Community Magistrates Regulations 1998

Reprint
as at 21 August 1998

Crest

Community Magistrates Regulations 1998

(SR 1998/234)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 17th day of August 1998

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.


Pursuant to section 123 of the District Courts Act 1947, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Community Magistrates Regulations 1998.

    (2) These regulations come into force on 21 September 1998.

2 Publicity
  • Where it is proposed to appoint a Community Magistrate (other than the Chief Community Magistrate), the Secretary for Justice must, by such publicity as the Secretary for Justice considers appropriate, give notice of—

    • (a) the proposal to appoint a Community Magistrate; and

    • (b) the manner in which any person wishing to be appointed as a Community Magistrate may apply to be appointed; and

    • (c) the manner in which applications are to be processed.

3 Assessment of applicants for appointment
  • The Secretary for Justice (or such persons as the Secretary for Justice nominates for the purpose) must—

    • (a) assess the applicants for appointment as Community Magistrates; and

    • (b) include on a short list the names of the applicants who are to be interviewed.

4 Panel
  • (1) The interviews must be conducted by a panel consisting of—

    • (a) the Secretary for Justice or his or her nominee:

    • (b) the Chief District Court Judge or a District Court Judge nominated by the Chief District Court Judge:

    • (c) the Chief Community Magistrate:

    • (d) the President of the New Zealand Law Society or his or her nominee.

    (2) The Secretary for Justice must convene the panel.

    (3) The quorum necessary for the transaction of business at any meeting of a panel is 2 members, one of whom must be the Chief District Court Judge or his or her nominee or the Chief Community Magistrate.

5 Recommendations of panel
  • When the panel has completed its assessment of the applicants, the panel must give to the Minister of Justice the names of those applicants whom the panel considers provisionally to be persons qualified for appointment as Community Magistrates and must recommend that the Minister of Justice approve those persons as persons suitable to undertake a course of training.

6 Course of training
  • The persons approved pursuant to the recommendation made under regulation 5 must, before being designated under regulation 7 as persons qualified for appointment as Community Magistrates, complete satisfactorily a course of training, approved by the Chief District Court Judge, in relation to the discharge of the duties of a Community Magistrate.

7 Designations
  • (1) Where the Chief District Court Judge certifies that a person approved pursuant to the recommendation made under regulation 5 has completed the course of training satisfactorily, the Secretary for Justice must report to the Minister of Justice that that person has been designated as a person qualified for appointment as a Community Magistrate.

    (2) Where the Chief District Court Judge certifies that a person approved pursuant to the recommendation made under regulation 5 has not completed the course of training satisfactorily, the Secretary for Justice must inform that person accordingly.

8 Advice of Minister
  • The Minister of Justice must consider the names of the persons designated under regulation 7(1) as persons qualified for appointment as Community Magistrates and must advise the Governor-General which of those persons the Minister of Justice recommends for appointment as Community Magistrates.

9 Procedure
  • Subject to these regulations, the panel convened under regulation 4 may regulate its procedure in such manner as it thinks fit.

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 21 September 1998, specify the manner in which persons may be designated as persons qualified for appointment as Community Magistrates. These regulations do not apply in relation to the Chief Community Magistrate.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 August 1998.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Community Magistrates Regulations 1998. The reprint incorporates all the amendments to the regulations as at 21 August 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)