Title
1 Short Title and commencement
2 Interpretation
3 Application of certain provisions
of Crimes Act 1961
Part 1
Criminal jurisdiction of District Court
4 Summary criminal jurisdiction of Court
5 Jurisdiction in relation to committal
for 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in respect of fugitive offenders [Repealed]
Part 2
Procedure where defendant proceeded
against
summarily
11 Application of this Part
12 Commencement of proceedings
Information
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
Summons and warrant
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
Service of documents
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
Special provisions
for taking evidence
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
General provisions
as to hearing
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
Adjournments
and bail
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 [Repealed]
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
Procedure at
hearing
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
Costs and witnesses'
expenses
72 Costs [Repealed]
73 Witnesses' expenses
Complaints
74 Provisions of
this Part to apply to complaints
Rehearings
75 District Court Judge or Justice or Registrar or Community Magistrate may grant a rehearing
Miscellaneous
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
Part 3
Enforcement of fines
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
93A Seizure and
disposal of motor vehicles: application of sections 100A to 100Y instead
of sections 94 to 100
94 Seizure and delivery of property
94A Personal property
securities register to be checked [Repealed]
94B Immobilisation
of motor vehicles [Repealed]
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
Seizure,
release, and sale of
motor vehicles
100A Interpretation
100B Purpose of
sections 100C to 100Y
100C Written caution
to person holding interest in motor vehicle
100D Review of
written caution
100E Written caution
of no effect if fine quashed or set aside
100F Seizure of
motor vehicles
100G Seizure of
motor vehicles impounded under Land Transport Act 1998
100H Seizure not
precluded by low value or low interest
100I Seized motor
vehicle to be retained by or for Registrar
100J Immobilisation
of motor vehicles
100K Personal property
securities register to be checked
100L Release of
vehicles if fine and other costs paid or if certain appeals successful
100M Sale of motor
vehicle seized
100N Registrar
must defer sale if storage costs paid
100O Application
of proceeds of sale
100P Remission
of fine and costs of sale in certain cases
100Q Release of
motor vehicle to certain owners
100R Challenge
of seizure by persons treated as substitutes
100S Determination
of claim by owners
100T Lessor under
leasing agreement may apply to Registrar
100U Claims by
creditors
100V Certain payments
required before release to lessor or creditor takes effect
100W Application
of proceeds of sale by creditor
100X Failure by
creditor to sell or account for proceeds
100Y Compensation
to person with interest in motor vehicle sold
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
Part 4
Appeals
Appeals on points
of law only by way of case stated
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
General appeals
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]
Provisions relating
to all appeals
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
Appeal to Court
of Appeal
144 Appeal to Court of Appeal
144A Appeal to Supreme Court
144B Powers of Court of Appeal and
Supreme Court
on appeal
Part 5
Committal proceedings for indictable offences
145 Purpose and overview
146 Interpretation
Commencement
of proceedings under
this Part
147 Proceedings under this Part
Information,
summons, and warrant
148 Application of provisions of Part 2
149 Notice to defendant
150 Issue of summons or warrant
151 Issue of warrant if defendant
does not attend
152 Defect in form or variance between
charge and evidence
152A Power of Registrar
to adjourn [Repealed]
Service
of documents
153 Service of summons on defendant
153A Defendant
may plead guilty before or during preliminary hearing [Repealed]
154 Application of provisions of
Part 2
Adjournments
and bail
155 Power to adjourn
156 Power of Registrar to adjourn
157 Application of section 46
Withdrawal
of information and
stay of proceedings
158 Withdrawal of information by prosecutor
159 Stay of proceedings
Plea
of guilty before committal
160 Defendant may plead guilty before committal
160A Committal
without consideration of evidence [Repealed]
161 Procedure if defendant makes
request under section 160
161A Application
for leave to question undercover police officer's identity to be removed
into High Court [Repealed]
Formal
written statements for
purposes of committal
162 Formal written statements
163 False statement in formal written
statement deemed to be
perjury
Special
provisions for taking
evidence
164 Power to take statement of person dangerously
ill
165 Evidence of statement made by
person dangerously ill
166 Provision for person in custody
to be present at taking of
statement
Preliminary
provisions applicable
to committal
167 Place of committal
168 Obligations of prosecutor to
file formal written statements
