Summary Proceedings Act 1957

Reprint as at 6 June 2015

Coat of Arms of New Zealand

Summary Proceedings Act 1957

Public Act
 
1957 No 87
Date of assent
 
24 October 1957
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title [Repealed]
1Title and commencement
2Interpretation
3Application of certain provisions of Crimes Act 1961 [Repealed]
[Repealed]
4Summary criminal jurisdiction of court [Repealed]
5Jurisdiction in relation to committal for indictable offences [Repealed]
6Summary jurisdiction in respect of indictable offences [Repealed]
7Maximum penalty on summary conviction for indictable offence [Repealed]
8Other jurisdictions and powers not affected [Repealed]
9Jurisdiction of District Court Judges in respect of summary offences [Repealed]
9AJurisdiction of Justices in respect of summary offences [Repealed]
9BJurisdiction of Community Magistrates in respect of summary offences [Repealed]
9CJurisdiction of Community Magistrates to impose sentences in respect of certain summary offences [Repealed]
9DPower to impose penalties provided for in Land Transport Act 1998 [Repealed]
9EAncillary powers under Criminal Justice Act 1985, Sentencing Act 2002, and Land Transport Act 1998, and Criminal Procedure Act 2011 [Repealed]
9FPower of Community Magistrates to decline jurisdiction [Repealed]
9GPower to transfer matter to court presided over by District Court Judge [Repealed]
10Jurisdiction in respect of fugitive offenders [Repealed]
11Application of this Part [Repealed]
12Commencement of proceedings [Repealed]
[Repealed]
13Any person may lay an information [Repealed]
14Time for laying information [Repealed]
15Information to be in prescribed form and upon oath [Repealed]
16Information to be for 1 offence only [Repealed]
17Information to contain sufficient particulars [Repealed]
17ACertain informations to disclose range of penalties [Repealed]
18Information to be filed in nearest court [Repealed]
[Repealed]
19Issue of summons or warrant to arrest defendant [Repealed]
19ASummons following arrest [Repealed]
19BSummons following evidential breath test [Repealed]
20Issue of summons or warrant for attendance of witness [Repealed]
20ASummary procedure for minor offences [Repealed]
21Procedure for infringement offences
21AEvidence of particulars of reminder notice deemed to have been filed in court by electronic means
22To whom warrant to be directed and power of person executing warrant to enter premises [Repealed]
23Withdrawal of warrant [Repealed]
23AService of documents: sections 24 to 29 not to apply to Part 3
24Mode of service of documents on defendant
25Who may serve documents on defendant
26Mode of service of documents on person other than defendant
27Who may serve documents on person other than defendant
28Mode of service in particular cases
29Proof of service
30Translation of documents into Maori language
[Repealed]
31Order for taking evidence of defence witness at a distance [Repealed]
32Order for taking evidence of person about to leave country [Repealed]
33Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence [Repealed]
[Repealed]
34Place of hearing of information [Repealed]
35Power to clear court and forbid report of proceedings [Repealed]
36Withdrawal of information by informant [Repealed]
37Who may conduct proceedings [Repealed]
38Court may issue warrant for appearance of witness [Repealed]
39Witness refusing to give evidence may be imprisoned [Repealed]
40Witnesses at the hearing [Repealed]
41Right to plead guilty by notice to Registrar [Repealed]
41ARegistrar may receive not guilty pleas [Repealed]
42Plea of guilty may be withdrawn by leave of court [Repealed]
43Amendment of information where defendant appears [Repealed]
43AAmendment of information to correct particulars of defendant [Repealed]
44Power of court to decline summary jurisdiction [Repealed]
44APower of court to decline summary jurisdiction in case of certain summary offences [Repealed]
[Repealed]
45Power to adjourn [Repealed]
45APower of Registrar to adjourn [Repealed]
46Dealing with defendant on adjournment [Repealed]
46ARegistrar may prohibit publication of names [Repealed]
46ABApplication of section 45 during epidemic [Repealed]
46ACApplication of section 46 during epidemic [Repealed]
47Warrant for detention of defendant remanded in custody [Repealed]
48Defendant, if bailable as of right, to be brought before court on request [Repealed]
49Conditions of bail [Repealed]
49AVariation of conditions of bail [Repealed]
50Release of defendant granted bail [Repealed]
50AVariation of conditions of bail [Repealed]
51Defendant may be admitted to bail by constable in certain cases [Repealed]
52Mode of taking bail bond by constable [Repealed]
53Defendant on bail may be arrested without warrant in certain circumstances [Repealed]
54Failure to answer bail [Repealed]
55Arrest of defendant who does not attend hearing [Repealed]
