Criminal Procedure (Consequential Amendments) Regulations 2013

2013/409

Coat of Arms of New Zealand

Criminal Procedure (Consequential Amendments) Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of September 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 409 of the Criminal Procedure Act 2011, His Excellency the Governor-General makes the following regulations, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister of Justice.

Regulations

1 Title
  • These regulations are the Criminal Procedure (Consequential Amendments) Regulations 2013.

2 Commencement
  • These regulations come into force on 4 October 2013.

3 Consequential amendments to enactments made or enacted before 1 July 2013
  • (1) The Acts specified in Part 1 of the Schedule are amended in the manner specified in that Part.

    (2) The regulations specified in Part 2 of the Schedule are amended in the manner specified in that Part.


Schedule
Consequential amendments

r 3

Part 1
Amendments to Acts

Antarctica (Environmental Protection: Liability Annex) Amendment Act 2012 (2012 No 95)

In section 5(1), new section 37C(2), delete summary.

In section 5(1), new section 37D(2), delete on indictment.

Bail Act 2000 (2000 No 38)

In the cross-heading above section 15, delete or committed for trial or sentence.

Climate Change Response Act 2002 (2002 No 40)

In sections 259(2), 260(2), 261(2), 262, and 264(3), delete summary.

In section 263(2), delete on indictment.

In section 266, replace section 14 of the Summary Proceedings Act 1957 with section 25 of the Criminal Procedure Act 2011.

In section 266, replace an information with the limitation period.

In section 266(a), replace may be laid at any time within with ends on the date that is.

In section 266(a), replace time when the matter of the information arose with date on which the offence was committed.

In section 266(b), replace may be commenced at any time within with ends on the date that is.

In section 266(b), replace time when the matter of the information arose with date on which the offence was committed.

Copyright Act 1994 (1994 No 143)

In sections 134B(5), 134ZA(2), and 144I(4), delete summary.

Crown Minerals Act 1991 (1991 No 70)

In sections 101(3A) and 101B(4) and (5), delete summary.

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)

In section 113, replace Section 144 of the Summary Proceedings Act 1957 with Subpart 8 of Part 6 of the Criminal Procedure Act 2011.

In section 113, replace section 107 of the Summary Proceedings Act 1957 with section 300 of the Criminal Procedure Act 2011.

In section 133(3) and (4), delete summary.

In section 136, replace lay an information with file a charging document.

In section 137(1), replace An information with Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period.

In section 137(1), replace may be laid no later than with ends on the date that is.

In section 137(1), replace time when with date on which.

Repeal section 137(3).

In section 149(1), replace Summary Proceedings Act 1957 with Criminal Procedure Act 2011.

In section 149(1)(c), replace section 24 of the Summary Proceedings Act 1957 with rules made under the Criminal Procedure Act 2011.

In section 149(1)(c), replace that section with those rules.

Fisheries Act 1996 (1996 No 88)

In section 113Z(1)(b), replace an information or charge has been laid with a charging document has been filed.

Gas Act 1992 (1992 No 124)

In section 57C(4)(b), replace laying of an information with filing of a charging document.

Land Transport Management Act 2003 (2003 No 118)

In section 146(1), delete summary.

In section 147(1), delete summary.

In section 148, delete summary.

National Animal Identification and Tracing Act 2012 (2012 No 2)

In Schedule 2, in the following clauses, delete summary: 12(7), 13(4), 75(3), 76, 77(2), 78(6), 79(3), 80(2), 81, 82(3) and (4), 83(2), 84(2), and 85(2).

In Schedule 2, clause 39(2), replace section 204 of the Summary Proceedings Act 1957 with section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Procedure Act 2011.

In Schedule 2, clause 39(2), replace provides with provide.

In Schedule 2, clause 39(2), replace does with do.

In Schedule 2, heading to clause 90, replace Period within which information must be laid with Time for filing charging document.

In Schedule 2, clause 90, replace An information with Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a charging document.

In Schedule 2, clause 90, replace laid with filed.

In Schedule 2, clause 90, replace time when the matter giving rise to the information with date on which the matter giving rise to the charge.

Petroleum Demand Restraint Act 1981 (1981 No 12)

In section 12, replace accused with defendant.

Public Works Act 1981 (1981 No 35)

In section 133(9), replace laying of an information with filing of a charging document.

Road User Charges Act 2012 (2012 No 1)

Repeal section 76(1).

In section 76(2), replace section 14 of the Summary Proceedings Act 1957, an information with section 25 of the Criminal Procedure Act 2011, the limitation period.

In section 76(2)(a), replace may be laid at any time within with ends on the date that is.

In section 76(2)(a), replace time when the matter giving rise to the information arose with date on which the offence was committed.

In section 76(2)(b), replace may be laid within with ends on the date that is.

In section 76(2)(b), replace time when the matter giving rise to the information arose with date on which the offence was committed.

In section 81(1)(a), replace summarily under the Summary Proceedings Act 1957 with by filing a charging document under section 14 of the Criminal Procedure Act 2011.

In section 81(2), replace Despite anything in section 21 of the Summary Proceedings Act 1957, with Proceedings commenced in the way described in subsection (1)(a) do not require.

