22 Powers of court

(1)

In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 102,—

(a)

the court has the same jurisdiction and powers, and must conduct the proceedings in the same manner, as if the proceedings were a committal hearing of an information for an indictable offence alleged to have been committed within the jurisdiction of New Zealand; and

(b)

the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:

(i)

Parts 5 and 5A and sections 203, 204, and 206 of the Summary Proceedings Act 1957:

(ii)

Parts 1 (except sections 9 to 12), 2, and 4 of the Bail Act 2000:

(2)

Despite section 5 of the Summary Proceedings Act 1957, the District Court presided over by Justices or 1 or more Community Magistrates does not have jurisdiction to conduct proceedings under this Part.

(3)

Despite section 46(1) and (2) of the Summary Proceedings Act 1957 (as applied by section 157 of that Act) and section 28(2) of the Bail Act 2000, a decision under this Part to remand a person in custody or on bail may be made only by a Judge.

(4)

The enactments (other than this Act, its provisions, Parts, and regulations made under it) specified in this section must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

Compare: 1965 No 44 s 8(1), (4)

Section 22(1)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 22(1)(b): substituted, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 22(1)(b)(iii): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 22(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 22(3): substituted, on 19 December 2002, by section 6 of the Extradition Amendment Act (No 2) 2002 (2002 No 64).

Section 22(3): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 22(4): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).