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.