The summary criminal jurisdiction of a District Court must be exercised in accordance with this Act—

• (a) by a District Court Judge; or

• (b) by 1 or more Justices; or

• (c) by 1 or more Community Magistrates.

(1) A court presided over by a District Court Judge or by 2 or more Justices or by 1 or more Community Magistrates has jurisdiction to conduct the committal proceedings (including a standard committal, a committal hearing (if required), and proceedings under section 158, 180, or 181) for an indictable offence.

(2) Unless the proceedings are in the Youth Court, a court presided over by a District Court Registrar has jurisdiction to conduct a standard committal for an indictable offence.

(3) Subsections (1) and (2) are subject to section 185B.

(1) A court presided over by a District Court Judge shall have summary jurisdiction in respect of the indictable offences described in the enactments specified in Schedule 1, and proceedings in respect of any such offence may accordingly be taken in a summary way in accordance with this Act.

(2) A court presided over by a District Court Judge shall have summary jurisdiction in respect of the following indictable offences, and proceedings in respect of any such offence may accordingly be taken in a summary way in accordance with this Act, namely—

• (a) conspiring to commit any indictable offence to which subsection (1) applies (being a conspiracy to which section 310 of the Crimes Act 1961 applies):

• (aa) conspiring to commit any summary offence (being a conspiracy to which section 310 of the Crimes Act 1961 applies):

• (b) attempting to commit any indictable offence to which subsection (1) applies, or inciting, counselling, or attempting to procure any person to commit any such offence which is not committed (being any case to which section 311 of the Crimes Act 1961 applies):

• (bb) attempting to commit any summary offence, or inciting, counselling, or attempting to procure the commission of a summary offence which is not committed (being any case to which section 311 of the Crimes Act 1961 applies):

• (c) being accessory after the fact to any indictable offence to which subsection (1) applies (being any case to which section 312 of the Crimes Act 1961 applies).

(3) Despite this section, a court does not have summary jurisdiction in respect of a stage-3 offence (within the meaning of section 86A of the Sentencing Act 2002).

(1) Subject to subsection (2), where any person is summarily convicted of an offence mentioned in section 6, the court may sentence that person—

• (a) to imprisonment for a term not exceeding 5 years; or

• (b) to a fine not exceeding,—

  • (i) the maximum amount prescribed by law; or

  • (ii) if no maximum amount is so prescribed, $10,000,—

or to both.

(2) No person shall be sentenced pursuant to subsection (1) in respect of an indictable offence—

• (a) to a term of imprisonment exceeding the maximum term of imprisonment that could have been imposed if the person had been convicted of the same offence on indictment; or

• (b) to pay a fine exceeding in amount the maximum fine that could have been imposed if the person had been convicted of the same offence on indictment; or

• (c) to a term of imprisonment if on conviction of the same offence on indictment the person could not have been sentenced to imprisonment.

(1) Nothing in this Part shall limit in any way—

• (a) the right to proceed against any person under Part 5 of this Act or under subsection (3) of section 345 of the Crimes Act 1961:

• (b) the jurisdiction and powers of any District Court under Part 5 where any charge is made against any person under that Part:

• (c) the jurisdiction and powers of the High Court or a District Court in relation to any indictable offence or in relation to any offence in respect of which the accused elects to be tried by a jury or in relation to an offence that a District Court declines to deal with summarily under Part 2:

• (d) the jurisdiction and powers of any District Court in respect of any indictable offence for which the offender may be tried in a summary way independently of this Part:

• (e) the jurisdiction and powers of any Youth Court established under section 433 of the Children, Young Persons, and Their Families Act 1989:

provided that no person shall be liable to be punished twice for the same offence.

(2) Where any person—

• (a) is acquitted or convicted on a prosecution under section 6, and is subsequently prosecuted under any other enactment in respect of the same matter; or

• (b) is acquitted or convicted on a prosecution under any other enactment and is subsequently prosecuted under section 6 in respect of the same matter,—

the plea of previous acquittal or, as the case may be, previous conviction, shall be available to that person to the same extent and in the same manner as if both prosecutions were under the Crimes Act 1961, and the provisions of sections 357 to 359 of that Act shall, with the necessary modifications, apply accordingly.

(1) A court presided over by a District Court Judge has jurisdiction in respect of every summary offence.

(2) A court presided over by a District Court Judge has summary jurisdiction in respect of every offence that by any Act is punishable by a fine, penalty, or forfeiture if no other form of procedure is prescribed by that Act for the recovery of the same.

(1) A court presided over by 2 or more Justices has jurisdiction in respect of a summary offence in the following cases, and in no other case, namely:

• (a) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by a Justice or Justices:

• (b) in any case where by any enactment jurisdiction is expressly given to a Justice or Justices:

• (c) in any case where the offence is an infringement offence.

(2) A court presided over by 1 Justice has jurisdiction in respect of a summary offence in the following cases, and in no other case, namely:

• (a) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by 1 Justice; or

• (b) in any case where by any enactment jurisdiction is expressly given to 1 Justice.

(1) A court presided over by 1 Community Magistrate has jurisdiction in respect of a summary offence in the following cases, and (except as provided in section 9C) in no other case, namely:

• (a) in any case where, under section 9A(1), a court presided over by 2 or more Justices has jurisdiction in respect of the summary offence:

• (b) in any case where, under section 9A(2), a court presided over by any 1 Justice has jurisdiction in respect of the summary offence:

• (c) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by 1 Community Magistrate or by 1 or more Community Magistrates:

• (d) in any case where by any enactment jurisdiction is expressly given to 1 Community Magistrate or 1 or more Community Magistrates.

(2) A court presided over by 2 or more Community Magistrates has the same jurisdiction in respect of a summary offence as a court presided over by 1 Community Magistrate.

(3) Nothing in subsection (1) or subsection (2) confers on a court presided over by 1 Community Magistrate or by 2 or more Community Magistrates jurisdiction in respect of any summary offence that is a continuing offence.

(1) This section applies to any summary offence (not being a continuing offence) in respect of which—

• (a) the maximum term of imprisonment (if any) that can be imposed does not exceed 3 months; and

• (b) the maximum fine that can be imposed does not exceed $7,500.

(2) If a person who is charged with an offence to which this section applies is found guilty of that offence by a court presided over by a District Court Judge or pleads guilty to that offence, a court presided over by 1 or more Community Magistrates may, in accordance with the Sentencing Act 2002, do 1 or more of the following acts:

• (a) discharge the offender without conviction under section 106 of that Act and, if the court thinks fit, make an order under subsection (3) of that section:

• (b) discharge the offender under section 108 of that Act and, if the court thinks fit, make an order under subsection (2) of that section:

• (c) make, under section 110 of that Act, an order requiring the offender to appear for sentence if called upon to do so within a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order:

• (d) on making an order under section 110(1) of that Act, also make an order under section 110(3) of that Act:

• (e) impose, under section 32 of that Act, a sentence of reparation on the offender:

• (f) subject to sections 39(4) and 40(3) of that Act, sentence the offender to pay a fine:

• (g) make, under section 112 of that Act, a non-association order in respect of the offender:

• (h) impose, under section 55 of that Act, a sentence of community work on the offender:

• (i) impose, under section 45 of that Act, a sentence of supervision on the offender:

• (ia) impose under section 54B of that Act, a sentence of intensive supervision on the offender:

• (ib) impose under section 69B of that Act a sentence of community detention on the offender:

• (j) make, under section 124 of that Act, an order that disqualifies the offender from holding or obtaining a driver licence:

• (k) make, under section 128 or section 129 of that Act, a confiscation order in respect of a motor vehicle:

• (l) make, under section 131(2)(a) of that Act, an order that prohibits the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order:

• (m) make, under section 131(3)(a) of that Act, an order that sets aside the disposition by the offender of a motor vehicle or of an interest in a motor vehicle.

(3) No court presided over by 1 or more Community Magistrates may impose on any person for any offence a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002).

(1) Where a person who is charged with any summary offence to which section 9C applies is found guilty of that offence by a court presided over by a District Court Judge or pleads guilty to that offence, a court presided over by 1 or more Community Magistrates—

• (a) may, if that offence is an offence to which section 80 of the Land Transport Act 1998 applies, make, under that section, an order disqualifying the person from holding or obtaining a driver licence for such period as the court thinks fit, whether or not the court imposes any other penalty for the offence:

• (b) must, if that offence is a first or second offence to which section 32 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 32 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:

• (c) must, if that offence is an offence to which section 35 or section 38 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 35 or section 38 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:

• (d) must, if that offence is a first or second offence to which section 56 or section 58 or section 60 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 56 or section 58 or section 60 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:

• (e) must, if that offence is an offence to which section 57 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 57 of that Act disqualifying the person from holding or obtaining a driver licence for 3 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:

• (f) may, if that offence is an offence to which section 59 of the Land Transport Act 1998 applies, make an order under that section disqualifying the person from holding or obtaining a driver licence for such period as the court thinks fit, whether or not the court imposes any other penalty for the offence:

• (g) must, if the offence is one to which section 65 of the Land Transport Act 1998 applies, make, subject to subsection (3) of that section, an order under that section requiring the person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Director makes an order under section 100 of that Act removing that disqualification:

• (h) must, if the offence is one to which section 63 of the Land Transport Act 1998 applies, make, in addition to any other penalty the court may impose, and notwithstanding section 94 of that Act, an order under section 63 of that Act disqualifying the person from driving any vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not exceeding 10 years as the court thinks fit.

(2) Nothing in this section restricts section 9C or any other duty or power of a court presided over by 1 or more Community Magistrates—

• (a) to disqualify any person from holding or obtaining a driver licence; or

• (b) to impose any other penalty.

A court presided over by 1 or more Community Magistrates has, in exercising any power conferred on it by section 9C or section 9D,—

• (a) power to make orders of any kind provided under section 197 or 205 of the Criminal Procedure Act 2011, subject to section 198 of that Act:

• (b) power to make orders of any kind provided under section 200 or 202 of the Criminal Procedure Act 2011:

• (c) all the powers and processes that a court has under the Criminal Justice Act 1985, the Sentencing Act 2002, or the Land Transport Act 1998 for the purpose of perfecting, or giving full effect to, any sentence imposed or order made under any of the provisions of those Acts referred to in section 9C or section 9D.

(1) A court presided over by 1 or more Community Magistrates may decline jurisdiction in respect of a summary offence and may refer the case to a court presided over by a District Court Judge.

(2) Where, under subsection (1), a court declines jurisdiction in respect of a summary offence, that court must forthwith adjourn the hearing of the charge to a time and place then appointed.

(2A) A court to which a matter is referred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before that court in the first instance.

(3) Sections 45 to 49, so far as applicable and with the necessary modifications, apply to any adjournment under subsection (2).

(1) A District Court Judge may, in any case in which the District Court Judge considers it appropriate, order that any matter before a court presided over by 1 or more Community Magistrates be transferred to a court presided over by a District Court Judge.

(2) A court to which a matter is transferred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before that court in the first instance.

This Part shall apply to all proceedings where the defendant is proceeded against summarily.

(1) Except where the defendant has been arrested without warrant, all proceedings brought under this Part shall, subject to sections 20A and 21, be commenced by the laying of an information or the making of a complaint.

