Schedule 1AA Transitional, savings, and related provisions

ss 5A, 7A

Schedule 1AA: inserted, on 1 July 2019, by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Part 1 Provisions relating to Oranga Tamariki Legislation Act 2019

Schedule 1AA Part 1: inserted, on 1 July 2019, by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

1 Interpretation

In this Part,—

commencement date means the date on which section 7(4) of the 2017 Act comes into force

proceeding

(a)

means a proceeding that has been commenced by—

(i)

the filing of a charging document; or

(ii)

the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and

(b)

includes an appeal against conviction or sentence.

Schedule 1AA clause 1: inserted, on 1 July 2019, by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

2 Proceeding under way on commencement date against defendant aged 17 years

(1)

This clause applies to any defendant aged 17 years in a proceeding that is under way in the District Court or the High Court on the commencement date.

(2)

The defendant must be dealt with by the court under this Act as if section 7(4) of the 2017 Act had not come into force.

Schedule 1AA clause 2: inserted, on 1 July 2019, by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

3 Proceeding commenced on or after commencement date for offence committed before commencement date

(1)

This clause applies to any defendant aged 17 years in a proceeding that—

(a)

is commenced on or after the commencement date; and

(b)

is for an offence, or an alleged offence, that was committed before the commencement date when the defendant was 17 years of age.

(2)

The defendant must be dealt with by the court under this Act—

(a)

as amended by subpart 1 of Part 2 of the 2017 Act; and

(b)

as further amended by sections 35 and 46 of the 2019 Act.

Schedule 1AA clause 3: inserted, on 1 July 2019, by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Part 2 Provision relating to Courts Matters Act 2018

Schedule 1AA Part 2: inserted, on 29 October 2019, by section 48 of the Courts Matters Act 2018 (2018 No 50).

4 Declaration made under old law continues to be admissible

A declaration containing the statement required by section 82(1)(b) of the principal Act (as it read before the amendments made by section 32 of the Courts Matters Act 2018) continues to be admissible in proceedings on and after the commencement of section 32 of the Courts Matters Act 2018.

Schedule 1AA clause 4: inserted, on 29 October 2019, by section 48 of the Courts Matters Act 2018 (2018 No 50).