56Effect on bond of attendance or non-attendance of person bailed by constable [Repealed]
57Certification of non-performance of condition of bail bond [Repealed]
58Estreat of bail bond [Repealed]
59Defendant in custody may be brought up before expiry of period of adjournment [Repealed]
[Repealed]
60Evidence to be given on oath [Repealed]
61Powers of court when defendant does not appear [Repealed]
61APowers of Registrar to adjourn hearing or issue warrant to arrest defendant [Repealed]
62Powers of court when informant does not appear [Repealed]
63Powers of court when neither party appears [Repealed]
64Dismissal for want of prosecution not to operate as bar to other proceedings [Repealed]
65Court to proceed when both parties appear [Repealed]
66Defendant’s right to elect trial by jury where offence punishable by more than 3 months’ imprisonment [Repealed]
66ARegistrar may receive elections [Repealed]
67Conduct of hearing [Repealed]
67AIdentification evidence [Repealed]
68Decision of court [Repealed]
69Procedure where defendant liable to greater penalty because of previous convictions [Repealed]
69AAFurther provisions relating to previous convictions [Repealed]
69AProof of previous convictions [Repealed]
70Order for restitution of stolen property or payment of its value [Repealed]
71Criminal Records [Repealed]
[Repealed]
72Costs [Repealed]
73Witnesses’ expenses [Repealed]
[Repealed]
74Provisions of this Part to apply to complaints [Repealed]
[Repealed]
75District Court Judge or Justice or Registrar or Community Magistrate may grant a rehearing [Repealed]
[Repealed]
76Proceedings against parties to offences [Repealed]
77Power of the court to amend defective sentences [Repealed]
77AStay of proceedings [Repealed]
78Court may state case for opinion of High Court [Repealed]
78AConviction not to be recorded for infringement offences [Repealed]
78BPower to correct irregularities in proceedings for infringement offences
78CCertain defendants ineligible to rely on non-receipt of reminder notice
[Repealed]
79Interpretation
79AService of documents under this Part
79BService provisions modified in special cases
79CManner of notification not requiring particular document
79DProof of service or notification
80Fines generally payable within 28 days
81Time to pay or payment by instalments
82Financial capacity of defendant
83Order for immediate payment of fine
84Notice of fine
85Final notice of fine [Repealed]
86Registrar may arrange extension of time to pay
86ARegistrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
86BDeterminations affecting attachment orders
86CBailiff may arrange extension of time to pay
86DBailiff may vary, suspend, or cancel arrangement for extension of time to pay fine
86EPriority of payments received from defendant
86FManner in which amounts of reparation must be applied in cases involving same offence
86GManner in which amounts of reparation must be applied in cases involving different offences
86HNo Crown liability for error, etc, in applying payments of amounts of reparation
87Action if fine or instalment not paid or if arrangement or attachment order cancelled
87AAPower to obtain information in respect of beneficiaries
87APublication of name of fine defaulter
87BDeduction of fines
87CRevocation of deduction notices
87DFine to be treated as being paid
87EDeduction notices issued on banks
87FMeaning of certain terms relating to banks
87GOffences in relation to deduction notices
87HVariation or discharge of deduction notices
87IPenalty for late deductions
87JGiving of notices [Repealed]
88Actions if fine remains unpaid
88AAForm and execution of warrant for arrest
88ABProvisions for defendant arrested under warrant for arrest issued for purpose of section 88(2)(a)
88ACProvisions for defendant arrested under warrant for arrest issued for purpose of section 88(3)
88ADPowers of Registrar in relation to defendant brought before Registrar
88AEPowers of District Court Judge or Community Magistrate after considering report of Registrar under section 88(2)(b) or 88AD(2)(c)
88AFFurther provisions relating to powers of District Court Judge or Community Magistrate in section 88AE
88AGPower of District Court Judge or Community Magistrate to order return of defendant
88ACivil enforcement of fines
88BRemission of fine
89Rights of representation and appeal
90Scale of imprisonment for non-payment of fine
91Defendant on substituted sentence to be discharged on payment of fine
92Effect of warrant of commitment
92AInterpretation
92BPurpose of disclosure and use of information
92CAccess codes
92DRecognised user may submit fine status query
92EFine status response by chief executive
92FDisclosure and use of fine status response restricted
92GQuery subject to be notified of proposed combination of information
92HMonitoring and audits by chief executive
92IRegulations
93Written caution to person holding interest in motor vehicle
93ASeizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100
94Review of written caution
94APersonal property securities register to be checked [Repealed]
94BImmobilisation of motor vehicles [Repealed]
95Written caution of no effect if fine quashed or set aside
96Challenge of seizure by persons treated as substitutes
97Purposes of sections 98 to 100T
98Warrant to seize property
99Seizure of property
100Seizure of motor vehicles impounded under Land Transport Act 1998
[Repealed]
100ASeizure of motor vehicle not precluded by low value or low interest
100BSeized property to be retained by or for Registrar
100CImmobilisation of motor vehicles
100DPersonal property securities register to be checked
100ERelease of property if fine and other costs paid or if certain appeals successful
100FRelease of property to certain owners
100GDetermination of claim by owners
100HLessor may apply to Registrar
100IWhat happens if lessor does not apply to Registrar before property sold or disposed of
100JClaims by secured parties
100KCertification of default balance
100LSale of secured property by secured party or by court
100MCertain payments required before release to lessor or secured party takes effect
100NApplication of proceeds of sale by secured party
100OFailure by secured party to sell or account for proceeds
100PSale or disposal of property seized
100QRegistrar must defer sale if storage costs paid
100RApplication of proceeds of sale
100SRemission of fine and costs of sale in certain cases involving motor vehicles
100TCompensation to person with interest in property sold
100UClaims by creditors [Repealed]
100VCertain payments required before release to lessor or creditor takes effect [Repealed]
100WApplication of proceeds of sale by creditor [Repealed]
100XFailure by creditor to sell or account for proceeds [Repealed]
100YCompensation to person with interest in motor vehicle sold [Repealed]
101Offence to interfere with or rescue property seized
102Protection of Registrar, bailiff, etc
102AResisting or obstructing bailiffs
102BProceedings against bailiffs acting under warrants
103Effect of attachment order
104Attachment order to be served on employer
104APower to obtain information in respect of employers
105Content of attachment orders
106Liability of employer
106AWrongful treatment of employee
106BExtent to which attachment orders bind the Crown
106CStatement of salary or wages paid
106DTransfer of enforcement to another District Court
106ERestrictions on substituted sentences
106EADefendant may be arrested for assessment of financial capacity
106FReview of Registrar’s decision
106GActions under warrant to seize pending appeal
106HApplication of Criminal Procedure Act 2011
[Repealed]
[Repealed]
107Appeal on question of law only by way of case stated [Repealed]
108No appeal on ground of improper admission or rejection of evidence [Repealed]
109District Court Judge or Justice may refuse a case if he thinks appeal frivolous [Repealed]
110Certiorari not to be required when appeal upon case stated [Repealed]
111Case may be sent back for amendment [Repealed]
112High Court to determine the questions on the case [Repealed]
113Appeal on point of law may be removed into Court of Appeal [Repealed]
114Defendant appealing by way of case stated not allowed to appeal otherwise [Repealed]
114AAppeals from decisions of Community Magistrates [Repealed]
114BAppeal to High Court on question of law [Repealed]
[Repealed]
115Defendant’s general right of appeal to High Court [Repealed]
115AInformant’s right of appeal against sentence [Repealed]
115BRight of appeal against sentence for contempt of court [Repealed]
115CRight of appeal against decisions relating to publication of reports of proceedings or identifying particulars [Repealed]
115DRights of appeal against decisions relating to bail [Repealed]
115DARight of appeal against order for costs [Repealed]
115DBRights of appeal subject to Crimes Act 1961 [Repealed]
115EProcedural provisions applying to appeals under section 115D [Repealed]
116Notice of appeal [Repealed]
117Transmission of notice of appeal to High Court [Repealed]
118Setting down appeal for hearing [Repealed]
119Procedure on appeal [Repealed]
120Defects in notice of appeal [Repealed]
121High Court to hear and determine appeal
122Power to clear court and forbid report of proceedings [Repealed]
[Repealed]
123Powers of Judge of High Court as to extension of time [Repealed]
124Provisions as to issue of warrant pending appeal [Repealed]
125Granting of bail to appellant who is in custody [Repealed]
126Arrest of appellant who has absconded or is about to abscond while on bail [Repealed]
127Custody of appellant pending appeal [Repealed]
128Surrender of appellant released on bail and discharge of surety [Repealed]
129Abandonment of appeal [Repealed]
130Presentation of case by party in custody [Repealed]
131Power of High Court to direct rehearing of information or complaint [Repealed]