(2) Where a defendant has been arrested on any charge and no information has been laid, particulars of the charge against him shall be set out in a charge sheet.

(3) The provisions of this Act shall apply with respect to every entry in a charge sheet as if that entry were an information.

Except where it is expressly otherwise provided by any Act, any person may lay an information for an offence.

Except where some other period of limitation is provided by the Act creating the offence or by any other Act, every information for an offence (other than an offence which may be dealt with summarily under section 6) shall be laid within 6 months from the time when the matter of the information arose.

(1) Every information to which this Part applies shall be in form 1 of Schedule 2, and shall be substantiated on oath before a District Court Judge or Justice or before a Registrar (not being a constable).

(2) Without limiting any other provision of this Act or any other enactment, no information shall be invalid by reason only that it does not contain the date of birth of the defendant or does not correctly describe the defendant's date of birth, and no amendment shall be required to remedy that omission or error before the hearing of the information.

(1) Except where it is otherwise provided by any Act, every information shall be for 1 offence only:

provided that an information may charge in the alternative several different matters, acts, or omissions if these are stated in the alternative in the enactment under which the charge is brought.

(2) The defendant may, at any time during the hearing of any information which is framed in the alternative, apply to the court to amend the information on the grounds that it is so framed as to embarrass him in his defence.

(3) The court may, if satisfied that the defendant will be so embarrassed in his defence, direct the informant to elect between the alternatives charged in the information, and the information shall thereupon be amended accordingly, and the hearing shall proceed as if the information had been originally framed in the amended form.

(4) Where on any such alternative information the defendant is convicted, the court may, and shall if so requested by the defendant, limit the conviction to one of the alternatives charged.

Every information shall contain such particulars as will fairly inform the defendant of the substance of the offence with which he is charged.

(1) If a defendant is charged with an offence to which this section applies, the information must disclose the range of penalties available on conviction for that offence.

(2) This section applies to offences that carry—

• (a) a maximum penalty on first conviction of more than 3 months' imprisonment; and

• (b) a higher maximum penalty on conviction for that offence if the defendant has a specified number of previous convictions for that or any other specified offence.

(3) An information may not be dismissed solely on the grounds that it does not comply with subsection (1).

(4) If an information that is required by subsection (1) to disclose the range of penalties available on conviction for that offence does not do so,—

• (a) the information may be amended before or during the hearing, in accordance with this Act; and

• (b) if the information is not amended, and the defendant is convicted, then the maximum penalty for which the defendant is liable is the penalty to which he or she would be liable if he or she did not have previous convictions for the same or any other specified offence.

(5) This section does not limit or affect—

• (a) the right of the court, when sentencing the defendant, to take previous convictions into account; or

• (b) section 341 of the Crimes Act 1961.

(1) As soon as practicable after an information is laid, it shall be filed by the informant in the office of the court appointed for the exercise of criminal jurisdiction which is nearest by the most practicable route to the place where the offence was alleged to have been committed or where the informant believes that the defendant may be found:

provided that, if all the parties to the proceedings agree, the information may be filed in the office of another court:

provided also that failure to comply with the provisions of this section shall not be deemed to invalidate any proceedings.

(2) Notwithstanding anything in subsection (1), where 2 or more informations to which this Part applies are laid against the same defendant, it shall be a sufficient compliance with the provisions of this section if the informations are filed in an office of the court in which any one of the informations could be filed or has already been filed.

(3) Nothing in this section shall apply in any case where there is a statutory provision to the contrary.

(1) When an information has been laid,—

• (a) any District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) may issue a summons to the defendant, in the prescribed form:

• (b) a warrant, in the prescribed form, to arrest the defendant and bring him before a court may be issued by any Justice or any Community Magistrate or any Registrar (not being a constable), whether or not a summons has been issued or served, if the defendant is liable on conviction to a sentence of imprisonment, and if—

  • (i) in the opinion of the Justice or Community Magistrate or Registrar a warrant is necessary to compel the attendance of the defendant; or

  • (ii) having regard to the gravity of the alleged offence and the circumstances of the case, the Justice or Community Magistrate or Registrar is of opinion that a warrant should be issued:

• (c) in any case, a District Court Judge may, if he thinks fit, and whether or not a summons has been issued or served, issue a warrant, in the prescribed form, to arrest the defendant and bring him before a court.

(2) Where service of a summons to a defendant is to be effected in accordance with paragraph (c) of subsection (1) of section 24 the day on which the defendant is summoned to appear shall not be less than 21 days after the day on which the registered letter is posted.

(1) Where any person, who has been arrested without warrant and who is charged with a summary offence or an indictable offence that may be dealt with summarily, cannot practicably be brought immediately before a court, any constable may, if he deems it prudent to do so, release the defendant without bail to appear on summons to answer the charge.

(2) Every constable who releases a defendant under this section shall, at the time of the release of the defendant, sign and serve on the defendant a summons in a form prescribed for the purposes of this section. Every such summons shall require the defendant to appear on a day not later than 2 months after the date thereof at the court where the information required by subsection (3) is to be filed.

(3) An information under this Part in respect of the offence with which the defendant is charged shall be laid and filed by a constable as soon as practicable after the release of the defendant, and in any event not later than 7 days after the day on which the defendant is released.

(4) It shall be the duty of every constable who releases a defendant under this section to ensure that the information required by subsection (3) is laid and filed.

(5) A copy of the summons served under subsection (2) shall be filed with the information. That copy shall bear an endorsement showing the fact, time, and mode of service and that endorsement shall be signed by the constable who released the defendant.

(1) If a person undergoes an evidential breath test under section 69 of the Land Transport Act 1998 and the test is positive, but the person who underwent the test does not advise an enforcement officer within 10 minutes of being advised of the matters specified in section 77(3)(a) of the Land Transport Act 1998 that the person wishes to undergo a blood test, an enforcement officer may sign and serve on the person a summons in a form prescribed for the purposes of this section.

(2) Every such summons shall require the person to appear on a day not later than 2 months after the date of the summons at the court where the information required by subsection (3) is to be filed.

(3) An information under this Part in respect of the offence with which the person is charged shall be laid and filed by an enforcement officer as soon as practicable after the evidential breath test was administered, and in any event not later than 7 days after the day the test was administered.

(4) It is the duty of every enforcement officer who issues a summons under this section to ensure that the information required by subsection (3) is laid and filed.

(5) A copy of a summons served under this section shall be filed with the information, and the copy shall bear an endorsement, signed by the enforcement officer who issued the summons, showing the fact, time, and mode of service.

(6) In this section, the term enforcement officer has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

(1) Either the informant or the defendant may at any time obtain from any District Court Judge or Justice or Community Magistrate or the Registrar a summons in the prescribed form calling on any person to appear as a witness at the hearing.

(1A) If an application for a non-party disclosure hearing is granted under section 25 of the Criminal Disclosure Act 2008, the defendant may apply to a District Court Judge or Justice or Community Magistrate or the Registrar for the issue of a summons in the prescribed form calling on any person to appear at that hearing.

(2) Any summons issued under subsection (1) may require the person summoned to bring with him and produce at the hearing such books, deeds, papers, writings, and photographs as may be mentioned in the summons.

(3) No person who is required under a summons issued under subsection (1) to travel more than 15 kilometres to attend the hearing shall be bound to attend, unless expenses in accordance with the scale prescribed by regulations made under this Act are tendered to him.

(4) If any District Court Judge or Registrar is satisfied that any person whose evidence at the hearing is required by either the informant or the defendant will not attend to give evidence without being compelled to do so, then, whether or not a summons has been issued or served, he may, if he thinks fit, issue a warrant in the prescribed form for the attendance of that person at the hearing.

(4A) Any person who is arrested pursuant to a warrant issued under subsection (4) shall be brought as soon as possible before a District Court Judge, who may—

• (a) by warrant in the prescribed form order that the person be committed to a prison to be detained until the hearing; or

• (b) grant the person bail.

(4B) Any person committed to prison pursuant to subsection (4A) shall be treated in the same way as a prisoner awaiting trial.

(4C) Where any person who is arrested pursuant to subsection (4) is committed to prison pursuant to subsection (4A), that person shall, if he or she so requests, be brought before a District Court Judge for the purpose of making an application for bail, and the Judge may grant or refuse to grant bail on that application.

(4D) If a person is granted bail under subsection (4A) or subsection (4C), sections 29, 30(3), and sections 31 to 38 of the Bail Act 2000, as far as they are applicable and with any necessary modifications, apply as if—

• (a) that person were a defendant remanded in custody who had been granted bail; and

• (b) for the words “for the period of the adjournment” in section 29 of the Bail Act 2000 there were substituted the words “until the date of the hearing”; and

• (c) there were inserted in section 31(1)(b) of the Bail Act 2000, after the words “time to time be adjourned”, the words “unless that person is released by the court from further attendance”; and

• (d) for the words “evading justice” in section 35(1)(a) of the Bail Act 2000 there were substituted the words “avoiding giving evidence”.

(5) Every person commits an offence who, having been served with a summons under this section calling upon him to appear as a witness at the hearing, refuses or neglects, without sufficient cause, to appear or to produce any books, deeds, papers, writings, or photographs required by the summons to be produced, and is liable on summary conviction to a fine not exceeding $300.

(1) Where a charge is brought by any informant of the kind described in subsection (10) against any person for any minor offence (as defined in subsection (12)) a summons to the defendant shall not be issued in the first instance, unless the informant satisfies the Registrar that for special reasons a summons should be issued or a District Court Judge or Community Magistrate so directs.

(2) Unless a summons is to be so issued, all proceedings brought under this Part in respect of a minor offence shall be commenced by the informant filing a notice of prosecution in the prescribed form specifying the date and nature of the alleged offence and a summary of the facts on which the informant bases his allegation that an offence has been committed, and any other matters (not being previous convictions) which the informant considers are relevant to the imposition of a penalty. The summary of the facts shall be sufficient to fully and fairly inform the defendant of the allegations against him.

(3) In addition the notice shall—

• (a) specify the maximum penalty for the offence:

• (b) specify the minimum penalty for the offence if such a penalty is expressly provided for:

• (c) show whether conviction for the offence would or could result—

  • (i) in the defendant being disqualified from holding or obtaining a driver's licence or any other licence or privilege or the forfeiture of any property; or

  • (ii) in demerit points being recorded under the Land Transport Act 1998 in respect of the defendant:

• (d) inform the defendant of his or her rights under subsections (5) to (8) and of the right that the court has under section 106 of the Sentencing Act 2002 to discharge a person without conviction:

• (e) be accompanied by particulars of any previous conviction of the defendant if the informant wishes the court to take that conviction into account in the event of the defendant being found guilty:

• (f) contain such other information or advice as may be required by or pursuant to this Act:

• (g) set out the full name of the informant and, for the purposes of subsection (10), the capacity in which he is acting in filing the notice:

• (h) be signed by the informant who shall certify that he believes that he has just cause for his allegation and that, to the best of his knowledge and belief, his summary of the facts and the other particulars relating to the offence or to the defendant are true and correct.

(4) The Registrar shall cause a copy of the notice to be served on the defendant.

(5) If the defendant wishes to deny the charge or to appear before the court for that or any other purpose he must send written advice to that effect to the Registrar by a date specified in the notice, being a date not earlier than 28 days after the date of the notice. Any such advice shall be sufficient for the purposes of this section if, however expressed, it indicates the defendant's wishes.

