Summary Proceedings Amendment Act 2010

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Summary Proceedings Amendment Act 2010

Public Act2010 No 87
Date of assent6 July 2010
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Summary Proceedings Amendment Act 2010.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 Withdrawal of information by prosecutor
  • Section 158(2)(b) is amended by omitting 13A(6)(d) of the Evidence Act 1908 and substituting 109(1)(d) of the Evidence Act 2006.

5 Provision for person in custody to be present at taking of statement
  • (1) Section 166(a) is amended by omitting Superintendent of the penal institution and substituting manager of the prison.

    (2) Section 166(b) is amended by omitting Superintendent and substituting manager.

6 Application of provisions of Part 2
7 High Court Judge must determine trial Court in certain cases
  • Section 184Q(6) is amended by omitting 13C of the Evidence Act 1908 and substituting 112 of the Evidence Act 2006.

8 Dealing with defendant committed for trial or for sentence
  • (1) Section 184T(3) is amended by omitting psychiatric hospital and substituting hospital or secure facility.

    (2) Section 184T is amended by repealing subsection (4) and substituting the following subsections:

    • (4) Before making an order under subsection (3), the District Court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—

      • (a) the defendant is mentally impaired; and

      • (b) the defendant's mental condition requires that, in the defendant's own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.

    • (5) In subsections (3) and (4),—

      • (a) health assessor has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:

      • (b) hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

      • (c) secure facility has the same meaning as in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

9 Child complainant's evidence may be given by video record
  • Section 185D(2) is amended by omitting 185C(1) and substituting 185C(2).


Legislative history

29 June 2010Divided from Statutes Amendment Bill by committee of the whole House, third reading
6 July 2010Royal assent

This Act is administered by the Ministry of Justice.