (a) This paragraph amended s 75(1) and (3) of the principal Act.

    • (b) This paragraph amended the proviso to s 75(1) of the principal Act.

20 Power of the Court to amend defective sentences

  • This section amended s 77(1) of the principal Act.

21 Action where fine remains unpaid

  • (1) This subsection amended s 88(1) of the principal Act.

    (2) This subsection substituted s 88(2)(a) of the principal Act.:

    (3) This subsection amended s 88(2)(b) to (e) of the principal Act.

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

    (5) This subsection inserted s 88(3AAA) of the principal Act.

    (6) This subsection amended s 88(3A) of the principal Act.

    (7) This subsection amended s 88(8) and (9) of the principal Act.

22 Rights of representation and appeal
23 Restriction on imprisonment

  • Section 106E of the principal Act (as substituted by section 20(1) of the Summary Proceedings Amendment Act 1993) was amended—

    • (a) This paragraph amended s 106E(1) of the principal Act.

    • (b) This paragraph amended s 106E(5) of the principal Act.

24 Appeals from decisions of Community Magistrates

  • This section inserted s 114A of the principal Act.

25 Appeal to High Court on question of law

  • This section inserted s 114B of the principal Act.

26 Right of appeal against decisions relating to bail

  • [Repealed]

    Section 26 was repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

27 Proceedings under Part 5

  • [Repealed]

    Section 27: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

28 Issue of summons to or warrant to arrest defendant

  • [Repealed]

    Section 28: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

29 Issue of warrant where defendant who has been summoned does not attend

  • [Repealed]

    Section 29: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

30 Application of provisions of Part 2

  • [Repealed]

    Sections 30 and 31 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

31 Defendant may plead guilty before or during preliminary hearing

  • [Repealed]

    Sections 30 and 31 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

32 Place of preliminary hearing

  • [Repealed]

    Section 32: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

33 Depositions of witnesses

  • [Repealed]

    Section 33: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

34 Statement of defendant who is unrepresented

  • [Repealed]

    Section 34: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

35 Witnesses on behalf of defendant to be examined if defendant wishes

  • [Repealed]

    Section 35: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

36 If evidence sufficient defendant may be committed for trial or sentence

  • [Repealed]

    Section 36: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

37 Release on bail of defendant committed for trial or sentence

  • [Repealed]

    Section 37 was repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.

38 Power to take statement of person dangerously ill

  • [Repealed]

    Sections 38 and 39 were repealed as from 1 January 2001, by section 4(2) Summary Proceedings Amendment Act 2000 (2000 No 82).

39 Evidence of statement made by person dangerously ill

  • [Repealed]

    Sections 38 and 39 were repealed as from 1 January 2001, by section 4(2) Summary Proceedings Amendment Act 2000 (2000 No 82).

40 Provision for person in custody to be present at taking of statement

  • [Repealed]

    Section 40: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

41 Notice to witnesses to attend at High Court

  • [Repealed]

    Section 41: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

42 When deposition or written statement may be read in evidence

  • [Repealed]

    Section 42: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

43 Witness about to leave New Zealand may be arrested

  • [Repealed]

    Section 43: repealed, on 29 June 2009, by section 17 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

44 Part 7 amended

  • This section substituted the heading of Part 7 of the principal Act.

45 No action against District Court Judge, Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction

  • Section 193 of the principal Act was amended—

    • (a) This paragraph amended s 193(1) of the principal Act.

    • (b) This paragraph amended s 193(2) of the principal Act.

    • (c) This paragraph amended s 193(2) of the principal Act.

46 No action against District Court Judge, Justice, or Community Magistrate to be brought in District Court

  • This section amended s 194 of the principal Act.

47 Onus of proof

  • This section amended s 195 of the principal Act.

48 Plaintiff may be ordered to give security for costs

  • This section amended s 196 of the principal Act.

49 Indemnity to Justice or Community Magistrate

  • This section amended s 197 of the principal Act.

50 Search warrants

  • Section 198 of the principal Act was amended—

    • (a) This paragraph amended s 198(1) of the principal Act.

    • (b) This paragraph amended s 198(6) of the principal Act.

51 Who may take affidavit

  • This section amended s 202 of the principal Act.

52 Contempt of Court

  • This section amended s 206 of the principal Act.

53 Payment and recovery of fees

  • This s 207(2) of the principal Act.

54 Schedule 2 amended

  • This section amended Schedule 2 of the principal Act.

55 New Schedule 2A inserted

  • This section and the Schedule to this Act inserted Schedule 2A of the principal Act.

Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)

Notes
1 General

  • This is an eprint of the Summary Proceedings Amendment Act (No 2) 1998. It incorporates all the amendments to the Act as at 29 June 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint

  • This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official” under “Status of legislation on this site” in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)

  • Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41): section 17

Act In force Latest version as at 29 June 2009

Summary Proceedings Amendment Act (No 2) 1998

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