(6) The defendant may plead guilty in accordance with section 41 and may, in the notice required by that section,—

• (a) state matters which he wishes the court to take into consideration:

• (b) make submissions with regard to the appropriate penalty:

• (c) put forward reasons why he should be discharged without conviction under section 106 of the Sentencing Act 2002.

(7) If the defendant pleads guilty in accordance with section 41 or if, in any case, the defendant does not, by the date specified in the notice referred to in subsection (2), give written advice to the Registrar in accordance with subsection (5), a District Court Judge or Community Magistrate may, on the basis of the summary of the facts contained in the notice referred to in subsection (2), deal with the defendant as if he had appeared before a court and pleaded guilty. Where particulars of any previous conviction of the defendant have accompanied that notice, the District Court Judge or Community Magistrate may take that conviction into account in deciding whether or not to impose a penalty and, if one is imposed, its amount.

(8) If the defendant indicates in accordance with subsection (5) that the defendant wishes to deny the charge or to appear before the court for that or any other purpose or if in any case a District Court Judge or Community Magistrate so directs, a summons, in the prescribed form, must be issued to the defendant by a District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable) and subsequent proceedings must be had on that summons as if the notice under subsection (2) were an information.

(9) Sections 14, 16, 17, 18, 34, 36, 71, 75, 204, 205, and 208, Part 4, and the Costs in Criminal Cases Act 1967 shall apply, with such modifications as are necessary, to every notice of prosecution filed under subsection (2) as if it were an information.

(10) A notice under subsection (2) may be filed only by—

• (a) a constable:

• (b) an enforcement officer under the Land Transport Act 1998:

• (c) a person acting in the course of his official duties as an officer or employee of any of the State Services, a local authority, a public body, or a statutory Board:

• (d) any other class of person approved for the time being for the purposes of this section by the Minister of Justice by notice in the Gazette. Any such approval may be conditional or may apply only in respect of specified offences or classes of offences.

(11) Every certificate given by an informant under paragraph (h) of subsection (3) shall be deemed to be a statement for the purposes of section 111 of the Crimes Act 1961 (which relates to false statements) notwithstanding that it is not required to be made before any person.

(12) For the purposes of this section, the term minor offence means,—

• (a) in the case of a summary offence under the Land Transport Act 1998, a summary offence under that Act for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $2,000:

• (b) in any other case, means any summary offence for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $500.

(13) This section shall not apply where the defendant, or, where 2 or more persons are jointly charged, at least 1 of the defendants, is under the age of 17 years, unless the charge is for a traffic offence (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) which is not punishable by imprisonment.

(14) Subject to the provisions of any other enactment, where a conviction is entered following proceedings under this section the entry in the Criminal Records kept pursuant to section 71 relating to that conviction and the summary of the facts contained in the notice filed under subsection (2) shall be open to inspection by the public.

(15) Any 2 or more Justices may exercise the powers conferred on a District Court Judge by this section in any case where the minor offence with which the defendant is charged is one in respect of which a court presided over by a Justice or by 2 or more Justices would have jurisdiction if a summons to the defendant were issued in the first instance.

(1) Proceedings in respect of an infringement offence may be commenced—

• (a) with the leave of a District Court Judge or a Registrar, by laying an information under this Act, or by filing a notice of prosecution under section 20A; or

• (b) where an infringement notice has been issued in respect of the offence, by providing particulars of a reminder notice in accordance with subsections (4) and (4A), or by filing a notice of hearing in a court, under this section.

(2) Where—

• (a) an infringement notice has been issued in respect of an infringement offence; and

• (b) on the expiration of 28 days from the date of service of the notice, or a copy of the notice,—

  • (i) the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and

  • (ii) the informant has not received at that address a notice requesting a hearing in respect of the offence,—

the informant may serve on the person or one of the persons served with the infringement notice, or a copy of the infringement notice, a reminder notice that contains the same or substantially the same particulars as the infringement notice.

(2AA) The reminder notice referred to in subsection (2) and subsection (3C) must,—

• (a) if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or

• (b) if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.

(2A) For the purposes of this section, a reminder notice that is in a form prescribed under any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations.

(3) The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—

• (a) a reminder notice has been served under subsection (2); and

• (b) on the expiration of 28 days from the date of service of that notice,—

  • (i) the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and

  • (ii) the informant has not received at that address a notice requesting a hearing in respect of the offence.

(3A) If—

• (a) the informant has not provided particulars of a reminder notice under subsection (3), in accordance with subsections (4) and (4A); and

• (b) the informant has instituted the necessary management and accounting systems to allow the infringement fee to be paid to the informant by instalments,—

the informant may, but is not required to, enter into an arrangement allowing the infringement fee to be paid to the informant by instalments.

(3B) An arrangement under subsection (3A) must—

• (a) be entered into before the close of the date that is 6 months from the time when the infringement offence is alleged to have been committed; and

• (b) be completed before the close of the date that is 12 months from the time when the infringement offence is alleged to have been committed.

(3C) If the informant has entered into an arrangement under subsection (3A), and default is made in the payment of any instalment, the informant may,—

• (a) despite subsection (3B)(a), enter into another arrangement under subsection (3A) allowing the infringement fee to be paid to the informant by instalments; or

• (b) serve on the defendant or 1 of the defendants served with the infringement notice, or a copy of the infringement notice, a reminder notice in the prescribed form containing the same or substantially the same particulars as the infringement notice.

(3D) The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—

• (a) a reminder notice has been served under subsection (3C)(b); and

• (b) on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant at the address specified in the notice.

(4) For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A), the particulars of a reminder notice are—

• (a) the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and

• (b) any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and

• (c) any other particulars that may be prescribed.

(4A) The particulars described in subsection (4)—

• (a) must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and

• (b) once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a court in relation to its judicial functions.

(4B) Particulars of a reminder notice provided under subsection (3) or subsection (3D), and in accordance with subsection (4A), must be verified by the Ministry of Justice to ensure they contain the particulars described in subsection (4)(a) and (b), in accordance with a procedure approved by the chief executive of the Ministry of Justice.

(4C) When particulars of a reminder notice provided under subsection (3) or subsection (3D) are verified under subsection (4B) as containing the particulars described in subsection (4)(a) and (b), the reminder notice is deemed to have been filed in the court appointed for the exercise of the criminal jurisdiction which is the nearest by the most practicable route to the place where the offence was alleged to have been committed.

(5) If,—

• (a) under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is alleged to have been committed; and

• (b) those particulars are verified under subsection (4B),—

then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.

(5A) If,—

• (a) under subsection (3D), particulars of a reminder notice are provided before the close of the date that is 12 months after the date on which the infringement offence is alleged to have been committed; and

• (b) those particulars are verified under subsection (4B),—

then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.

(5AB) An order under subsection (5) or subsection (5A) is deemed to have been made on the date that the relevant reminder notice is deemed to have been filed under subsection (4C).

(5B) If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), no defendant may give notice requesting a hearing in respect of the infringement offence to which the arrangement applies.

(6) A notice requesting a hearing in respect of an infringement offence must—

• (a) be in writing signed by the person or one of the persons served with the infringement notice in respect of the offence, or a copy of the infringement notice; and

• (b) be delivered to the informant at the address specified in the infringement notice before or within 28 days after service of a reminder notice in respect of the offence, or within such further time as the informant may allow.

(7) A person giving notice requesting a hearing in respect of an infringement offence may, if the person thinks fit, in that notice—

• (a) admit liability in respect of the offence; and

• (b) make any submissions as to penalty or otherwise that the defendant would wish to be considered by a court hearing proceedings in respect of the offence.

(8) Where a notice requesting a hearing in respect of an infringement offence is given in accordance with this section, the following provisions shall apply:

• (a) the informant shall, if it is proposed that proceedings be commenced in respect of the offence, file in a court a notice of hearing in the prescribed form:

• (b) where the defendant does not, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall serve on the defendant a copy of the notice of hearing filed pursuant to paragraph (a):

• (c) where the defendant does, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall file that notice in the court in which the notice of hearing is filed:

• (d) where a notice of hearing is filed in a court within 6 months from the time when the offence is alleged to have been committed, the provisions of this Act and the Costs in Criminal Cases Act 1967 shall apply, with such modifications as are necessary,—

  • (i) in relation to the notice of hearing, as if it were an information:

  • (ii) in relation to a copy of the notice served on the defendant pursuant to paragraph (b), as if it were a summons to the defendant:

  • (iii) in relation to a notice of the defendant filed in the court pursuant to paragraph (c), as if it were a notice of the defendant pleading guilty to the offence pursuant to section 41.

(9) Where a defendant is found guilty of, or pleads guilty to, an infringement offence for which an infringement notice has been issued, the court shall order the defendant to pay costs of the prescribed amount in addition to the fine (if any) and other costs (if any) ordered by the court.

(10) In any proceedings for an infringement offence for which an infringement notice has been issued—

• (a) it shall be a defence if the defendant proves that the infringement fee for the offence has been paid to the informant at the address specified in the notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence:

• (b) it shall not be a defence that the infringement fee for the offence has been paid otherwise than as referred to in paragraph (a).

(11) Where an infringement fee is paid to the informant at the address specified in the infringement notice but not within the time referred to in subsection (10)(a), the amount paid may be held and applied towards any fine or costs that the defendant may become liable to pay in respect of the offence.

(12) In any proceedings for an infringement offence for which an infringement notice has been issued it shall be presumed, unless the contrary is proved, that—

• (a) the infringement notice in respect of the offence has been duly issued, and the notice, or a copy of the notice, has been served on the defendant:

• (b) any reminder notice or copy of a notice of hearing required to have been served on the defendant has been duly served:

• (c) the infringement fee for the offence has not been paid as required under this section.

(13) If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), and default is made in the payment of any instalment, proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid.

In any proceedings, a computer printout of the particulars of a reminder notice deemed to have been filed in a court under section 21(4C), sealed with the seal of the court and purporting to be signed and certified by the Registrar of that court as a printout that may be used for the purposes of this section, is, in all courts, in the absence of evidence to the contrary, sufficient evidence of—

• (a) those particulars having been provided and verified in accordance with section 21:

• (b) the reminder notice deemed to have been filed in a court and the order deemed to have been made as a consequence.

(1) Every warrant to arrest a defendant or warrant for the appearance of a person required as a witness shall be directed either to any constable by name or generally to every constable. Any such warrant may be executed by any constable.

(2) For the purposes of executing any warrant referred to in subsection (1), the constable executing it may at any time enter on to any premises, by force if necessary, if he has reasonable cause to believe that the person against whom it is issued is on those premises:

provided that, if the constable executing the warrant is not in uniform and any person in actual occupation of the premises requires him to produce evidence of his authority, he shall before entering on the premises produce the warrant or his badge or other evidence that he is a constable.

(1) Any warrant to arrest a defendant or warrant for the appearance of a person required as a witness may, by leave of a District Court Judge or the Justice or Community Magistrate or Registrar who issued it, be withdrawn at any time before it is executed.

