Summary Proceedings Amendment Act (No 2) 2008 Commencement Order 2009

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Summary Proceedings Amendment Act (No 2) 2008 Commencement Order 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 11th day of May 2009  

Present:
His Excellency the Governor-General in Council

Pursuant to section 2(1) of the Summary Proceedings Amendment Act (No 2) 2008, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Summary Proceedings Amendment Act (No 2) 2008 Commencement Order 2009.

2 Commencement of Summary Proceedings Amendment Act (No 2) 2008

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings into force, on 29 June 2009, the Summary Proceedings Amendment Act (No 2) 2008, except sections 2, 3, 8 to 11, 13, and 14 (which are already in force).

The Summary Proceedings Amendment Act (No 2) 2008 amends the Summary Proceedings Act 1957, making a number of miscellaneous changes to criminal procedure as well as changing the procedure for committing defendants to trial. Under the new committal regime for indictable criminal proceedings, preliminary hearings are replaced with a new standard committal procedure, which involves presentation of evidence in written form and automatic committal for trial. A committal hearing may be held if the court grants an oral evidence order on the application of either party. The changes to committal procedure have been made in conjunction with the codification of criminal disclosure requirements in the Criminal Disclosure Act 2008.


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

Date of notification in Gazette: 14 May 2009.

This order is administered by the Ministry of Justice.