1 Short Title and commencement

2 Interpretation

3 Application of certain provisions of Crimes Act 1961

4 Summary criminal jurisdiction of Court

5 Jurisdiction to conduct preliminary hearing of indictable offences

6 Summary jurisdiction in respect of indictable offences

7 Maximum penalty on summary conviction for indictable offence

8 Other jurisdictions and powers not affected

9 Jurisdiction of District Court Judges in respect of summary offences

9A Jurisdiction of Justices in respect of summary offences

9B Jurisdiction of Community Magistrates in respect of summary offences

9C Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences

9D Power to impose penalties provided for in Land Transport Act 1998

9E Ancillary powers under Criminal Justice Act 1985, Sentencing Act 2002, and Land Transport Act 1998

9F Power of Community Magistrates to decline jurisdiction

9G Power to transfer matter to Court presided over by District Court Judge

10 Jurisdiction in respect of fugitive offenders [Repealed]

11 Application of this Part

12 Commencement of proceedings

13 Any person may lay an information

14 Time for laying information

15 Information to be in prescribed form and upon oath

16 Information to be for one offence only

17 Information to contain sufficient particulars

17A Certain informations to disclose range of penalties

18 Information to be filed in nearest Court

19 Issue of summons to or warrant to arrest defendant

19A Summons following arrest

19B Summons following evidential breath test

20 Issue of summons or warrant for attendance of witness

20A Summary procedure for minor offences

21 Summary procedure for infringement offences

21A Evidence of particulars of reminder notice deemed to have been filed in Court by electronic means

22 To whom warrant to be directed and power of person executing warrant to enter premises

23 Withdrawal of warrant

24 Mode of service of documents on defendant

25 Who may serve documents on defendant

26 Mode of service of documents on person other than defendant

27 Who may serve documents on person other than defendant

28 Mode of service in particular cases

29 Proof of service

30 Translation of documents into Maori language

31 Order for taking evidence of defence witness at a distance

32 Order for taking evidence of person about to leave country

33 Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence

34 Place of hearing of information

35 Power to clear Court and forbid report of proceedings [Repealed]

36 Withdrawal of information by informant

37 Who may conduct proceedings

38 Court may issue warrant for appearance of witness

39 Witness refusing to give evidence may be imprisoned

40 Witnesses at the hearing

41 Right to plead guilty by notice to Registrar

41A Registrar may receive not guilty pleas

42 Plea of guilty may be withdrawn by leave of Court

43 Amendment of information where defendant appears

43A Amendment of information to correct particulars of defendant

44 Power of Court to decline summary jurisdiction

44A Power of Court to decline summary jurisdiction in case of certain summary offences

45 Power to adjourn

45A Power of Registrar to adjourn

46 Dealing with defendant on adjournment

46A Registrar may prohibit publication of names

46AB Application of section 45 during epidemic

46AC Application of section 46 during epidemic

47 Warrant for detention of defendant remanded in custody

48 Defendant, if bailable as of right, to be brought before Court on request [Repealed]

49 Conditions of bail [Repealed]

49A Variation of conditions of bail [Repealed]

50 Release of defendant granted bail [Repealed]

50A Variation of conditions of bail [Repealed]