(2) A Registrar may, at any time before it is executed, withdraw a warrant to arrest a defendant or warrant to arrest a person required as a witness if—

• (a) in the case of a warrant to arrest a defendant,—

  • (i) the warrant was issued under this Act or section 36 or 60 of the Bail Act 2000 because the defendant failed to appear at court; and

  • (ii) the defendant reports to the court (whether or not the defendant actually makes an appearance in the court that day); and

  • (iii) no breaches of bail by the defendant in relation to the charge have been recorded under section 38 of the Bail Act 2000; and

  • (iv) no other warrants for the arrest of the defendant in relation to the proceeding have been issued; and

  • (v) the defendant is charged with an offence for which the maximum penalty is 10 or less years' imprisonment:

• (b) in the case of a warrant to arrest a witness,—

  • (i) the warrant was issued under this Act because the witness failed to appear at court; and

  • (ii) the witness reports to the court (whether or not the defendant actually makes an appearance in the court that day); and

  • (iii) no other warrants for the arrest of the witness in relation to the proceeding have been issued; and

  • (iv) the defendant in the proceeding is charged with an offence for which the maximum penalty is 10 or less years' imprisonment.

Sections 24 to 29 do not apply to any summons or other document required to be served under Part 3; sections 79A to 79D apply instead.

(1) Every summons to a defendant and every other document which is required to be served on a defendant shall be served on him in one of the following ways:

• (a) by being delivered to him personally or by being brought to his notice if he refuses to accept it; or

• (b) by being left for him at his place of residence with a member of his family living with him and appearing to be of or over the age of 18 years; or

• (c) by being sent to him by registered letter addressed to him at his last known or usual place of residence or at his place of business; or

• (d) in the case of a notice relating to an infringement offence or a minor offence as defined in section 20A(12), by being sent by letter by ordinary post addressed to the defendant at the defendant's last known place of residence or business; or

• (e) in the case of a notice relating to an infringement offence required to be served on a defendant who does not have a known place of residence in New Zealand but has a known electronic address, by being sent to the defendant at that address in electronic form:

provided that a District Court Judge or Justice or Community Magistrate or the Registrar may if he thinks fit direct that the summons or other document shall be served in accordance with the provisions of paragraph (a).

(1A) Despite subsection (1), if a summons or other document required to be served on a defendant is to be served on a defendant who is a Crown organisation, it may be served—

• (a) by delivering it personally to an employee of the organisation at its head office or principal place of business; or

• (b) by delivering it at the organisation's head office or principal place of business, including by facsimile; or

• (c) in accordance with a method agreed between the informant and the organisation.

(2) For the purposes of paragraph (b) of subsection (1) the expression member of his family means the defendant's father, mother, wife, husband, civil union partner, de facto partner, child, brother, sister, half brother, or half sister.

(3) Where service is effected in accordance with paragraph (c) or paragraph (d) of subsection (1), then, unless the contrary is shown, service shall be deemed to have been effected on the person to whom the letter is addressed at the time when the letter would have been delivered in the ordinary course of post, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

(1) Except as provided in subsection (2), every summons to a defendant and every other document that is required to be served on a defendant may be served by—

• (a) any constable or Police employee who is not a constable:

• (b) an officer of the court:

• (c) any person or member of a class of persons authorised by a District Court Judge or Registrar either generally or in respect of a particular case or class of case:

• (d) in the case of a summons to the defendant or other document required to be served on the defendant in proceedings for an offence against any Act, regulation, or bylaw to which section 113(1) of the Land Transport Act 1998 applies, an enforcement officer under the Land Transport Act 1998:

• (e) in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, any person acting in the course of official duties as an officer or employee of the informant.

(2) Where any such summons or document is to be served by registered or ordinary letter it shall be so served—

• (a) except in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, by an officer of the court posting the summons or document to the defendant:

• (b) in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, by an officer or employee of the informant posting the notice to the defendant.

Every summons calling on any person to appear as a witness, and every other document which is required to be served on any person other than the defendant, shall be served on that person in accordance with the provisions of section 24 as if references in that section to the defendant were references to the person required to be served.

Every summons calling on any person to appear as a witness, and every other document which is required to be served on any person other than the defendant, may be served by a constable or Police employee who is not a constable or an officer of the court, by a party or his solicitor, or by any person authorised by a party or his solicitor to serve the summons or other document.

(1) Notwithstanding anything in section 24 or section 26, service of any document may be effected in accordance with the provisions of this section in any case to which those provisions apply.

(2) Where a solicitor represents that he is authorised to accept service of any document on behalf of any person, it shall be sufficient service to deliver the document to him if he signs a memorandum stating that he accepts service of the document on behalf of that person.

(3) Where any person on whom any document is required to be served is living or serving on board any vessel (including any vessel belonging to any of Her Majesty's naval forces), it shall be sufficient service to deliver the document to the person on board who at the time of service is apparently in charge of the vessel.

(4) Where any such person is in any barracks, camp, or station while serving as a member of any of Her Majesty's naval or military or air forces, it shall be sufficient service to deliver the document at the barracks, camp, or station to the Adjutant or to the officer for the time being in command of the unit or detachment to which the person to be served belongs.

(5) Where any such person is a prisoner of any prison, it shall be sufficient service to deliver the document to the manager or other officer apparently in charge of the prison.

(1) The service of any document may be proved by affidavit made by the person who served the document, showing the fact and the time and mode of service, or by that person on oath at the hearing, or by an endorsement on the copy of the document showing the fact and the time and mode of service. Any such endorsement shall be signed by the person who served the document or, if the service was effected by registered letter, by any officer of the court who knows of the service.

(1A) If, pursuant to subsection (1), any person referred to in paragraph (c) or paragraph (e) of section 25(1) proves service of any document by endorsement on a copy of the document, that person shall, when returning the endorsed copy to the court, provide proof that he or she is a person referred to in either of those paragraphs.

(2) Every person who wilfully endorses any false statement of the fact, time, or mode of service on a copy of any document commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

Where a document is served on any person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993, the provisions of the rules for the time being in force under the District Courts Act 1947 relating to translations of documents served on Maoris in civil proceedings shall apply.

(1) Notwithstanding anything in this Act, any District Court Judge or Registrar on the application of the defendant before the hearing, or the court on the application of the defendant at the hearing, may make an order for the taking, before any other District Court or before the Registrar thereof (not being a constable), of the evidence of the defendant or of any witness for the defence, if for any reason the District Court Judge or the Registrar or the court, as the case may be, considers it desirable or expedient that the evidence of the defendant or the witness should be so taken.

(1A) Notwithstanding anything in this Act, any District Court Judge or Registrar on the application of the informant before the hearing, or the court on the application of the informant at the hearing, may, with the consent of the defendant, make an order for the taking before any other District Court or before the Registrar thereof (not being a constable), of the evidence of the informant or of any witness for the prosecution, if for any reason the District Court Judge or the Registrar or the court, as the case may be, considers it desirable or expedient that the evidence of the informant or the witness should be so taken.

(2) Evidence given in accordance with this section and with any regulations made under this Act may be tendered at the hearing as if it were given in the course thereof; and judicial notice shall be taken of the signature of any examining District Court Judge or Justice or Community Magistrate or Registrar to any deposition made pursuant to an order under this section.

(3) Where the court of hearing considers that an application for the taking of the evidence of any defendant or witness under this section has been made for the purpose of delay or for any other improper purpose, or that there is undue delay in the taking of any such evidence, the court may hear and determine the charge without waiting for the evidence to be so taken.

(4) Nothing in this section or in any regulations made under this Act shall limit or affect the power of the court to compel the personal attendance of the defendant or of any witness at the hearing.

(1) Any District Court Judge or Registrar may, on the application of either the informant or the defendant before the hearing, make an order for the taking, before any District Court or the Registrar thereof (not being a constable), of the evidence of any person, if the District Court Judge or the Registrar is satisfied that that person intends to depart from New Zealand before the hearing and that it is desirable or expedient that his evidence should be so taken.

(2) Evidence given in accordance with this section and with any regulations under this Act may be tendered at the hearing as if it were given in the course thereof; and judicial notice shall be taken of the signature of any examining District Court Judge or Justice or Community Magistrate or Registrar to any deposition made pursuant to an order under this section.

Any statement taken under section 164 (which relates to statements of persons dangerously ill and not likely to recover) may afterwards without further proof be given in evidence either for or against the defendant at the hearing of any charge under this Part, if—

• (a) the offence charged is one to which the statement relates (whether or not the defendant had been charged under Part 5 with that offence at the time the statement was taken) or the defendant is a person to whom the statement relates; and

• (b) pursuant to section 165, the statement could have been given in evidence at a committal hearing under Part 5 of any information against the defendant.

(1) Unless an order is made under the succeeding provisions of this section or under section 4A of the District Courts Act 1947, or unless there is a statutory provision to the contrary, every charge shall be heard and determined in the court in the office of which the information is filed.

(2) Any District Court Judge or Justice or Community Magistrate may order that a charge shall be heard and determined by some other court.

(3) The Registrar may, with the consent of each party, order that a charge be heard in some other court.

(4) When an order is made under subsection (2) or subsection (3), the Registrar shall forward the information to the Registrar of the court to which it is ordered to be transferred.

(1) Any information may by leave of the court be withdrawn by the informant before the defendant has been convicted or the information has been dismissed or, in any case where the defendant has pleaded guilty, before he has been sentenced or otherwise dealt with.

(1A) A Registrar may exercise the power conferred by subsection (1) to grant leave if the informant is a constable or Police employee who is not a constable and has notified the Registrar in writing that the defendant has successfully completed a programme of diversion (being a programme conducted by the Police).

(1B) [Repealed]

(2) [Repealed]

(3) The withdrawal of an information shall not operate as a bar to any other proceedings in the same matter.

(1) At the hearing of any charge, the informant and the defendant may appear personally or by a barrister or a solicitor of the High Court.

(2) Except as provided in this section or in any other enactment, no person other than the informant may appear at the hearing of any charge and conduct the proceedings against the defendant.

(3) Where an information has been laid by a constable, any other constable may appear and conduct the proceedings on the informant's behalf.

(4) Where an information has been laid by an officer or employee of a department of State or of a local body, any other officer or employee of that department or of that local body, as the case may be, may appear and conduct the proceedings on the informant's behalf.

(5) Where proceedings have been commenced by the filing of a notice of hearing pursuant to section 21, any officer or employee of the department, local body, or other authority that is the informant may appear and conduct the proceedings on the informant's behalf.

(1) If at the hearing of any charge any person summoned as a witness under section 20 fails to appear and no just excuse is offered for his failure, the court, if satisfied that the summons was duly served on him, may issue a warrant in the prescribed form for the appearance of that person.

(2) Where any person is arrested pursuant to a warrant issued under subsection (1), the provisions of subsections (4A) to (4D) of section 20 shall apply as if he had been arrested pursuant to a warrant issued under subsection (4) of the said section 20.

(1) At the hearing of any charge any person present in court, whether he has been summoned to give evidence or not, may be required to give evidence.

(2) If any person without offering any just excuse refuses to give evidence when required, or refuses to be sworn, or having been sworn refuses to answer such questions concerning the charge as are then put to him, the court may order that, unless he sooner consents to give evidence or to be sworn or to answer the questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant in the prescribed form for his arrest and detention in accordance with the order.

(3) If the person so detained, on being brought up at the adjourned hearing, again refuses to give evidence or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct the witness to be detained in custody for the like period, and so again from time to time until he consents to give evidence or to be sworn or to answer as aforesaid.

