New Zealand Legislation: Regulations
Regulations are laws made under Acts
Add to web feed 2009/310
Anand Satyanand, Governor-General
At Wellington this 19th day of October 2009
Present:
His Excellency the Governor-General in Council
Pursuant to section 51C of the Judicature Act 1908, section 409 of the Crimes Act 1961, section 211 of the Summary Proceedings Act 1957, and section 122 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice, the Chief District Court Judge, and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court and at least 1 was a District Court Judge), makes the following rules.
These rules are the Criminal Proceedings (Access to Court Documents) Amendment Rules 2009.
These rules come into force on 1 December 2009.
These rules amend the Criminal Proceedings (Access to Court Documents) Rules 2009.
(1) Paragraph (b)(iii) of the definition of criminal proceeding in rule 3 is amended by adding “(including, without limitation, any proceedings of the kind specified in paragraph (c)(vii))”
.
(2) Paragraph (c)(vii) of the definition of criminal proceeding in rule 3 is amended by omitting “Proceeds of Crime Act 1991”
and substituting “sections 142A to 142Q of the Sentencing Act 2002”
.
Rebecca Kitteridge,
Clerk of the Executive Council.
This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 December 2009, amend the Criminal Proceedings (Access to Court Documents) Rules 2009. The amendment makes it clear that those rules apply to sentencing proceedings relating to conviction-based instrument forfeiture orders under sections 142A to 142Q of the Sentencing Act 2002. Proceedings under the Criminal Proceeds (Recovery) Act 2009 are, by contrast, under section 10(1) of that Act, generally civil proceedings. Access to court documents relating to those civil proceedings is, therefore, governed by the relevant provisions of the High Court Rules and District Courts Rules 2009.
Date of notification in Gazette: 22 October 2009.
These rules are administered by the Ministry of Justice.
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