Summary Proceedings (Electronic Transactions) Rules 2007

  • revoked
  • Summary Proceedings (Electronic Transactions) Rules 2007: revoked, on 13 February 2012, by clause 3 of the Summary Proceedings (Electronic Transactions) Rules Revocation Order 2011 (SR 2011/400).

Reprint
as at 13 February 2012

Coat of Arms of New Zealand

Summary Proceedings (Electronic Transactions) Rules 2007

(SR 2007/384)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 10th day of December 2007

Present:
His Excellency the Governor-General in Council

  • Summary Proceedings (Electronic Transactions) Rules 2007: revoked, on 13 February 2012, by clause 3 of the Summary Proceedings (Electronic Transactions) Rules Revocation Order 2011 (SR 2011/400).


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.

The Summary Proceedings (Electronic Transactions) Rules 2007 are administered by the Ministry of Justice.


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 rules.

Rules

1 Title
  • These rules are the Summary Proceedings (Electronic Transactions) Rules 2007.

2 Commencement
  • These rules come into force on 1 March 2008.

3 Interpretation
  • In these rules, unless the context otherwise requires,—

    Registrar means a Registrar or Deputy Registrar of a District Court.

4 Requirements relating to variation, etc, of arrangements extending time to pay fine or attachment order
  • (1) A requirement under section 86B(2)(a) of the Act that a defendant's agreement to the variation, suspension, or cancellation proposed by the Registrar must be in writing may be met in electronic form in accordance with section 18 of the Electronic Transactions Act 2002.

    (2) Any of the following requirements to give information in writing may be met by giving the information in electronic form in accordance with section 20 of the Electronic Transactions Act 2002:

    • (a) a requirement under section 86B(5)(a) of the Act that the Registrar serve on the defendant a written notice—

      • (i) setting out the action (variation, suspension, or cancellation of an arrangement extending the time to pay a fine or an attachment order) that the Registrar proposes to take and the reasons for the action; and

      • (ii) indicating that the defendant may make a written submission to the Registrar as to why the Registrar should not take the proposed action and that this submission must be received by the Registrar within 10 working days after the date of the notice:

    • (b) a requirement under section 86B(7)(a)(ii) of the Act that the Registrar serve on the defendant a further written notice specifying the date on which the variation, suspension, or cancellation of an arrangement extending the time to pay takes effect.

    (3) Any written submissions that the defendant may make to the Registrar in response to a notice served under section 86B(5)(a) of the Act may be given in electronic form in accordance with section 20 of the Electronic Transactions Act 2002.

5 Requirements relating to attachment order information requests
  • (1) Any of the following requirements to give information in writing may be met by giving the information in electronic form in accordance with section 20 of the Electronic Transactions Act 2002:

    • (a) a requirement under section 87AA(1) of the Act that an attachment order beneficiary information request must be made by notice in writing:

    • (b) a requirement under section 104A(1A) of the Act that an attachment order employer information request must be made by notice in writing.

    (2) In this rule,—

    attachment order beneficiary information request means a request—

    • (a) made to the chief executive by a Registrar, under section 87AA(1) of the Act, and in respect of a defendant; and

    • (b) requiring the chief executive to provide the Registrar with the information (relating to the defendant) specified in section 87AA(2) of the Act that is known to the chief executive; and

    • (c) made by a notice on receipt of which the chief executive must, under section 87AA(3A) of the Act, if the defendant has died and the chief executive is aware of that fact, advise the Registrar accordingly

    attachment order employer information request means a request—

    • (a) made to the commissioner by a Registrar, under section 104A(1A) of the Act, and in respect of a defendant; and

    • (b) requiring the commissioner to provide the Registrar with the name, address, and telephone number of the employer of the defendant, or any of those details, because all or any of those details are unknown or require clarification; and

    • (c) made by a notice on receipt of which the commissioner must, under section 104A(3) of the Act, if the defendant has died and the commissioner is aware of that fact, advise the Registrar accordingly

    chief executive means the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964

    commissioner means the Commissioner of Inland Revenue.

6 Revocation

Rebecca Kitteridge,
for Clerk of the Executive Council.


Explanatory note

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

These rules, which are made under the Summary Proceedings Act 1957 (the Act), come into force on 1 March 2008. They revoke and replace the Summary Proceedings (Electronic Transactions) Rules 2006.

Rule 3 defines certain terms used in these rules.

Rule 4 relates to section 86B of the Act. Section 86B establishes the circumstances and procedure by which the Registrar of a District Court (the Registrar) may vary, suspend, or cancel an arrangement extending the time to pay a fine or an attachment order.

Rule 4(1) enables the requirement under section 86B(2)(a) of the Act that the defendant's agreement (to the variation, suspension, or cancellation proposed by the Registrar) be in writing to be met if the defendant's agreement is in electronic form in accordance with section 18 of the Electronic Transactions Act 2002.

Rule 4(2) enables the following requirements to give information in writing to be met in electronic form in accordance with section 20 of the Electronic Transactions Act 2002:

  • the written notice that the Registrar must serve on the defendant under section 86B(5)(a) of the Act before varying, suspending, or cancelling an arrangement extending the time to pay a fine or an attachment order:

  • the further written notice that the Registrar must serve on the defendant under section 86B(7)(a)(ii) of the Act specifying the date that the proposed action takes effect.

Rule 4(3) enables the defendant's written submissions to the Registrar (in response to the notice served under section 86B(5)(a)) to be given in electronic form in accordance with section 20 of the Electronic Transactions Act 2002.

Rule 5 enables the Registrar to request information electronically in connection with the making of attachment orders against defendants under the Act. The Registrar may do so in 2 situations.

The first is under section 87AA of the Act. That section enables the Registrar to request information about a defendant from the chief executive of the Ministry of Social Development. The information includes information about the amount and type of any benefit paid to the defendant, and the residential address and residential telephone number of the defendant. The second is under section 104A of the Act. Under that section, the Registrar may request the Commissioner of Inland Revenue to provide the name, address, and telephone number of the defendant's employer.


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

Date of notification in Gazette: 13 December 2007.


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 Summary Proceedings (Electronic Transactions) Rules 2007. The reprint incorporates all the amendments to the Summary Proceedings (Electronic Transactions) Rules 2007 as at 13 February 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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/legislation/reprints.shtml or Part 8 of the Tables of 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)