(1) The court may if it thinks fit, of its own motion or at the request of any party at any time during the hearing, order all or any witnesses other than any witness who has given or is giving his evidence to leave the courtroom and to remain out of hearing but within call until required to give evidence.

(2) The court may at any time during the hearing require the parties to state what witnesses they intend to call, and may, if it thinks fit, refuse to allow any witness whose name was not so stated to give evidence.

(1) Any person charged with a summary offence in respect of which he is not liable on conviction to a sentence of imprisonment may in writing addressed to the Registrar give notice that he pleads guilty, and the court shall then have the same power to deal with him as if he had appeared before it and pleaded guilty:

provided that nothing in this section shall operate to prevent the issue of a warrant to arrest the defendant.

(2) As soon as practicable after receiving any such notice from the defendant, the Registrar shall give notice thereof to the informant.

(1) Before a charge under this Part is gone into, a Registrar may receive and record a not guilty plea in respect of any person charged with an offence if—

• (a) the defendant is represented by a barrister or solicitor, and the barrister or solicitor notifies the Registrar, on the defendant's behalf, that the defendant pleads not guilty to the offence; or

• (b) the defendant is not represented by a barrister or solicitor, and notifies the Registrar that he or she pleads not guilty to the offence.

(2) Before a Registrar receives and records a not guilty plea under subsection (1)(b), the Registrar must be satisfied that—

• (a) the defendant has been informed of the substance of the charge; and

• (b) the defendant—

  • (i) has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2000; and

  • (ii) has fully understood those rights; and

  • (iii) has had the opportunity to exercise those rights and has refused or failed to exercise those rights, or has engaged a barrister or solicitor to represent him or her and has subsequently terminated the engagement.

(3) If a Registrar receives and records a not guilty plea under subsection (1), the court has the same power to deal with the defendant as if he or she had appeared before it and pleaded not guilty.

A plea of guilty may, by leave of the court, be withdrawn at any time before the defendant has been sentenced or otherwise dealt with.

(1) Subject to the succeeding provisions of this section, where the defendant appears to answer a charge to which this Part applies, the court may amend the information in any way at any time during the hearing.

(2) Without limiting the generality of the powers conferred by subsection (1), it is hereby declared that those powers shall include power to amend an information by substituting one offence (whether an indictable offence or a summary offence) for another offence (whether an indictable offence or a summary offence), and shall also include power to amend the information to an information to which Part 5 applies.

(3) Where under subsection (2) any information is amended by substituting one offence for another, then, subject to the provisions of subsection (4), the following provisions shall apply:

• (a) subject to the provisions of paragraphs (b), (c), and (d), the hearing shall be continued as if the defendant had originally been charged with the substituted offence:

• (b) if the substituted offence is one to which section 66 applies, the defendant shall, before the hearing is continued, be entitled to elect to be tried by a jury for that offence, and the provisions of that section, with the necessary modifications, shall accordingly apply as if for the words “before the charge is gone into” in subsections (1) and (2) of that section there were substituted in each case the words “before the hearing is continued”:

• (c) before the hearing is continued, the substance of the charge as amended shall be stated to the defendant and he shall be asked how he pleads; and, if he pleads guilty, the court may convict him or deal with him in any other manner authorised by law:

• (d) any evidence already given shall be deemed to have been given in and for the purposes of the hearing of the charge as amended, but either party shall have the right to examine or cross-examine or re-examine any witness whose evidence has already been given in respect of the offence originally charged.

(4) Where under subsection (2) any information is amended to an information to which Part 5 applies, the case shall be dealt with under that Part in all respects as if the defendant had originally been charged under that Part with the indictable offence stated in the amended information.

(5) The court may, at the request of the defendant, if it is of opinion that he would be embarrassed in his defence by reason of an amendment made or proposed to be made under this section, adjourn the hearing of the case.

(1) Without limiting section 43, if at any time during the hearing, and whether or not the defendant appears to answer the charge, the court is satisfied that the particulars of the defendant as they appear on the information are incorrect, whether—

• (a) because of any mistake or omission in those particulars; or

• (b) because the name, address, or any other particulars of the defendant as stated on the information do not correctly identify the person by whom the offence stated in the information is alleged to have been committed, whether because the person identified on the information does not exist or is some other person or for any other reason,—

the court may, subject to subsections (3) to (6), make such amendments to the information as are necessary to correct the mistake or omission or, as the case may be, to ensure that the information correctly identifies that person.

(2) Without limiting the generality of the powers conferred by subsection (1), it is hereby declared that those powers include the power to amend the information by substituting, for all or any of the particulars of the defendant (including his or her name) as stated on the information, any other particulars.

(3) No power conferred by subsection (1) shall be exercised after the expiry of the period of 12 months from the date on which the information is laid.

(4) The court may, if it is of opinion that any person would be prejudiced by any amendment made or proposed to be made pursuant to this section, and that it would be contrary to the interests of justice to require that person to suffer that prejudice,—

• (a) refuse to make the amendment; or

• (b) if the amendment has already been made, dismiss the information, but any such dismissal shall not operate as a bar to any other proceedings in the same matter.

(5) The court may, at the request of the defendant, if it is of opinion that the defendant would be embarrassed in the defendant's defence by reason of an amendment made or proposed to be made pursuant to this section, adjourn the hearing of the case.

(6) Where the court amends an information pursuant to this section,—

• (a) the court may direct that a summons or, as the case requires, a further summons be issued to the defendant:

• (b) subject to paragraph (a) and to subsection (5), the hearing shall proceed in all respects as if the information had been originally framed as amended.

(1) Where any summary prosecution of an indictable offence is commenced, the court may, at any time before the defendant has been sentenced or otherwise dealt with, decline to deal summarily with the offence, and may endorse on the information a certificate to that effect.

(2) Where a court declines under this section to deal summarily with an offence, then—

• (a) if the defendant has been found guilty or has pleaded guilty, the court shall commit him to the High Court for sentence, and the provisions of sections 169 to 171, as far as they are applicable and with the necessary modifications, shall apply. In such a case the District Court Judge shall cause the information, a statement of the facts of the case, and the bail bond (if any) to be sent to the Registrar of the High Court:

• (b) in any other case, the court shall deal with the case in all respects as if the offence were an indictable offence not punishable summarily.

(1) Whenever the court commits a defendant to the High Court for sentence in respect of any offence, the court may also commit the defendant to the High Court for sentence in respect of any other offence—

• (a) that is related to the first-mentioned offence or arises from the same course of conduct as that offence; and

• (b) in relation to which the High Court would not, but for this subsection, have jurisdiction to sentence the defendant.

(2) Except as provided in subsection (3), the sentence that may be imposed by the High Court in any case referred under subsection (1) shall not exceed the sentence that could have been imposed in that case by the District Court.

(3) Where the High Court is satisfied that the District Court would have declined jurisdiction to sentence the defendant, the High Court may impose any sentence that it could impose in that case if the District Court had declined such jurisdiction.

(1) The hearing of any charge may from time to time be adjourned by the court to a time and place then appointed.

(2) If at any time and place appointed for the hearing of any charge, or when a defendant is brought before a court on arrest, the court by reason of its constitution has no jurisdiction to hear the charge, any Justice or Community Magistrate may adjourn the hearing to a time and place then appointed.

(3) [Repealed]

(1) A Registrar may, upon application, adjourn the hearing of any charge to a time and place then appointed if—

• (a) the defendant is not in custody at the time of the application; and

• (b) the application is made before the commencement of the hearing.

(2) If an adjournment is granted under subsection (1), the present conditions of bail (if any) continue, subject to section 34 of the Bail Act 2000, to the adjourned date of hearing.

(3) Whenever the Registrar grants an adjournment under this section, the Registrar shall notify each party in writing.

(4) For the avoidance of doubt, it is hereby declared that a Registrar may, upon application, grant an adjournment under subsection (1) if—

• (a) the defendant has been released on bail under section 21 of the Bail Act 2000; and

• (b) the application is made before the commencement of the hearing.

(1) Where any hearing is adjourned under section 45, and the defendant is liable on conviction to a sentence of imprisonment or the defendant has been arrested, the court or Justice or Community Magistrate may—

• (a) allow the defendant to go at large for the period of the adjournment; or

• (b) grant the defendant bail under the Bail Act 2000 for the period of the adjournment; or

• (c) remand the defendant in custody for the period of the adjournment.

(2) A Registrar may exercise the power conferred by subsection (1)(c) to remand a defendant in custody if—

• (a) both the defendant and the informant agree to the remand; and

• (b) the defendant—

  • (i) is legally represented or has indicated that he or she has received legal advice; or

  • (ii) has declined an opportunity to obtain legal advice.

(3) If a Registrar remands a person in custody under subsection (1)(c) the defendant must be brought before a court or Justice or Community Magistrate at the earliest opportunity if, at any time during the period of remand, the defendant withdraws his or her agreement under subsection (2)(a) and the court or Justice or Community Magistrate must declare what action (if any) should be taken under subsection (1) in respect of the defendant.

(1) While an epidemic management notice is in force, section 46 has effect as if the reference in subsection (3) to the earliest opportunity has effect as if it is a reference to the earliest opportunity that is reasonable in the circumstances.

(2) If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only.

(3) In this section, epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice.

Where the defendant is remanded in custody under section 46, the court or Justice or Community Magistrate or Registrar must issue a warrant in the prescribed form for the detention of the defendant in custody for the period of the adjournment.

Any defendant who has been remanded in custody on any charge and has not been released on bail may be brought before a court at any time to be dealt with on that charge, notwithstanding that the period for which he was remanded in custody has not expired.

In any case where a summons has been served on the defendant a reasonable time before the hearing, or the defendant has been released on bail to attend personally at the hearing, and at the hearing only the informant appears, the following provisions shall apply:

• (a) if the offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury, the court may either issue a warrant in the prescribed form to arrest the defendant and bring him before a court, or may adjourn the hearing to such time and on such conditions as the court thinks fit. If the defendant does not appear at the time to which the hearing is adjourned, the court or any Registrar may issue a warrant to arrest the defendant and bring him before a court:

• (b) if the offence charged is not one in respect of which the defendant is entitled to elect to be tried by a jury, then—

  • (i) if the defendant is liable on conviction to a sentence of imprisonment or if, following his arrest, he has been released on bail to attend personally at the hearing, the court may proceed with the hearing, or may issue a warrant in the prescribed form to arrest the defendant and bring him before a court, or may adjourn the hearing to such time and on such conditions as the court thinks fit:

  • (ii) in any other case the court may proceed with the hearing or may adjourn the hearing to such time and on such conditions as the court thinks fit:

• (c) if the offence charged is not one in respect of which the defendant is liable on conviction to a sentence of imprisonment, evidence of a fact or opinion which would be admissible if given by direct oral evidence, shall also be admissible if given by way of an affidavit.

(1) If the Registrar has the power to adjourn the hearing of any charge under section 45A, the Registrar may either—

• (a) adjourn the hearing; or

• (b) exercise the power conferred by section 61(a) or section 65 or section 66 to issue a warrant to arrest the defendant.

(2) If the Registrar does not have power to adjourn the hearing of any charge under section 45A, but considers that a warrant to arrest the defendant should be issued under section 61(a) or section 65 or section 66(7), the Registrar shall refer the matter to a District Court Judge who may direct the Registrar to issue a warrant to arrest the defendant.

