Summary Proceedings Amendment Regulations (No 2) 2006

2006/396

Summary Proceedings Amendment Regulations (No 2) 2006


Note

These regulations are administered by the Ministry of Justice.


  • Preamble

    At Wellington this 18th day of December 2006

Pursuant to section 212 of the Summary Proceedings Act 1957, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Summary Proceedings Amendment Regulations (No 2) 2006.

2 Commencement
  • These regulations come into force on 1 March 2007.

3 Principal regulations amended
4 Fees, allowances, and expenses
  • Regulation 4 is amended by inserting the following subclause after subclause (1A):

    • (1B) The Secretary for Justice may permit a person or class of persons to pay any fees due under these regulations in respect of the provision of particulars of a reminder notice that is deemed to have been filed in a Court under section 21(4C) of the Act, in accordance with a credit arrangement.

5 New regulation 15BA inserted
  • The following regulation is inserted after regulation 15B:

    15BA Request to Court for certain electronically created records
    • (1) A computer printout of the particulars of a reminder notice that is deemed to have been filed in a Court under section 21(4C) of the Act may be given to any person who the Registrar is satisfied has a genuine and proper interest in obtaining the printout.

      (2) In any case of doubt or difficulty the Registrar may refer the matter to a District Court Judge, whose decision is final.

6 Costs payable by defendant in respect of infringement offence
  • Regulation 15C(1) is amended by omitting deemed by section 21(5) of the Act to have been made, or is taken under section 21(5A) as having been made, and substituting deemed to have been made under section 21(5) or (5A) of the Act.

7 Certain Court fees relating to infringement offences payable by local authorities, etc
  • Regulation 15D is amended by inserting , or providing particulars of a reminder notice that is deemed to have been filed in a Court under section 21(4C) of the Act, after reminder notice.

8 New forms substituted in Schedule 1
  • Schedule 1 is amended by revoking forms 23 and 25 and substituting the forms 23 and 25 set out in the Schedule of these regulations.

9 Schedule 2 amended
  • Schedule 2 is amended by inserting the following item after item 2:

    (2A)Providing particulars of a reminder notice in respect of an infringement offence where the reminder notice is deemed to have been filed in a Court under section 21(4C) of the Act30

Schedule
New forms substituted in Schedule 1

r 8

Form 23
Warrant to seize property where order for immediate payment of fine has not been complied with

.

Form 25
Warrant to seize property for unpaid fine

.

Rebecca Kitteridge,

for 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 1 March 2007, make changes to the Summary Proceedings Regulations 1958 needed to implement the introduction of electronic provision, by enforcement agencies to the Ministry of Justice, of information about unpaid infringement fees.

Minor amendments are also made to the 2 prescribed forms for warrants to seize, to reflect amendments in the Summary Proceedings Amendment Act 2006 relating to the delivery and storage of seized property and the electronic transmission of these warrants.


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

Date of notification in Gazette: 21 December 2006.