(1) In this Act, unless the context otherwise requires,—
adjudged includes ordered
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
Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002
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; and
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 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
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 notice means a notice issued under—
infringement offence means any offence under any Act in respect of which a person may be issued with an infringement notice
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
Police employee has the same meaning as in section 4 of the Policing Act 2008
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
summary offence means any offence for which the defendant may not, except pursuant to an election made under section 66, 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.
(2) A representative of a corporation need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Act shall be admissible without further proof as prima facie evidence that that person has been so appointed.
Compare: 1936 No 58 s 42(6), (7)
Section 2(1) bank: inserted, on 1 November 1998, by section 2 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).
Section 2(1) benefit: inserted, on 1 November 1998, by section 2 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).
Section 2(1) benefit paragraph (b)(iv): replaced, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).
Section 2(1) committal for trial: inserted, on 1 May 1981, by section 3(1) of the Summary Proceedings Amendment Act 1980 (1980 No 84).
Section 2(1) committal for trial: amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Section 2(1) constable: replaced, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 2(1) court: amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).
Section 2(1) court: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Section 2(1) court nearest to the committing court: inserted, on 1 May 1981, by section 3(2) of the Summary Proceedings Amendment Act 1980 (1980 No 84).
Section 2(1) Crown organisation: inserted, on 18 October 2002, by section 29(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Section 2(1) defendant: replaced, on 1 November 1981, by section 15(1) of the Transport Amendment Act 1980 (1980 No 96).
Section 2(1) defendant paragraph (c): replaced, on 1 November 1987, by section 2(1) of the Summary Proceedings Amendment Act 1987 (1987 No 165).
Section 2(1) defendant paragraph (c): amended, on 18 October 2002, by section 29(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Section 2(1) defendant paragraph (d): inserted, on 18 October 2002, by section 29(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Section 2(1) informant: replaced, on 1 November 1981, by section 15(1) of the Transport Amendment Act 1980 (1980 No 96).
Section 2(1) informant paragraph (c): replaced, on 1 November 1987, by section 2(2) of the Summary Proceedings Amendment Act 1987 (1987 No 165).
Section 2(1) informant paragraph (c): amended, on 1 July 1991, by section 21 of the Weights and Measures Amendment Act 1991 (1991 No 9).
Section 2(1) infringement fee: inserted, on 1 November 1987, by section 2(3) of the Summary Proceedings Amendment Act 1987 (1987 No 165).
Section 2(1) infringement notice: replaced, on 1 July 1996, by section 79 of the Dog Control Act 1996 (1996 No 13).
Section 2(1) infringement notice paragraph (a): repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Section 2(1) infringement notice paragraph (ba): inserted, on 18 June 2007 (applying in respect of accounting periods that commence after that date), by section 22(2) of the Financial Reporting Amendment Act 2006 (2006 No 64).
Section 2(1) infringement notice paragraph (ca): inserted, on 4 May 2010, by section 18 of the Gas Amendment Act 2006 (2006 No 71).
Section 2(1) infringement notice paragraph (da): inserted, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).
Section 2(1) infringement notice paragraph (e): replaced, on 7 May 1999, by section 6 of the Biosecurity Amendment Act 1999 (1999 No 29).
Section 2(1) infringement notice paragraph (f): replaced, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (fa): replaced, on 1 April 2010, by section 43 of the Electricity Amendment Act 2006 (2006 No 70).
Section 2(1) infringement notice paragraph (fb): repealed, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (g): replaced, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (h): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (i): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (j): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement notice paragraph (k): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).
Section 2(1) infringement offence: inserted, on 1 November 1987, by section 2(3) of the Summary Proceedings Amendment Act 1987 (1987 No 165).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) minor traffic offence: repealed, on 1 November 1987, by section 2(4) of the Summary Proceedings Amendment Act 1987 (1987 No 165).
Section 2(1) Police employee: inserted, on 13 February 2012, by section 4 of the Summary Proceedings Amendment Act 2011 (2011 No 32).
Section 2(1) sentenced to detention: amended, on 23 November 1973, by section 2 of the Summary Proceedings Amendment Act 1973 (1973 No 117).
Section 2(1) trial Judge: inserted, on 1 May 1981, by section 3(3) of the Summary Proceedings Amendment Act 1980 (1980 No 84).