132Amendment of conviction by substituting one offence for another [Repealed]
133Dismissal of appeal for non-prosecution [Repealed]
134Registrar to certify decision on appeal
135Execution of decision of High Court [Repealed]
136Custody of person after determination of appeal [Repealed]
137Resumption of sentence or order on determination of appeal [Repealed]
137AProvisions on determination of appeal where defendant sentenced to periodic detention [Repealed]
137BProvisions on determination of appeal where defendant sentenced to community service [Repealed]
137CProvisions on determination of appeal where defendant sentenced to community care [Repealed]
137DProvisions on determination of appeal where non-association order made in respect of defendant [Repealed]
138Revesting and restitution of property on conviction [Repealed]
139Estreat of bail bond where determination appealed against [Repealed]
140Orders as to costs [Repealed]
141Party giving notice of appeal and not prosecuting same may be ordered to pay costs [Repealed]
142Enforcement of order as to costs [Repealed]
143No court fees payable on appeal by person sentenced to detention [Repealed]
[Repealed]
144Appeal to Court of Appeal [Repealed]
144AAppeal to Supreme Court [Repealed]
144BPowers of Court of Appeal and Supreme Court on appeal [Repealed]
[Repealed]
145Purpose and overview [Repealed]
146Interpretation [Repealed]
[Repealed]
147Proceedings under this Part [Repealed]
[Repealed]
148Application of provisions of Part 2 [Repealed]
149Notice to defendant [Repealed]
150Issue of summons or warrant [Repealed]
151Issue of warrant if defendant does not attend [Repealed]
152Defect in form or variance between charge and evidence [Repealed]
152APower of Registrar to adjourn [Repealed]
[Repealed]
153Service of summons on defendant [Repealed]
153ADefendant may plead guilty before or during preliminary hearing [Repealed]
154Application of provisions of Part 2 [Repealed]
[Repealed]
155Power to adjourn [Repealed]
156Power of Registrar to adjourn [Repealed]
157Application of section 46 [Repealed]
[Repealed]
158Withdrawal of information by prosecutor [Repealed]
159Stay of proceedings [Repealed]
[Repealed]
160Defendant may plead guilty before committal [Repealed]
160ACommittal without consideration of evidence [Repealed]
161Procedure if defendant makes request under section 160 [Repealed]
161AApplication for leave to question undercover Police officer’s identity to be removed into High Court [Repealed]
[Repealed]
162Formal written statements [Repealed]
163False statement in formal written statement deemed to be perjury [Repealed]
[Repealed]
164Power to take statement of person dangerously ill [Repealed]
165Evidence of statement made by person dangerously ill [Repealed]
166Provision for person in custody to be present at taking of statement [Repealed]
[Repealed]
167Place of committal [Repealed]
168Obligations of prosecutor to file formal written statements within certain period [Repealed]
168ACourt to which defendant to be committed [Repealed]
168AAHigh Court Judge to determine court of trial in certain cases [Repealed]
168ABNotice of transfer of case to District Court [Repealed]
168BDefendant to be warned as to law relating to notice of alibi [Repealed]
168CDefendant to be advised of his right to apply for trial before a Judge without a jury [Repealed]
169Standard committal is not hearing and does not involve prosecutor’s or defendant’s presence [Repealed]
170Defendant’s entitlement to be present during hearings [Repealed]
171Charge to be read to defendant in certain circumstances [Repealed]
172Amendment of information [Repealed]
173Persons who may give evidence under assumed name [Repealed]
173AWritten statements [Repealed]
174No comment may be made on defendant refraining from answering charge [Repealed]
175When 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 [Repealed]
176Defendant must disclose evidence to be provided at committal hearing [Repealed]
[Repealed]
177Timing and procedure at standard committal [Repealed]
[Repealed]
178Application for oral evidence order [Repealed]
179Application for leave to question undercover Police officer’s identity must be removed into High Court [Repealed]
180Determination of application for oral evidence order [Repealed]
181Judge may make oral evidence order of own motion [Repealed]
182Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any court [Repealed]
[Repealed]
183Committal hearing required if oral evidence order applies [Repealed]
[Repealed]
184Application of provisions of Part 2 [Repealed]
184AProcedure at committal hearing [Repealed]
184BNo oral evidence without order [Repealed]
184CCourt may direct that formal written statements be read aloud
184DOral evidence must be recorded in writing [Repealed]
184ECommittal hearing may be completed despite witness’s failure to appear or give evidence [Repealed]