within certain period
168A Court to which
defendant to be committed [Repealed]
168AA High Court
Judge to determine Court of trial in certain cases [Repealed]
168AB Notice of
transfer of case to District Court [Repealed]
168B Defendant
to be warned as to law relating to notice of alibi [Repealed]
168C Defendant
to be advised of his right to apply for trial before a Judge without
a jury [Repealed]
169 Standard committal is not hearing
and does not involve prosecutor's
or defendant's presence
170 Defendant's entitlement to
be present during hearings
171 Charge to be read to defendant
in certain circumstances
172 Amendment of information
173 Persons who may give evidence
under assumed name
173A Written statements [Repealed]
174 No comment may be made on defendant
refraining from answering
charge
175 When formal written statement
or record of oral evidence
in other proceedings may be admitted as evidence at committal hearing
or for purposes of standard committal
176 Defendant must disclose evidence
to be provided at committal
hearing
Timing
and procedure at standard
committal
177 Timing and procedure at standard committal
Oral
evidence orders
178 Application for oral evidence order
178A Persons who
may sign statements by assumed name [Repealed]
179 Application for leave to question undercover police officer's
identity must be removed into High Court
180 Determination of application
for oral evidence order
181 Judge may make oral evidence
order of own motion
182 Oral evidence of witness who
resides at distance, is ill,
or is departing New Zealand may be taken at any Court
When
committal hearing must be
held
183 Committal hearing required if oral evidence order
applies
Procedure
at committal hearing
184 Application of provisions of Part 2
184A Procedure
at committal hearing
184B No oral evidence
without order
184C Court may
direct that formal written statements be read aloud
184D Oral evidence
must be recorded in writing
184E Committal
hearing may be completed despite witness's failure to appear or give
evidence
Determination
at committal hearing
184F If evidence
insufficient, defendant must be discharged
184G If evidence
sufficient, defendant must be committed for trial
Powers
of Court if defendant
seeks to provide undisclosed evidence at committal hearing
184H Powers of
Court if defendant seeks to provide evidence at committal hearing
that was not disclosed as required by section 176
Committal
for trial or sentence
184I Advice must
be given to defendant on committal following committal hearing
Procedure
if defendant pleads
guilty
184J Procedure
if defendant pleads guilty
184K If defendant
pleads guilty, no objection may be taken and plea must not be withdrawn
without leave
184L Defendant
committed for sentence must be brought before High Court
Procedure
if defendant does not
plead guilty
184M Procedure
if standard committal occurs or defendant does not plead guilty
184N Court to which
defendant must be committed
184O Court to which
defendant must be committed if related charge must be heard in High
Court
184P Committal
to wrong Court
184Q High Court
Judge must determine trial Court in certain cases
184R Notice of
transfer of case to District Court
184S Defendant
must be advised of right to apply for trial before Judge without jury
Procedure
after committal for
trial or sentence
184T Dealing with
defendant committed for trial or for sentence
184U Evidence of
witness taken after defendant committed for trial
184V Notice to
witnesses to attend at trial Court
184W On committal,
documents, etc, must be sent to trial Court or sentencing Court
184X Every party
entitled to records of oral evidence or summary of facts
184Y When formal
written statement or record of oral evidence may be read in evidence
at trial
185 Witness about to leave New Zealand
may be arrested
Part 5A
Special
provisions relating to standard committal process
and committal hearings in cases of sexual nature
185A Application
185B Certain hearings to be conducted
by Judge
185C Evidence of complainant
185CA Child complainant's
evidence may be given by videotape [Repealed]
185D Child complainant's evidence
may be given by video record
185E Power of Court to prohibit
publication of certain details
185F Other powers
of Court preserved
Part 6
Conservation of the peace
Sureties of the
peace
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
Special constables
192 Appointment
and powers of special constables [Repealed]
Part 7
Protection of Justices and Community
Magistrates
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
Part 8
General provisions
Search
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
Tracking devices
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
Miscellaneous
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
Schedule 1
Indictable offences triable summarily by District Court Judges
Schedule 2
Forms of information
Schedule 2A
Modifications of Part 4 where appeal is
from District Court presided over by Community Magistrate or Community
Magistrates to District Court presided over by District Court Judge
Schedule 3
Enactments amended
Schedule 4
Enactments repealed
Summary Proceedings
Amendment Act (No 2) 2008
Summary Proceedings (Vehicle Seizure) Amendment
Act 2009
Reprint notes