(3) Subject to subsection (4), a Registrar may exercise any of the powers referred to in subsection (1)(b) if—

• (a) the Registrar is satisfied that the defendant was informed of the defendant's obligation to attend at the specified time and place; and

• (b) the defendant failed to so attend.

(4) A Registrar may not exercise any of the powers referred to in subsection (1)(b) if the Registrar is satisfied that the defendant failed to attend at the specified time or place because of a reasonable excuse.

Where at the hearing of any charge only the defendant appears, the following provisions shall apply:

• (a) if the defendant is in custody or has been released on bail and the informant has not had adequate notice of the hearing, the court shall adjourn the hearing to such time and place and on such conditions as it thinks fit to enable the informant to appear:

• (b) in any other case the court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the court thinks fit.

Where at the hearing of any charge neither the informant nor the defendant appears, the court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the court thinks fit.

The dismissal of an information for want of prosecution shall not operate as a bar to any other proceedings in the same matter.

Where at the hearing of any charge both the informant and the defendant appear, the court shall proceed with the hearing:

provided that, if the defendant is not personally present, the court may, if it thinks fit, adjourn the hearing to such time and place and on such conditions as it thinks fit to enable him to be present, or, if he is liable on conviction to a sentence of imprisonment, may issue a warrant in the prescribed form to arrest him and bring him before the court.

(1) Any person charged under this Part with an offence which is punishable by imprisonment for a term exceeding 3 months shall be entitled, before the charge is gone into but not afterwards, to elect to be tried by a jury. Before the defendant is called upon to make his election under this subsection, the substance of the charge shall be stated to him.

(1A) If a Registrar receives and records an election under section 66A(1), the substance of the charge need not be stated to the defendant under subsection (1).

(2) Except in any case in which subsection (7) or section 66A(1) applies, the court shall, before the charge is gone into in respect of an offence to which this section applies, inform the defendant of the right conferred on him by subsection (1) by causing him to be addressed to the following effect:

(3) Where a corporation is charged with an offence in respect of which an individual would be entitled under this section to elect to be tried by a jury, an election to be so tried may be made on behalf of the corporation by its representative; and, where the corporation does not appear by a representative or no such election is made on behalf of the corporation, the court may, subject to the provisions of this section, deal with the case summarily as if the offence were an offence to which subsection (1) did not apply.

(4) Where a defendant who is charged under this Part with an indictable offence elects under this section to be tried by a jury, the proceedings shall continue as if he had been charged on an information in form 2 of Schedule 2.

(5) Where a defendant who is charged with a summary offence elects under this section to be tried by a jury, the proceedings shall continue as if the offence were an indictable offence not punishable summarily, and, if he is committed for trial or for sentence, he may be dealt with accordingly.

(5A) If a defendant who is an individual is present in court and deliberately refuses to elect to be tried either by a jury or the court, or fails to make an election, after being addressed in the manner provided in subsection (2) and being warned, after refusing or failing to make an election, of the consequences of failing to make an election,—

• (a) the court must, unless it considers that the defendant may be under a disability, order—

  • (i) that the defendant be tried by the court instead of by a jury; or

  • (ii) if any defendant who is a co-accused is to be tried by a jury, that the defendant be tried by a jury instead of the court; and

• (b) an order of the court under paragraph (a) is to be treated subsequently as an election by the defendant to be tried by the court or, as the case requires, a jury.

(5B) Subsection (5A) is subject to subsection (7).

(6) A defendant who has elected under this section to be tried by a jury may, by leave of the court at any time before he is committed for trial or for sentence, withdraw his election, and thereupon the court may, notwithstanding anything in section 160, 161, 184I, 184J, or 184M, deal summarily with the case in all respects as if no such election had been made, and the foregoing provisions of this section shall no longer apply:

provided that where the court is presided over by 2 or more Justices or 1 or more Community Magistrates or a Registrar and the defendant has pleaded guilty to an offence which the court does not have jurisdiction to deal with summarily by reason of its constitution, the court shall record the plea and shall adjourn the proceedings for the defendant to be sentenced or otherwise dealt with by a court presided over by a District Court Judge.

(6A) Where a defendant who has elected under this section to be tried by a jury has pleaded guilty under sections 184I and 184J and he is not represented by a barrister or solicitor, the court, unless it considers that leave should not be granted to the defendant to withdraw his election, shall draw to his attention the provisions of subsection (6).

(7) Any barrister or solicitor who appears for the defendant may (whether or not the defendant is personally present) inform the court on his behalf that the defendant does not elect to be tried by a jury, or may (where the defendant is personally present) inform the court on his behalf that the defendant does elect to be so tried, and thereupon the court may proceed as if the defendant had personally made the election:

provided that, if it thinks fit, the court may, if the defendant is not personally present and his counsel or solicitor informs the court that the defendant does not elect to be tried by a jury, adjourn the hearing to such time and on such conditions as the court thinks fit to enable the defendant to be present or issue a warrant, in the prescribed form, to arrest him and bring him before the court.

(1) A Registrar may receive and record an election under section 66 to be tried by a jury if—

• (a) the defendant is represented by a barrister or solicitor, and the barrister or solicitor notifies the Registrar, on the defendant's behalf, of the election; or

• (b) the defendant is not represented by a barrister or solicitor, and appears before the Registrar and notifies the Registrar of his or her election.

(2) Before a Registrar receives and records an election under subsection (1)(b), the Registrar must—

• (a) be satisfied that the defendant has been informed of the substance of the charge; and

• (b) be satisfied that the defendant—

  • (i) has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2000; and

  • (ii) has fully understood those rights; and

  • (iii) has had the opportunity to exercise those rights and has refused or failed to exercise those rights, or has engaged a barrister or solicitor to represent him or her and has subsequently terminated the engagement; and

• (c) inform the defendant of the right to make an election in the manner set out in section 66(2).

(3) If a Registrar receives and records an election under subsection (1), the court has the same power to deal with the defendant as if he or she had appeared before it and made his or her election.

(1) Before any charge is gone into, the substance of the charge shall be stated to the defendant if he appears, and he shall be asked how he pleads

(1A) If a Registrar receives and records a not guilty plea under section 41A(1), the substance of the charge need not be stated to the defendant under subsection (1).

(2) If he pleads guilty, the court may convict him or deal with him in any other manner authorised by law.

(3) If he does not plead guilty, the hearing shall be conducted in accordance with the succeeding provisions of this section.

(4) The court shall first hear the informant and such evidence as he may adduce, and shall then hear the defendant and such evidence as he may adduce. It shall then hear such evidence as the informant may adduce in rebuttal of any evidence given by or on behalf of the defendant.

(5) Where the defendant refrains from giving evidence, or from calling his wife or her husband, as the case may be, as a witness, no comment adverse to the defendant shall be made thereon by the informant.

(6) The parties may examine, cross-examine, and re-examine witnesses.

(7) Unless the court otherwise directs, neither party may sum up his case or address the court upon the evidence given by either party:

provided that the defendant, whether or not he calls evidence, may address the court at the end of the informant's case.

(8) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in the enactment creating the offence, may be proved by the defendant, but, subject to the provisions of section 17, need not be negatived in the information, and, whether or not it is so negatived, no proof in relation to the matter shall be required on the part of the informant.

Where any evidence of identity is given against the defendant and the defendant disputes that evidence, the court shall bear in mind the need for caution before convicting the defendant in reliance on the correctness of any such identification and, in particular, the possibility that the witness may be mistaken.

(1) The court, having heard what each party has to say and the evidence adduced by each, shall consider the matter and may convict the defendant or dismiss the information, either on the merits or without prejudice to its again being laid, or deal with the defendant in any other manner authorised by law.

(2) The court may, if it thinks fit, reserve its decision, and in that case may give it at any adjourned or subsequent sitting of the court or, except where a sentence of imprisonment is being imposed, may draw up the decision in writing, sign it, and send it to the Registrar.

(3) When a written decision is sent to the Registrar as aforesaid, he shall deliver it at a time and place appointed by him.

(4) Every reserved decision delivered by the Registrar shall be entered in the Criminal Records kept pursuant to section 71 and signed by the Registrar, and shall have the same force and effect as if given by the court on that date.

(1) This section applies where—

• (a) a defendant is charged with an offence for which the penalty is greater if the defendant has previously been convicted of that offence or of some other offence; and

• (b) by reason of that greater penalty, the defendant is entitled, under section 66, to elect to be tried by a jury.

(2) Where this section applies,—

• (a) the information shall disclose the existence of the previous conviction or convictions which, if proved against the defendant or admitted by him or her, would make the defendant liable to the greater penalty; and

• (b) subject to subsection (4), where the information discloses such conviction or convictions, the provisions of section 66 shall apply in the ordinary way.

(3) No information shall be dismissed by reason only that it does not comply with the requirements of subsection (2)(a), but if any such information is not subsequently amended so as to comply with those requirements, then, notwithstanding any other enactment, the defendant shall be liable to the penalty to which he or she would be liable but for any previous convictions.

(4) Where, pursuant to section 43, an information for an offence is amended to disclose a previous conviction to which subsection (2) applies, then, unless the defendant has already been given the right, under section 66, to elect to be tried by a jury for that offence, the defendant shall then be given that right, and the provisions of section 66, as far as they are applicable and with the necessary modifications, shall apply.

(5) Nothing in this section shall affect the right of the court, when sentencing the defendant, to take any previous convictions into account.

(6) Nothing in this section limits section 341 of the Crimes Act 1961.

(1) For the avoidance of doubt, it is hereby declared that in any case where—

• (a) section 69 applies; and

• (b) the defendant elects, under section 66, not to be tried by a jury,—

it shall not be necessary for the informant to prove any previous conviction to which section 69(2)(a) applies, where that conviction is not admitted by the defendant, until the issue of penalty for the offence arises.

(2) Nothing in subsection (1) limits or affects any other enactment or rule of law that prohibits or regulates the admission of evidence relating to the previous convictions of the defendant.

(3) For the purpose of proving any previous conviction to which section 69(2)(a) applies in any proceedings in which the defendant is dealt with summarily, the production of a certificate containing the substance of the conviction for the offence, purporting to be signed by the Registrar or other officer having the custody of the records of the court by or before which the offender was convicted, shall—

• (a) be sufficient evidence of the conviction without proof of the signature or official character of the person appearing to have signed the certificate; and

• (b) in the absence of evidence to the contrary, if the name of the offender stated in the certificate is the name of the defendant, constitute prima facie evidence that the offender so stated is the defendant.

(4) The mode of proving a previous conviction authorised by this section shall be in addition to, and not in exclusion of, any other mode authorised by law.

(1) Where any person is charged with any summary offence or with any indictable offence that may be dealt with summarily, the informant may serve on the defendant a notice in writing specifying any alleged previous conviction proposed to be brought to the notice of the court in the event of his conviction of the offence charged.

(2) Any such notice shall specify—

• (a) the date of the alleged conviction; and

• (b) the court in which the conviction was entered; and

• (c) the nature of the offence; and

• (d) the sentence of the court in respect of the conviction (including any order of the court made on the conviction); and

• (e) a statement to the effect that the court may, where the defendant is not present in person before the court and has not notified the court in writing that he disputes any such conviction or any material details in connection with the conviction, in the event of the conviction of the defendant take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it.