[Repealed]
184FIf evidence insufficient, defendant must be discharged [Repealed]
184GIf evidence sufficient, defendant must be committed for trial [Repealed]
[Repealed]
184HPowers of court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176 [Repealed]
[Repealed]
184IAdvice must be given to defendant on committal following committal hearing [Repealed]
[Repealed]
184JProcedure if defendant pleads guilty [Repealed]
184KIf defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave [Repealed]
184LDefendant committed for sentence must be brought before High Court [Repealed]
[Repealed]
184MProcedure if standard committal occurs or defendant does not plead guilty [Repealed]
184NCourt to which defendant must be committed [Repealed]
184OCourt to which defendant must be committed if related charge must be heard in High Court [Repealed]
184PCommittal to wrong court [Repealed]
184QHigh Court Judge must determine trial court in certain cases [Repealed]
184RNotice of transfer of case to District Court [Repealed]
184SDefendant must be advised of right to apply for trial before Judge without jury [Repealed]
[Repealed]
184TDealing with defendant committed for trial or for sentence [Repealed]
184UEvidence of witness taken after defendant committed for trial [Repealed]
184VNotice to witnesses to attend at trial court [Repealed]
184WOn committal, documents, etc, must be sent to trial court or sentencing court [Repealed]
184XEvery party entitled to records of oral evidence or summary of facts [Repealed]
184YWhen formal written statement or record of oral evidence may be read in evidence at trial [Repealed]
185Witness about to leave New Zealand may be arrested [Repealed]
[Repealed]
185AApplication [Repealed]
185BCertain hearings to be conducted by Judge [Repealed]
185CEvidence of complainant [Repealed]
185CAChild complainant’s evidence may be given by videotape [Repealed]
185DChild complainant’s evidence may be given by video record [Repealed]
185EPower of court to prohibit publication of certain details [Repealed]
185FOther powers of court preserved [Repealed]
[Repealed]
[Repealed]
186Application for order for bond to keep the peace [Repealed]
187Making of order for bond [Repealed]
188Making of order for bond where person charged with offence [Repealed]
189Refusal to enter into bond [Repealed]
190Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made [Repealed]
191Estreat of bond [Repealed]
[Repealed]
192Appointment and powers of special constables [Repealed]
[Repealed]
193No action against Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction [Repealed]
194No action against Justice, or Community Magistrate to be brought in District Court [Repealed]
195Onus of proof [Repealed]
196Plaintiff may be ordered to give security for costs [Repealed]
196AIndemnity to District Court Judge [Repealed]
197Indemnity to Justice or Community Magistrate [Repealed]
[Repealed]
198Search warrants [Repealed]
198AProcedure where certain documents seized from solicitors’ offices [Repealed]
198BPerson with knowledge of computer or computer network to assist access [Repealed]
199Disposal of things seized [Repealed]
200Other enactments as to search warrants not affected [Repealed]
[Repealed]
200AInterpretation [Repealed]
200BApplication for tracking device warrant [Repealed]
200CIssue of tracking device warrant [Repealed]
200DEffect of tracking device warrant [Repealed]
200EExpiry of warrant [Repealed]
200FRenewal of warrant [Repealed]
200GUse of tracking device without warrant [Repealed]
200HReports [Repealed]
200IWarrant for removal of tracking device [Repealed]
200JAgencies to give information to Parliament [Repealed]
200KSecurity of applications for tracking device warrants [Repealed]
200LRestriction on production of documents relating to application [Repealed]
200MApplication for production of documents [Repealed]
200NRequest for production made in course of proceedings [Repealed]
200OApplication referred to Judge [Repealed]
200PJudges entitled to inspect relevant documents [Repealed]
201Amendment of conviction, order, or warrant [Repealed]
202Who may take affidavit [Repealed]
203AACriminal records
203Acts not generally to be done on Sunday [Repealed]
204Proceedings not to be questioned for want of form
205Proceedings not invalid because defendant should have been dealt with in Youth Court [Repealed]
206Contempt of court [Repealed]
207Payment and recovery of fees
208Payment of money to department
209Act not to apply to Youth Court unless provided [Repealed]
209AChief executive of Ministry of Justice may approve forms
210Saving of provisions of Customs Act 1913 [Repealed]
211Rules for proceedings on appeal [Repealed]
212Rules and regulations
213Consequential amendments [Repealed]
214Repeals and savings [Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Reprint notes
Title [Repealed]

Title: repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).