In section 81(2), replace to lay an information is not necessary where an infringement offence is proceeded with summarily with under section 21(1)(a) of the Summary Proceedings Act 1957.

Sale and Supply of Alcohol Act 2012 (2012 No 120)

In section 209(3), replace section 78 of the Summary Proceedings Act 1957 with subpart 8 of Part 6 of the Criminal Procedure Act 2011.

In section 209(3), delete as if the reference in subsection (3) of that section to either party were a reference to any party to the proceedings before the licensing authority.

In section 210(2), replace section 78 of the Summary Proceedings Act 1957 with subpart 8 of Part 6 of the Criminal Procedure Act 2011.

In section 210(2), delete as if the reference in subsection (3) of that section to either party were a reference to any party to the proceedings before the licensing authority.

In section 261(1)(a), replace laying of an information under the Summary Proceedings Act 1957 with filing of a charging document under the Criminal Procedure Act 2011.

In section 278(1), replace lays an information with files a charging document.

In section 278(1), replace the information with the charging document.

In Schedule 2, item relating to the Civil Aviation Act 1990, new section 96(3)(b), delete summary.

Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Act 2012 (2012 No 1 (L))

In section 7(2)(a), replace under the Summary Proceedings Act 1957 with by filing a charging document under section 14 of the Criminal Procedure Act 2011.

Statistics Act 1975 (1975 No 1)

In section 45A(2), delete summary.

Student Loan Scheme Act 2011 (2011 No 62)

In the heading to section 165, replace Charge with Charging document.

In section 165(1), replace A charge with A charging document.

Te Ture Whenua Maori Act 1993 (1993 No 4)

In section 280(7)(h), replace information should be laid with charging document should be filed.

Trade Marks Act 2002 (2002 No 49)

In sections 134B(5), 134ZA(2), and 155J(4), delete summary.

United Nations Act 1946 (1946 No 7)

In section 3(2), replace accused with defendant.

Part 2
Amendments to regulations

Corrections Regulations 2005 (SR 2005/53)

In regulation 186(5), delete and committed.

Electricity (Safety) Regulations 2010 (SR 2010/36)

In the following regulations, delete summary: 13(5), 14(2), 14A(4), 15(3) and (4), 16(2), 17(3) and (4), 18(2), 18A(3), 19(3), 27(5), 28(3), 29(3), 30(2), 31(4), 32(2), 33(7), 34(4) and (5), 35(2), 36(2), 38(4), 40(3) and (4), 41(5), 42(3), 43(3), 44(3), 45(2), 46(2), 56, 58(4), 61A(3), 63(3), 64(2), 69, 73, 73B, 74(4), 74D, 74H, 75(5), (6), and (7), 76(2), 77(2), 78(7), 80(4), 82(1) and (2), 83(4), 84(3), 87(6), 88(3), 89(3), 90(4), 91(4) and (5), 107, 110(5), and 111C.

Engine Fuel Specifications Regulations 2011 (SR 2011/352)

In regulation 22, delete summary.

Futures Contracts (NZCDC Settlement System and NZX Derivatives Market) Exemption Notice 2010 (SR 2010/304)

In clause 6(f)(iii), replace an indictable offence with an offence punishable by 2 or more years' imprisonment.

Gas (Safety and Measurement) Regulations 2010 (SR 2010/76)

In the following regulations, delete summary: 9(6), 10(3), 14A(4), 15(2), 16(4), 17(2), 18(2), 19(3), 21(5), 22(6), (7), and (8), 23(3), 25(3), 26(4), 27(4), 28(3) and (4), 40, 41(5), 42(3), 43(4), 44(6), 45(2), 50, 52, 52A(6), 52C(2), 52F, 52J, 53(4), 54(4) and (5), 56, 58(1), (2), and (3), 59(5), 60(3), 63(6), 66(3), 68, 70(5), 71(3), 72(3) and (4), 73(3), 74(4), 75(2), 76(6), 77(7), 78(8), 79(3) and (4), 80(3), 81(3), 82(3), 83(4) and (5), 84(5), 85C, 86(5), 88(2), 89, and 96(3).

Land Transport (Infringement and Reminder Notices) Regulations 2012 (SR 2012/111)

In the following paragraphs, after under, insert the Criminal Procedure Act 2011 or:

Social Security (Income and Cash Assets Exemptions) Regulations 2011 (SR 2011/287)

In regulation 36, definition of crime, replace paragraphs (a) and (b) with:

  • (a) is liable on conviction to imprisonment for life or to imprisonment for more than 3 months; or

  • (b) would have been liable on conviction to imprisonment for life or to imprisonment for more than 3 months but for circumstances (for example, where the offender has died).

Te Waikoropupū Springs Scenic Reserve Bylaws 2011 (SR 2011/296)

In bylaw 20, delete summary.

Waikato-Tainui (Waikato River Fisheries) Regulations 2011 (SR 2011/294)

In regulation 27(1) and (2), delete summary.

Rebecca Kitteridge,
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 4 October 2013, are made under the Criminal Procedure Act 2011 (the Act). They amend enactments made or enacted before 1 July 2013, by omitting or modifying specified references, to make the enactments consistent with the Act.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 October 2013.

These regulations are administered by the Ministry of Justice.