(3) In the event of the conviction of the defendant and upon proof that the notice was served on him not less than 7 clear days previously, the court may, if the defendant is not present in person before the court and has not notified the court in writing that he disputes the conviction or any material details in connection with the conviction, take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it.

(1) The Registrar of each court appointed for the exercise of criminal jurisdiction shall keep Criminal Records in the prescribed form, in which shall be entered a minute or memorandum of all proceedings in the court under its criminal jurisdiction. Every such minute or memorandum shall be signed by the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates presiding over the court.

(1A) A statement of the way in which the requirements of section 30 of the Sentencing Act 2002 have been satisfied shall be entered in the Criminal Records of each court in respect of all proceedings under its criminal jurisdiction to which that section applies.

(1B) Subsection (1) does not apply in respect of proceedings commenced in the way described in section 21(3) or (3D).

(2) If an information is heard at any place other than a courthouse, a minute or memorandum of the decision shall be endorsed on the information, and the minute or memorandum shall be signed by the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates presiding over the court. The information shall be forwarded to the nearest courthouse there to be kept, and the Registrar shall make and sign an appropriate entry in respect of the case in the Criminal Records kept by him.

(3) Any entry in the Criminal Records or a copy thereof or extract therefrom, sealed with the seal of the court and purporting to be signed and certified by the Registrar as a true copy or correct extract, shall at all times without further proof be admitted in all courts and places whatsoever as evidence of the entry and proceeding referred to thereby and of the regularity of that proceeding.

(4) Any such copy of any entry in the Criminal Records or any such extract therefrom may be given to any person who the Registrar is satisfied has a genuine and proper interest in obtaining the copy or extract. In any case of doubt or difficulty the Registrar may refer the matter to a District Court Judge, whose decision shall be final.

(5) Every reference to a Criminal Record Book in this Act or in any other Act or in any regulation, rule, bylaw, order, or other enactment or in any deed, instrument, notice, or other document whatsoever, shall, unless the context otherwise requires, be read as a reference to the Criminal Records kept pursuant to this section.

(1) The court may order any party at whose instance a witness appears at the court to pay the costs and expenses of that witness, not exceeding the amount provided for in any scale prescribed by regulations under this Act.

(2) Any such order may be enforced in the same manner as a fine.

Subject to the provisions of any other Act, the provisions of this Part, as far as they are applicable and with the necessary modifications, shall apply to proceedings brought by way of complaint as if they were proceedings brought on an information, and as if references in this Part to the informant were references to the complainant, as if references to a charge or to an offence were references to the ground of the complaint, and as if references to a conviction were references to an order.

(1) Where on the hearing of any information or complaint the defendant has been convicted or, as the case may be, an order has been made against him, the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates who presided over the court before which the information or complaint was heard may, in his or their discretion, grant a rehearing of the information or complaint, either as to the whole matter or only as to the sentence or order, as the case may be, upon such terms as he or they think fit:

provided that, if any such District Court Judge or Justice or Community Magistrate has since the date of the hearing ceased to hold office as such or died or left New Zealand, or if for any other reason it is impracticable that he should be present to hear the application for rehearing, any District Court Judge may grant a rehearing.

(1AA) If, on the hearing of any information or complaint, the defendant has been convicted or, as the case may be, an order has been made against the defendant, a Registrar may, if the informant does not object, grant a rehearing of the information or complaint, either as to the whole matter or only as to the sentence or order (as the case may be) and on such terms as the Registrar thinks fit.

(1A) Where a registered or ordinary letter has been used for the service on a defendant of any summons, copy of a notice of prosecution under section 20A, and on the hearing of the matter the defendant has been convicted or, as the case may be, an order has been made against him, in his absence, a District Court Judge or the Registrar (not being a constable) shall, if he is satisfied that the defendant did not receive the summons or notice or copy of the notice:

• (a) grant a rehearing of the matter and set it down for hearing at a later date; and

• (b) issue another summons, or require another copy of the notice to be served on the defendant, as the case may be; and, in any such case, the summons or copy shall not be served by registered letter.

(2) When a rehearing has been granted, the conviction or, as the case may be, the sentence only or the order made on the hearing shall immediately cease to have effect.

(3) A rehearing which has been granted may be proceeded with immediately, or the District Court Judge or Justice or Justices or Registrar or Community Magistrate or Community Magistrates may set it down for hearing at a later date.

(4) If a rehearing is granted in any case where the defendant was on conviction sentenced to a term of detention which has not expired, but the rehearing is not proceeded with immediately, the District Court Judge or Justice or Justices shall, subject to the provisions of section 7 and sections 9 to 12 of the Bail Act 2000 and of section 142 of the Criminal Justice Act 1985, remand the defendant in custody until the date appointed for the rehearing.

(5) On any rehearing the court shall have the same powers and shall follow the same procedure as if it were the first hearing; and in particular, on the rehearing as to the whole matter of any information for an offence to which section 66 applies, the defendant shall be entitled to elect to be tried by a jury in accordance with the provisions of that section.

(6) If the defendant does not appear on the date set down for the rehearing of any information or complaint, the court may, if it thinks fit, without rehearing the case direct that the original conviction, sentence, or order shall be restored.

Every party to an offence (not being the person who actually committed it) may be proceeded against and convicted for that offence, either together with the person who actually committed it or before or after the conviction of that person.

(1) If on the conviction of the defendant the court imposes a sentence or makes an order that is not within the jurisdiction of the court to impose or make, or does not impose a sentence or make an order that it is required by law to impose or make, then, at any time thereafter, unless proceedings in relation to the conviction are pending in the High Court, the District Court Judge who presided over the court, or, if that District Court Judge is not available or if the court was presided over by 1 or more Justices or by 1 or more Community Magistrates, any District Court Judge, may set aside any sentence or order imposed or made and impose a sentence and make an order that is within the jurisdiction of the court or that the court is required by law to impose or make, and all necessary alterations shall be made in any warrant or other document and in the Criminal Records kept pursuant to section 71 to give effect thereto.

(2) The powers conferred by this section may be exercised from time to time in respect of the same conviction.

(1) The Attorney-General may, at any time after an information has been laid against any person under this Part and before that person has been convicted or otherwise dealt with, direct that an entry be made in the Criminal Records kept pursuant to section 71 that the proceedings are stayed by his direction, and on that entry being made the proceedings shall be stayed accordingly.

(2) If an information is laid against the Crown Law Office in respect of an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002, any decision to issue a direction under subsection (1) in respect of the proceedings to which the information relates must be made by the Attorney-General personally.

(1) On the hearing by a District Court of any information or complaint, the court may state a case for the opinion of the High Court on any question of law arising in the proceedings.

(2) The High Court may order the removal into the Court of Appeal of any case stated under this section; and on the removal the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

(3) Either party may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal against any decision of the High Court on any case stated under the provisions of this section, and the provisions of section 144, as far as they are applicable and with the necessary modifications, shall apply with respect to the appeal as if it were an appeal under that section.

(4) On the removal of any case to the Court of Appeal or on an appeal to the Court of Appeal under this section, the decision of the Court of Appeal shall be final; and the same judgment shall be entered in the High Court, and the same execution and other consequences and proceedings shall follow thereon, as if the decision had been given in the High Court.

(1) Notwithstanding any other provision of this or any other Act, where in proceedings for an infringement offence (whether being an offence for which an infringement notice has been issued or not) the defendant is found guilty of, or pleads guilty to, the offence and the court would, but for this subsection, convict the defendant, the court shall not convict the defendant but may order the defendant to pay such fine and costs and may make such other orders as the court would be authorised to order or make on convicting the defendant of the offence.

(2) Every reference in this or any other Act or in any regulation or bylaw to a conviction for an offence shall, in relation to an infringement offence where—

• (a) an order has been made as referred to in subsection (1) that the defendant pay a fine and costs; or

• (b) an order is deemed by virtue of section 21(5) to have been made that the defendant pay a fine and costs,—

be deemed to be a reference to the making of that order.

(1) This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21 and—

• (a) a District Court Judge or Registrar, on the application of the defendant, is satisfied on the basis of information provided with the application that—

  • (i) the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or

  • (ii) the defendant (not being a defendant who, under section 78C(1) or (3), is ineligible to rely on this ground) did not in fact receive the reminder notice required to have been served on the defendant under section 21; or

  • (iia) the defendant did not in fact receive a copy of the notice of hearing required to have been served on the defendant under section 21; or

  • (iii) some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or

  • (iv) the defendant believed on reasonable grounds that he or she had requested a hearing under section 21, but this request was not acted on by the informant; or

  • (v) the defendant reasonably believed that he or she had been advised by the informant that action would not be taken under section 21(3); or

  • (vi) the defendant reasonably believed that he or she had been advised by the informant that further time for requesting a hearing would be allowed under section 21(6)(b), but action was taken under section 21(3) before that further time had expired; or

  • (vii) the defendant—

    • (A) had, in writing, requested further relevant information from the informant in relation to the infringement offence; and

    • (B) had made the request within a time that would reasonably enable the informant to respond before the earliest time at which the informant would be entitled to take action under section 21(3); and

    • (C) believed on reasonable grounds that the informant had not refused to provide the requested information and that action would not be taken under section 21(3) before that information had been provided; and

    • (D) was not provided with the information before action was taken under section 21(3); or

  • (viii) the defendant paid the infringement fee to the informant at the address specified in the infringement notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence to which the notice relates; or

• (b) the informant applies to a District Court Judge or Registrar to withdraw the reminder notice filed or deemed to have been filed under section 21.

(1A) No more than 1 application, made in reliance on the ground stated in subsection (1)(a)(ii), may be granted in respect of the same defendant for the same infringement offence.

(1B) An application under subsection (1) may be made—

• (a) in writing in a form approved under section 209A; or

• (b) electronically in a manner approved by the chief executive of the Ministry of Justice.

(1C) An application under subsection (1) may be—

• (a) made to any court; and

• (b) considered in another court besides the one to which it is made.

(2) The Judge or, subject to subsections (3) and (4), the Registrar may do 1 or more of the following:

• (a) authorise the informant to serve a reminder notice on a person other than the defendant (being a person to whom the infringement notice was issued or on whom it was deemed to have been served):

• (b) authorise the informant to serve on the defendant another copy of the reminder notice or the notice of hearing and, for that purpose, require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:

• (c) grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing immediately if both parties agree, or set it down for a later date:

• (d) set aside or modify the order:

• (e) make any other order as to costs or otherwise that the Judge or Registrar considers appropriate in the circumstances.

(3) If a Registrar considering an application under subsection (1)(a) is satisfied that any of subparagraphs (i) or (iv) to (vii) of subsection (1)(a) applies, the Registrar must not exercise the power conferred by subsection (2)(a) or (b) except with the consent of the informant.

(4) A Registrar may not exercise the power conferred by subsection (2)(d) except where the application is made under subsection (1)(a)(viii) or (1)(b).

(4A) A Judge or Registrar must deal with an application under subsection (1) on the papers unless the Judge or Registrar considers that a hearing is necessary.

(4B) While an application under subsection (1) is pending,—

• (a) no warrant, order, or notice may be issued or take effect to enforce the order to which that application relates; and

• (b) the Registrar must take appropriate steps to ensure that the order is not acted on.

