Summary Proceedings Act 1957

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adjudged includes ordered

bank

(a)

means—

(i)

a person carrying on in New Zealand the business of banking; and

(ii)

a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982; and

(iii)

a building society within the meaning of the Building Societies Act 1965; but

(b)

does not include the Reserve Bank of New Zealand established under the Reserve Bank of New Zealand Act 1989 (except in relation to an account maintained by that bank for an employee of the bank)

benefit

(a)

means a benefit within the meaning of Part 1 of the Social Security Act 1964; but

(b)

does not include—

(i)

an orphan’s benefit payable under section 28 of the Social Security Act 1964; or

(ii)

an unsupported child’s benefit payable under section 29 of that Act; or

(iii)

a child disability allowance payable under section 39A of that Act; or

(iv)

temporary additional support under section 61G of that Act or a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004; or

(v)

a disability allowance payable under section 69C of that Act

constable has the meaning given in section 4 of the Policing Act 2008

conviction includes an order; and convicted has a corresponding meaning

court means the District Court constituted under the District Court Act 2016

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—

(a)

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

(b)

a Crown organisation, if proceedings are brought against that organisation for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002

informant, in relation to an infringement offence for which an infringement notice has been issued, includes 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—

(a)
[Repealed]

(b)

section 14 of the Litter Act 1979; or

(baa)

section 514 of the Financial Markets Conduct Act 2013; or

(ba)

section 207Z of the Companies Act 1993; or

(c)

section 32A of the Weights and Measures Act 1987; or

(ca)

section 57C of the Gas Act 1992; or

(d)

section 58 of the Civil Aviation Act 1990; or

(da)

section 129 of the Plumbers, Gasfitters, and Drainlayers Act 2006; or

(e)

section 159 or section 159A of the Biosecurity Act 1993; or

(f)

section 66 of the Dog Control Act 1996; or

(fa)

section 165B of the Electricity Act 1992; or

(fb)

section 40D of the Fair Trading Act 1986; or

(g)

section 139 of the Land Transport Act 1998; or

(h)

section 260A of the Fisheries Act 1996; or

(ha)

section 105C of the Credit Contracts and Consumer Finance Act 2003; or

(i)

section 162 of the Animal Welfare Act 1999; or

(j)

section 357 of the Gambling Act 2003; or

(ja)

section 235A of the Employment Relations Act 2000; or

(ja)

section 74 of the Psychoactive Substances Act 2013; or

(jb)

section 138 of the Health and Safety at Work Act 2015; or

(jc)

section 153 of the Fire and Emergency New Zealand Act 2017; or

(k)

any provision of any other Act providing for the use of the infringement notice procedure under section 21

infringement offence means any offence under any Act in respect of which a person may be issued with an infringement notice

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.

(2)

[Repealed]

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

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: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) court nearest to the committing court: repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

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 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

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

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

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 (baa): inserted, on 1 April 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 2(1) infringement notice paragraph (ba): replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

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): replaced, on 17 June 2014, by section 30 of the Fair Trading Amendment Act 2013 (2013 No 143).

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 (ha): inserted, on 6 June 2015, by section 82 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).

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 first paragraph (ja): inserted, on 1 April 2016, by section 39 of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 2(1) infringement notice second paragraph (ja): inserted, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 2(1) infringement notice paragraph (jb): inserted, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) infringement notice paragraph (jc): inserted, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

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

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

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

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

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

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