This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 10 October 2006 (except regulation 5), amend the Summary Proceedings Regulations 1958 (the principal regulations).
Regulation 5 comes into force on 1 March 2007.
Regulation 4 inserts into regulation 2 of the principal regulations a definition of the term fine. The definition includes any amount that is required to be paid under a sentence of reparation or under any order of reparation as defined in section 145D of the Sentencing Act 2002.
Regulation 5 substitutes a new regulation 15B in the principal regulations which specifies the particulars of a reminder notice referred to in section 21(4) of the Summary Proceedings Act 1957 (the Act).
Regulation 6 amends regulation 15E of the principal regulations to remove the requirement that a person applying to correct irregularities in proceedings for an infringement offence must complete a separate statutory declaration.
Regulation 7 amends regulation 15K of the principal regulations to omit the amount of the fee specified as payable by a defendant for enforcement of a fine. This fee is now included in Schedule 2 of the principal regulations. The amount of the fee is unchanged.
Regulation 8 substitutes a new regulation 15M in the principal regulations. New regulation 15M provides for a receipt to be given for payment of a fine or other sum by the Registrar or other person receiving the payment.
Regulation 9 substitutes the following new forms 10, 26, 27, and 57 in Schedule 1 of the principal regulations:
•new form 10 (reminder notice in respect of infringement offence) is a general form and no longer applies in respect of infringement offence notices issued under the Transport Act 1962, the Land Transport Act 1998, or the Resource Management Act 1991. The reminder notices to be used in respect of those infringement offence notices are separately prescribed under those Acts:
•new form 26 (attachment order where fine remains unpaid) is redrafted to more clearly set out the obligations and liabilities of an employer and to include the option of paying deductions made from a defendant's wages or salary into a Ministry of Justice trust account:
•new form 27 (warrant to arrest defendant for unpaid fine) removes reference to a conviction as most outstanding fines arise from infringement offences, and recognises that warrants can now be issued to bring defendants before a Registrar or a Community Magistrate, as well as a District Court Judge:
•new form 57 (application to correct irregularities in proceedings for infringement offence) is consequential on new section 78B of the Act and the amendment to regulation 15E of the principal regulations. The new form sets out the various grounds on which an application can be made and includes a statutory declaration.