(1) In this Act, unless the context otherwise requires,—
Adjudged includes ordered
Bank—
Bank: this definition was inserted, as from 1 November 1998, by section 2 Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).
Benefit—
Benefit: this definition was inserted, as from 1 November 1998, by section 2 Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).
Benefit: paragraph (b)(iv) was substituted, as from 1 April 2006, by section 21 Social Security (Working for Families) Amendment Act 2004 (2004 No 51). See sections 23 to 25 of that Act as to the transitional provisions.
committal for trial means committal to the High Court or a District Court under section 184N
constable has the meaning given in section 4 of the Policing Act 2008
Conviction includes an order; and convicted has a corresponding meaning
Court nearest to the committing Court or any similar expression, includes, in relation to a District Court, any such Court presided over by a trial Judge sitting at the same place as the committing Court
Court nearest to the committing Court: this definition was inserted, as from 1 May 1981, by section 3(1) and (2) Summary Proceedings Amendment Act 1980 (1980 No 84).
Defendant means any person charged with an offence; and includes—
(c) In relation to an infringement offence for which an infringement notice has been issued, any person served with a reminder notice in respect of the offence, or any person who gives notice requesting a hearing in respect of the offence, pursuant to section 21 of this Act; and
Defendant: this definition was substituted, as from 1 November 1980, by section 15(1) Transport Amendment Act 1980 (1980 No 96).
Defendant: paragraph (c) of this definition was substituted, as from 1 November 1987, by section 2(1) Summary Proceedings Amendment Act 1987 (1987 No 165).
Defendant: paragraph (c) of this definition was amended, as from 18 October 2002, by section 29(2) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37) by inserting the expression “; and”
.
Defendant: paragraph (d) of this definition was inserted, as from 18 October 2002, by section 29(2) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Indictable offence means any offence for which the defendant may be proceeded against by indictment
Provided that an offence shall not be deemed to be an indictable offence solely because under section 66 of this Act the defendant could elect to be tried by a jury:
Informant means the person by whom an information is laid; and includes—
(c) In relation to an infringement offence for which an infringement notice has been issued, the Department, local body, or other authority in or by which the officer or employee who issued the notice was employed:
Informant: this definition was substituted, as from 1 November 1980, by section 15(1) Transport Amendment Act 1980 (1980 No 96). See section 1(2) of that Act and SR 1981/294.
Informant: paragraph (c) was substituted, as from 1 November 1987, by section 2(1) Summary Proceedings Amendment Act 1987 (1987 No 165).
Informant: paragraph (c) was amended, as from 1 July 1991, by section 21 Weights and Measures Amendment Act 1991 (1991 No 9) by adding the words “or employee”
.
Infringement fee, in relation to an infringement offence, means the amount fixed as the infringement fee for the offence by or under the Act under which the offence is created
Infringement fee: this definition was inserted, as from 1 November 1987, by section 2(3) Summary Proceedings Amendment Act 1987 (1987 No 165).
Infringement notice means a notice issued under—
Infringement notice: this definition was inserted, as from 1 November 1987, by section 2(3) Summary Proceedings Amendment Act 1987 (1987 No 165).
Infringement notice: this definition was amended, as from 1 July 1991, by section 21 Weights and Measures Amendment Act 1991 (1991 No 9) by inserting “or section 32A of the Weights and Measures Act 1987”
.
Infringement notice: this definition was amended, as from 1 September 1993, by section 2 Summary Proceedings Amendment Act 1993 (1993 No 47) by inserting “or section 58 of the Civil Aviation Act 1990 or any provision of any other Act providing for the use of the infringement notice procedure under s 21 of this Act”
.
Infringement notice: this definition was amended, as from 1 October 1993, by section 168(1) Biosecurity Act 1993 (1993 No 95) by inserting “or section 159 of the Biosecurity Act 1993”
.
Infringement notice: this definition was substituted, as from 1 July 1996, by section 79 Dog Control Act 1996 (1996 No 13).
Infringement notice: paragraph (ba) of this definition was inserted, as from 18 June 2007, by section 22(2) Financial Reporting Amendment Act 2006 (2006 No 64). See section 23(3) and (4) of that Act regarding the accounting periods to which amendments apply. See clause 2(1) Financial Reporting Amendment Act 2006 Commencement Order 2007 (SR 2007/110).
Infringement notice: paragraph (e) of this definition was substituted, as from 7 May 1999, by section 6 Biosecurity Amendment Act 1999 (1999 No 29).
Infringement notice: paragraph (f) of this definition was substituted, as from 9 October 2006, by section 4 Summary Proceedings Amendment Act 2006 (2006 No 13).
Infringement notice: paragraph (fa) of this definition was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Infringement notice: a second paragraph (fa) of this definition was inserted, as from 9 September 1999, by section 87(1) Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Infringement notice: a third paragraph (fa) of this definition was inserted, as from 1 January 2000, by section 194 Animal Welfare Act (1999 No 142).
Infringement notice: the three paragraphs (fa) of this definition were repealed, as from 9 October 2006, by section 4 Summary Proceedings Amendment Act 2006 (2006 No 13).
Infringement notice: paragraph (fb) of this definition was inserted, as from 1 July 2004, by section 374 Gambling Act 2003 (2003 No 51). See sections 376 and 377 of that Act for the savings and transitional provisions. See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).
Infringement notice: paragraph (fb) of this definition was repealed, as from 9 October 2006, by section 4 Summary Proceedings Amendment Act 2006 (2006 No 13).
Infringement notice: paragraph (g) of this definition was substituted, as from 9 October 2006, by section 4 Summary Proceedings Amendment Act 2006 (2006 No 13).
Infringement notice: paragraphs (h) to (k) of this definition were inserted, as from 9 October 2006, by section 4 Summary Proceedings Amendment Act 2006 (2006 No 13).
Infringement offence means any offence under any Act in respect of which a person may be issued with an infringement notice
infringement offence: this definition was inserted, as from 1 November 1987, by section 2(3) Summary Proceedings Amendment Act 1987 (1987 No 165).
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Minor traffic offence
[Repealed]
Minor traffic offence: this definition was inserted, as from 1 November 1980, by section 15(2) Transport Amendment Act 1980 (1980 No 96).
Minor traffic offence: this definition was amended, as from 30 April 1986, by section 52 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6) by substituting the words “Part 4 or Part 5 of the Transport Act 1962 or against any regulation or bylaw made under that Act, the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any regulation made under that Act”
for the words “Parts 2 to 5 of the Transport Act 1962 or against any regulation or bylaw made under that Act”
.
Minor traffic offence: this definition was repealed, as from 1 November 1987, by section 2(4) Summary Proceedings Amendment Act 1987 (1987 No 165).
Registrar means the Registrar of a Court; and includes any Deputy Registrar
Representative, in relation to a corporation, means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Act authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before the Court for any other purpose
Sentenced to detention includes sentenced to imprisonment or borstal training or detention in a detention centre; and sentence of detention has a corresponding meaning
Sentenced to detention: this definition was amended by section 2 Summary Proceedings Amendment Act 1973 (1973 No 117) by omitting the words “or corrective training”
.
Summary offence means any offence for which the defendant may not, except pursuant to an election made under section 66 of this Act, be proceeded against by indictment; and, where the enactment creating an offence expressly provides that it may be dealt with either summarily or on indictment, includes such an offence that is dealt with summarily
Trial Judge, in relation to a District Court, means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment.
Trial Judge: this definition was inserted, as from 1 May 1981, by section 3(3) Summary Proceedings Amendment Act 1980 (1980 No 84).