51 Defendant may be admitted to bail by constable in certain cases [Repealed]

52 Mode of taking bail bond by constable [Repealed]

53 Defendant on bail may be arrested without warrant in certain circumstances [Repealed]

54 Failure to answer bail [Repealed]

55 Arrest of defendant who does not attend hearing [Repealed]

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

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

58 Estreat of bail bond [Repealed]

59 Defendant in custody may be brought up before expiry of period of adjournment

60 Evidence to be given on oath [Repealed]

61 Powers of Court when defendant does not appear

61A Powers of Registrar to adjourn hearing or issue warrant to arrest defendant

62 Powers of Court when informant does not appear

63 Powers of Court when neither party appears

64 Dismissal for want of prosecution not to operate as bar to other proceedings

65 Court to proceed when both parties appear

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

66A Registrar may receive elections

67 Conduct of hearing

67A Identification evidence

68 Decision of Court

69 Procedure where defendant liable to greater penalty because of previous convictions

69AA Further provisions relating to previous convictions

69A Proof of previous convictions

70 Order for restitution of stolen property or payment of its value [Repealed]

71 Criminal Records

72 Costs [Repealed]

73 Witnesses' expenses

74 Provisions of this Part to apply to complaints

75 District Court Judge or Justice or Registrar or Community Magistrate may grant a rehearing

76 Proceedings against parties to offences

77 Power of the Court to amend defective sentences

77A Stay of proceedings

78 Court may state case for opinion of High Court

78A Conviction not to be recorded for infringement offences

78B Power to correct irregularities in proceedings for infringement offences

79 Interpretation

80 Fines generally payable within 28 days

81 Time to pay or payment by instalments

82 Statement of means

83 Order for immediate payment of fine

84 Notice of fine

85 Final notice of fine

86 Extension of time to pay

86A Bailiff may arrange extension of time to pay

86B Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order

87 Action where fine not paid or where arrangement or attachment order cancelled

87AA Power to obtain information in respect of beneficiaries

87A Publication of name of fines defaulter

87B Deduction of fines

87C Revocation of deduction notices

87D Fine to be treated as being paid

87E Deduction notices issued on banks

87F Meaning of certain terms relating to banks

87G Offences in relation to deduction notices

87H Variation or discharge of deduction notices

87I Penalty for late deductions

87J Giving of notices

88 Action where fine remains unpaid

88A Charging orders

88B Remission of fine

89 Rights of representation and appeal

90 Scale of imprisonment for non-payment of fine

91 Defendant on substituted sentence to be discharged on payment of fine

92 Effect of warrant of commitment

93 Warrant to seize property

94 Seizure and delivery of property

94A Personal property securities register to be checked

94B Immobilisation of motor vehicles

95 Sale of property seized

96 Claims to property seized

97 Procedure where property seized subject to hire purchase agreement, bill of sale, etc

98 Application of proceeds of sale

99 Compensation to third party with interest in property sold

100 Return of property on payment of fine

101 Offence to interfere with or rescue property seized

102 Protection of Registrar, Bailiff, etc

102A Resisting or obstructing Bailiffs

102B Proceedings against Bailiffs acting under warrants

103 Effect of attachment order

104 Attachment order to be served on employer

104A Power to obtain information in respect of employers

105 Operation of attachment order

106 Liability of employer

106A Wrongful treatment of employee

106B Extent to which attachment orders bind the Crown

106C Statement of salary or wages paid

106D Transfer of enforcement to another District Court

106E Restrictions on alternative sentences

106F Review of Registrar's decision

107 Appeal on question of law only by way of case stated

108 No appeal on ground of improper admission or rejection of evidence

109 District Court Judge or Justice may refuse a case if he thinks appeal frivolous

110 Certiorari not to be required when appeal upon case stated

111 Case may be sent back for amendment

112 High Court to determine the questions on the case

113 Appeal on point of law may be removed into Court of Appeal

114 Defendant appealing by way of case stated not allowed to appeal otherwise

114A Appeals from decisions of Community Magistrates

114B Appeal to High Court on question of law

115 Defendant's general right of appeal to High Court

115A Informant's right of appeal against sentence

115B Right of appeal against sentence for contempt of Court

115C Right of appeal against decisions relating to publication of reports of proceedings or identifying particulars

115D Rights of appeal against decisions relating to bail [Repealed]

115DA Right of appeal against order for costs

115DB Rights of appeal subject to Crimes Act 1961

115E Procedural provisions applying to appeals under section 115D [Repealed]

116 Notice of appeal

117 Transmission of notice of appeal to High Court

118 Setting down appeal for hearing

119 Procedure on appeal

120 Defects in notice of appeal

121 High Court to hear and determine appeal

122 Power to clear Court and forbid report of proceedings [Repealed]

123 Powers of Judge of High Court as to extension of time

124 Provisions as to issue of warrant pending appeal

125 Granting of bail to appellant who is in custody [Repealed]

126 Arrest of appellant who has absconded or is about to abscond while on bail [Repealed]

127 Custody of appellant pending appeal [Repealed]

128 Surrender of appellant released on bail and discharge of surety [Repealed]

129 Abandonment of appeal

130 Presentation of case by party in custody

131 Power of High Court to direct rehearing of information or complaint

132 Amendment of conviction by substituting one offence for another

133 Dismissal of appeal for non-prosecution

134 Registrar to certify decision on appeal

135 Execution of decision of High Court

136 Custody of person after determination of appeal

137 Resumption of sentence or order on determination of appeal

137A Provisions on determination of appeal where defendant sentenced to periodic detention [Repealed]

137B Provisions on determination of appeal where defendant sentenced to community service [Repealed]

137C Provisions on determination of appeal where defendant sentenced to community care [Repealed]

137D Provisions on determination of appeal where non-association order made in respect of defendant [Repealed]

