Summary Proceedings Amendment Regulations (No 2) 2007

2007/385

Summary Proceedings Amendment Regulations (No 2) 2007


Note

These regulations are administered by the Ministry of Justice.


  • Preamble

    At Wellington this 10th day of Decmber 2007

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) 2007.

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

3 Principal regulations amended
  • These regulations amend the Summary Proceedings Regulations 1958.

4 Registrar or bailiff may require defendant to supply statement of means
  • Regulation 15F is amended by omitting in a form approved for the purpose by the chief executive of the Ministry of Justice.

5 New regulation 15I substituted
  • Regulation 15I is revoked and the following regulation substituted:

    15I Criteria for determining whether to enter arrangement extending time to pay or for payment by instalments
    • A Registrar or bailiff, when deciding whether to enter into an arrangement under section 86 or 86A of the Act, and a Registrar when deciding whether to cancel an arrangement made under section 86A(1) of the Act, may have regard to—

      • (a) the salary or wages that the defendant is likely to receive:

      • (b) any other money available to the defendant:

      • (c) the defendant's assets and liabilities:

      • (d) the money reasonably required to maintain the defendant and any dependants of the defendant:

      • (e) any provision reasonably required for contingencies:

      • (f) any other circumstances relating the defendant's financial position that the Registrar or bailiff considers relevant.

6 General form of applications
  • Regulation 15P(3) is revoked.

7 Schedule 1 amended
  • (1) Schedule 1 is amended by revoking forms 24, 26, 28, 31A, 32, 32AA, and 32A and substituting the forms 24, 26, 28, 31A, 32, 32AA, and 32A set out in Part 1 of the Schedule of these regulations.

    (2) Schedule 1 is amended by inserting a new form 32B as set out in Part 2 of the Schedule of these regulations.


Schedule
Schedule 1 amended

r 7

1
New forms substituted

Form 24
Warrant of commitment where order for immediate payment of fine not complied with

.

Form 26
Attachment order for unpaid fines

.
.
.
.

Form 28
Warrant of commitment for unpaid fine

.

Form 31A
Order for return of defendant if conditions of section 88(3) order not complied with

.

Form 32
Notice of property seized under warrant

.
.

Form 32AA
Warrant to arrest defendant to determine defendant's financial circumstances

.

Form 32A
Summons to hearing of claim for seized property

.

2
New form 32B inserted

Form 32B
Claim to seized property by person other than defendant

.

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 2008, amend the Summary Proceedings Regulations 1958.

These regulations—

  • remove the requirement that the defendant's statement of means be in a form approved by the chief executive of the Ministry of Justice:

  • provide revised criteria relating to the making or cancelling of arrangements allowing the defendant a greater time to pay a fine or to pay the fine by instalments:

  • revoke forms 24, 26, 28, 31A, 32, 32AA, and 32A and substitute new forms 24, 26, 28, 31A, 32, 32AA, and 32A:

  • insert new form 32B, which relates to a claim to seized property by a person other than a defendant:

  • consequentially revoke regulation 15P(3) as a result of new form 32B.


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

Date of notification in Gazette: 13 December 2007.