(4C) Despite subsection (4B), if, before an application under subsection (1) is made, any property has been seized under a warrant to seize property to enforce the order to which that application relates,—

• (a) any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3) while the application is pending; or

• (b) if the seized property has been sold but the proceeds of sale have not been applied in accordance with section 100N or 100R, the proceeds must be retained while the application is pending.

(4D) If the order to which the application relates continues in effect after the application is determined or is discontinued, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.

(4E) If, on the determination of the application, the order is set aside or ceases to have effect in accordance with subsection (5), the owner—

• (a) is entitled to—

  • (i) the return of the property if the property has been retained in accordance with subsection (4C)(a); or

  • (ii) the proceeds of any sale if the proceeds have been retained in accordance with subsection (4C)(b); and

• (b) is not liable for any fees and costs payable under an enactment in respect of the property.

(4F) In any case where a Judge or Registrar gives a direction authorising the service of a reminder notice or a copy of a reminder notice under subsection (2)(a) or (b) (a new reminder notice) in replacement of, or by reference to, a previous reminder notice, then—

• (a) section 21(3)(b), (3D)(b), and (10)(a), if applicable to the case, apply as if the reference to the date of service of the reminder notice were a reference to the date of the direction by the Judge or Registrar; and

• (b) section 21(3B), (5)(a), (5A)(a), and (8)(d), if applicable to the case, apply as if the reference to the time when the offence is alleged to have been committed were a reference to the date of the direction by the Judge or Registrar.

(4G) If, under subsection (2)(b), a Judge or Registrar authorises the informant to serve on the defendant a new reminder notice, the defendant may not give notice requesting a hearing in respect of the infringement offence to which the notice relates if the Registrar is satisfied that the notice was filed following the defendant's default in paying 1 or more instalments under an arrangement entered into under section 21(3A) or (3C)(a).

(4H) If, under subsection (2)(d), an order is set aside following an application made by the informant under subsection (1)(b), the setting aside is not a bar to any other proceedings in the same matter.

(5) If a Judge or Registrar exercises a power under subsection (2)(a), (b), or (c), the order made or deemed to have been made against the defendant ceases to have effect and the Registrar must take appropriate steps to ensure that the order is not acted on.

(6) If a defendant granted a hearing or rehearing under this section does not appear, the court may, if it thinks fit, without hearing or rehearing the matter, direct that the original order be restored.

(1) A defendant is not eligible to rely, under section 78B(1)(a)(ii), on the ground that the defendant did not in fact receive a reminder notice if the Registrar is satisfied that the defendant was personally served with the infringement notice to which the reminder notice relates.

(2) However, even though a defendant has been personally served with an infringement notice relating to an infringement offence, subsection (1) does not apply to the defendant if the defendant—

• (a) has entered into an arrangement, under section 21(3A) or (3C)(a), in respect of that infringement offence; and

• (b) following a default in the payment of 1 or more instalments under that arrangement, has been served by ordinary post with a reminder notice in respect of that infringement offence.

(3) In the case of an infringement notice issued for an owner liability offence, the defendant is not eligible to rely on the ground stated in section 78B(1)(a)(ii) unless the Registrar is satisfied that, at the date of the commission of that offence, the defendant complied or was not responsible for complying with any applicable obligations imposed on the defendant by Part 17 of the Land Transport Act 1998 and any regulations made under that Act in respect of the motor vehicle to which the infringement notice relates.

(4) The Registrar must be satisfied of the matters referred to in subsection (3) on the basis of documentary evidence of a kind approved by the Registrar.

(5) In this section, owner liability offence means an offence referred to in section 41A of the Transport Act 1962 or section 133 of the Land Transport Act 1998.

(1) In this Part, unless the context otherwise requires,—

(2) For the purposes of this section and sections 93 to 100T, a person is, in relation to a defendant, a substitute for the defendant or a substitute if—

• (a) the person is served with a written caution, under section 93, about the defendant's default in paying a traffic fine for a traffic offence; and

• (b) within 4 years after the date of service of that written caution, the defendant—

  • (i) commits a further traffic offence while using a motor vehicle that, at the time of the commission of that further offence, the person owned or had an interest in; and

  • (ii) has a traffic fine imposed on him or her for that further traffic offence; and

  • (iii) defaults, and continues to be in default, on the fine described in subparagraph (ii).

(3) For the purposes of sections 93 to 100T, property is owned by a person whether the person owns it solely or as a joint tenant or tenant in common with any other person.

(4) For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.

(5) A reference in sections 93 to 100T to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the person who is registered in respect of the motor vehicle but whose purported ownership or registration is subject to an understanding or arrangement that the person—

• (a) is not to acquire any rights, or only limited rights, in the motor vehicle; and

• (b) will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant.

(1) If a person is required to serve a document under this Part, the requirement may be met in any of the following ways:

• (a) by an authorised process server—

  • (i) delivering the document to the recipient or bringing it to the recipient's notice if the recipient refuses to accept it; or

  • (ii) in the case of a written caution,—

    • (A) leaving the document for the recipient at the recipient's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years; or

    • (B) leaving the document for the recipient at the recipient's place of business or place of work with another person (other than the defendant); or

  • (iii) in any other case,—

    • (A) leaving the document for the recipient at the recipient's place of residence with another person who appears to be of or over the age of 14 years; or

    • (B) leaving the document for the recipient at the recipient's place of business or place of work with another person:

• (b) by sending the document to the recipient by prepaid post addressed to the recipient's last known place of residence or business:

• (c) if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:

• (d) if authorised by regulations made under section 212, by the Registrar or the chief executive conveying, in accordance with those regulations, the contents of the document to the recipient orally (including by telephone).

(2) However, a District Court Judge or Justice or Community Magistrate or the Registrar may, if he or she thinks fit, direct that a document must be served in accordance with subsection (1)(a)(i).

(3) For recipients to whom section 79B applies, subsection (1) is modified to the extent provided by that section.

(4) Despite subsection (1), a written caution under section 93 must be served by an authorised process server in accordance with paragraph (a) of that subsection or, where applicable, section 79B(2)(b) or (4).

(5) In this section and in section 79B,—

• (a) a constable; or

• (b) a Police employee authorised by the Commissioner of Police to serve documents under this Part; or

• (c) an officer of the court; or

• (d) a person or a member of a class of persons authorised by a District Court Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or

• (e) an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part

(1) If a document is served in accordance with this section, it is, for the purposes of section 79A, taken to be served on the recipient concerned.

(2) If the recipient is a body corporate or a Crown organisation, a document may be served—

• (a) if it may be sent under section 79A(1)(b) or (c) by being sent, in accordance with either of those paragraphs, to the body corporate or Crown organisation for the attention of an officer or employee of that body or organisation:

• (b) by an authorised process server delivering the document to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or bringing it to the officer's notice or the employee's notice if that person refuses to accept it.

(3) If a solicitor has signed a memorandum stating that the solicitor is authorised to accept service of a document on behalf of the recipient, the document may be served on the solicitor in any way authorised by section 79A.

(4) In addition to the ways of service authorised by section 79A, an authorised process server may, in the following cases, serve a document by delivering or sending it to, or by leaving it with,—

• (a) in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:

• (b) in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:

• (c) in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison.

(1) If a provision in this Part requires or contemplates that an official notify a person about a matter, without requiring that the person receive a particular document, the official may notify the person face to face or by telephone, or by prepaid post, fax, email, text, or other electronic means.

(2) In this section, official means—

• (a) a Registrar; or

• (b) a bailiff; or

• (c) any other officer of the court; or

• (d) the chief executive; or

• (e) a person authorised by the chief executive.

(1) The service of any document or the notification of a matter may be proved—

• (a) by affidavit or oral evidence made or given by the person who served the document or made the notification, stating the fact, date, time, and mode of service or notification; or

• (b) by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service or notification; or

• (c) in any manner prescribed by regulations.

(2) An endorsement under subsection (1)(b) must be signed by the person who served the document or who made the notification.

(3) Every person who wilfully endorses any false statement of the fact, date, time, or mode of service on a copy of any document or on a computer printout commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

(4) If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.

(5) If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system outside the control of its originator, and in proving service it is sufficient to prove that the document concerned was properly addressed and sent.

(6) In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

Except as otherwise provided in this Act or the Sentencing Act 2002, every fine shall be paid within 28 days after the day on which it is imposed.

(1) If a fine is payable, the court may—

• (a) make an order doing either or both of the following:

  • (i) allowing a greater time than 28 days for payment:

  • (ii) allowing payment to be made by instalments; or

• (b) direct the Registrar to determine whether to enter into an arrangement with the defendant allowing greater time to pay or to pay by instalments, or both, under section 86.

(2) If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)(a) or an arrangement entered into under section 86—

• (a) must include payment of—

  • (i) the reparation:

  • (ii) the levy; and

• (b) must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E.

(3) The court may take into account information received from any source about the defendant's financial capacity before making an order under subsection (1)(a).

(4) If the court makes an order under subsection (1)(a) and the court is subsequently satisfied either that the defendant provided false or misleading information about the defendant's financial capacity before the order was made or that the defendant's financial capacity has changed significantly since the order was made, the court may, after giving the defendant the opportunity to be heard, vary, suspend, or cancel the order.

(1) If a court, on the determination of a complaint, proposes to order that the defendant pay a fine, the court must take into account the defendant's financial capacity, and sections 41 to 43 of the Sentencing Act 2002 apply with any necessary modifications.

(2) If a court is considering making an order under section 81(1)(a) or 83(1), or makes a direction under section 81(1)(b) of this Act or section 36(1)(c) of the Sentencing Act 2002, the court may direct that the defendant make a declaration as to financial capacity (in which case sections 42 to 43 of the Sentencing Act 2002 apply with any necessary modifications).

(1) If a fine is payable, the court may order the defendant to pay the fine immediately if,—

• (a) in the case of a fine that consists of or includes an amount of reparation, the court is satisfied that the defendant has sufficient means to pay the fine immediately; or

• (b) in any other case, the court is satisfied that the defendant has sufficient means to pay the fine immediately and either—

  • (i) the defendant has no fixed place of residence; or

  • (ii) the court is satisfied that, because of the gravity of the offence, the character of the defendant, or other special circumstances, the fine should be paid immediately.

(1A) If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)—

• (a) must require payment of the following at the same time as any other amount payable under the order:

  • (i) the reparation:

  • (ii) the levy; and

• (b) must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E.

(1B) If any order of a Registrar to pay an amount of reparation immediately is not complied with, the Registrar may—

• (a) issue a warrant to seize property in a form approved under section 209A; or

• (b) issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant; or

• (c) refer the matter to a District Court Judge for the Judge to consider whether a warrant of commitment should be issued under subsection (2)(b) (which applies with any necessary modifications).

(2) Where any order to pay a fine immediately is not complied with, the court may—

• (a) direct that a warrant to seize property be issued in a form approved under section 209A; or

• (b) subject to subsection (3A), direct that a warrant of commitment be issued in the prescribed form for the imprisonment of the defendant for a period not exceeding the maximum prescribed by section 90; or

• (c) direct that the Registrar issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.

(2A) Subsection (2)(a) and (b) do not apply if the only amount payable under the order is an offender levy.