138 Revesting and restitution of property on conviction

139 Estreat of bail bond where determination appealed against [Repealed]

140 Orders as to costs [Repealed]

141 Party giving notice of appeal and not prosecuting same may be ordered to pay costs [Repealed]

142 Enforcement of order as to costs [Repealed]

143 No Court fees payable on appeal by person sentenced to detention

144 Appeal to Court of Appeal

144A Appeal to Supreme Court

144B Powers of Court of Appeal and Supreme Court on appeal

145 Proceedings under this Part

146 Application of provisions of Part 2

147 Issue of summons to or of warrant to arrest defendant

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

149 Defect in form or variance between charge and evidence

150 Service of summons on defendant

151 Application of provisions of Part 2

152 Power to adjourn

152A Power of Registrar to adjourn

153 Application of section 46

153A Defendant may plead guilty before or during preliminary hearing

154 Application of provisions of Part 2

155 Place of preliminary hearing

156 Power to clear Court and forbid report of preliminary hearing [Repealed]

157 Withdrawal of information by informant

158 Preliminary hearing to take place in presence of defendant

159 Preliminary hearing may be completed notwithstanding witness's failure to appear or to give evidence

160 Charge to be read to defendant

160A Committal without consideration of evidence

161 Depositions of witnesses

161A Application for leave to question undercover police officer's identity to be removed into High Court

162 Amendment of information

163 Statement of defendant who is unrepresented

164 Admissions of defendant may be put in evidence

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

166 No comment to be made on defendant's refraining from answering the charge

167 If evidence insufficient defendant to be discharged

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

168A Court to which defendant to be committed

168AA High Court Judge to determine Court of trial in certain cases

168AB Notice of transfer of case to District Court

168B Defendant to be warned as to law relating to notice of alibi

168C Defendant to be advised of his right to apply for trial before a Judge without a jury

169 Where defendant pleads guilty, no objection to be taken and plea not to be withdrawn without leave

170 Defendant committed for sentence to be brought before High Court

171 Dealing with defendant committed for trial or for sentence

172 Procedure on charge of offence against corporation

173 Stay of proceedings

173A Written statements

174 Order for taking evidence of defence witness

175 Power to take statement of person dangerously ill

176 Evidence of statement made by person dangerously ill

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

178 Deposition of witness taken after defendant committed for trial

178A Persons who may sign statements by assumed name [Repealed]

179  [Repealed]

180 Depositions and written statements to be filed when defendant not sent for trial

181 Notice to witnesses to attend at High Court

182 On committal, documents to be sent to High Court

183 Every party entitled to copy of depositions or summary of facts

184 When deposition or written statement may be read in evidence

185 Witness about to leave New Zealand may be arrested

185A Application

185B Certain hearings to be conducted by Judge

185C Evidence of complainant

185CA Child complainant's evidence may be given by videotape

185D Power of Court to prohibit publication of certain details

185E Other powers of Court preserved

186 Application for order for bond to keep the peace

187 Making of order for bond

188 Making of order for bond where person charged with offence

189 Refusal to enter into bond

190 Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made

191 Estreat of bond

192 Appointment and powers of special constables

193 No action against Justice unless act in excess of jurisdiction or without jurisdiction

194 No action against Justice or Community Magistrate to be brought in District Court

195 Onus of proof

196 Plaintiff may be ordered to give security for costs

196A Indemnity to District Court Judge [Repealed]

197 Indemnity to Justice or Community Magistrate

198 Search warrants

198A Procedure where certain documents seized from solicitors' offices

198B Person with knowledge of computer or computer network to assist access

199 Disposal of things seized

200 Other enactments as to search warrants not affected

200A Interpretation

200B Application for tracking device warrant

200C Issue of tracking device warrant

200D Effect of tracking device warrant

200E Expiry of warrant

200F Renewal of warrant

200G Use of tracking device without warrant

200H Reports

200I Warrant for removal of tracking device

200J Agencies to give information to Parliament

200K Security of applications for tracking device warrants

200L Restriction on production of documents relating to application

200M Application for production of documents

200N Request for production made in course of proceedings

200O Application referred to Judge

200P Judges entitled to inspect relevant documents

201 Amendment of conviction, order, or warrant

202 Who may take affidavit

203 Acts not generally to be done on Sunday

204 Proceedings not to be questioned for want of form

205 Proceedings not invalid because defendant should have been dealt with in Youth Court

206 Contempt of Court

207 Payment and recovery of fees

208 Payment of money to department

209 Act not to apply to Youth Court unless provided

210 Saving of provisions of Customs Act 1913 [Repealed]

211 Rules for proceedings on appeal

212 Rules and regulations

213 Consequential amendments

214 Repeals and savings