Summary Proceedings Regulations 1958

Reprint as at 14 November 2018

Coat of Arms of New Zealand

Summary Proceedings Regulations 1958

(SR 1958/38)

Cobham, Governor-General

Order in Council

At the Government Buildings at Wellington this 17th day of March 1958

Present:
The Hon C F Skinner, MC, presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Justice.

Pursuant to the Summary Proceedings Act 1957, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1
2Interpretation
3Forms
4Fees, allowances, and expenses
5Application of regulations 6 to 14B [Revoked]
Procedure for taking evidence under section 31, 32, and 174 of the Act
[Revoked]
6 [Revoked]
7 [Revoked]
8 [Revoked]
9 [Revoked]
10 [Revoked]
11Summonses to witnesses [Revoked]
12 [Revoked]
13Signature and disposal of depositions [Revoked]
14Non-appearance of person on whose behalf examination held [Revoked]
14AProcedural requirements if oral evidence to be taken other than at committal hearing [Revoked]
14BConduct of examination if oral evidence taken other than at committal hearing [Revoked]
15Safe custody of property where operation of restitution order suspended [Revoked]
Order for detention in psychiatric hospital pending trial
15AOrder for detention in psychiatric hospital pending trial [Revoked]
Infringement offences
15BReminder notice for infringement offence
15BARequest to court for certain electronically created records
15CCosts payable by defendant in respect of infringement offence
15DCourt fee relating to infringement offences payable by local authorities, etc
15EApplications for correction of irregularities in proceedings for infringement offences [Revoked]
Enforcement of penalties
15FRegistrar or bailiff may require declaration of financial capacity
15GDeclaration of financial capacity
15HDefault in payment of sum adjudged to be paid on conviction [Revoked]
15ICriteria for determining whether to enter, vary, suspend, or cancel arrangement extending time to pay or for payment by instalments
15JNotice of decision on application for extension of time [Revoked]
15KFee and expenses in respect of enforcement of fine
15LOrders for sentences of community work, community detention, or home detention
15MReceipt for payment of fine, etc
15NManager’s receipt for prisoner [Revoked]
15ONotice of payment of fine if defendant imprisoned, etc [Revoked]
15PGeneral form of applications [Revoked]
15QTransmission of criminal record relating to breach of protection or restraining order [Revoked]
15RTransmission of criminal record relating to other offences involving domestic violence or harassment [Revoked]
15SResult of appeal to be notified to court receiving copy of criminal record [Revoked]
15TInformation about criminal proceedings in domestic violence proceedings [Revoked]
15UInformation about criminal proceedings in harassment proceedings [Revoked]
16Revocations
Schedule 1
Forms
Schedule 2
Court fees
[Revoked]
Schedule 3
Traffic offences for the purposes of section 21 of the Summary Proceedings Act 1957
[Revoked]
Schedule 4
Regulations and orders revoked
Gazette Information
Reprint notes

Regulations

1

(1)

These regulations may be cited as the Summary Proceedings Regulations 1958.

(2)

These regulations shall come into force on 1 April 1958.

2 Interpretation

In these regulations, unless the context otherwise requires,—

declaration of financial capacity means, in relation to a person, a declaration containing the information described in regulation 15G.

Expressions defined in the Act have the meanings so defined.

Regulation 2 heading: inserted, on 1 July 1996, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).

Regulation 2 court of hearing: revoked, on 1 July 2013, by regulation 4 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 2 declaration of financial capacity: inserted, on 13 February 2012, by regulation 4(2) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Regulation 2 deposition: revoked, on 1 July 2013, by regulation 4 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 2 domestic violence: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

Regulation 2 domestic violence offence: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

Regulation 2 examining court: revoked, on 1 July 2013, by regulation 4 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 2 examining Registrar: revoked, on 1 July 2013, by regulation 4 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 2 fine: revoked, on 13 February 2012, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Regulation 2 harrassment offence: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

Regulation 2 hearing: revoked, on 29 June 2009, by regulation 4(5) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Regulation 2 information: revoked, on 1 July 2013, by regulation 4 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 2 protection order: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

Regulation 2 relevant court: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

Regulation 2 restraining order: revoked, on 1 July 2013, by regulation 9(2) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

3 Forms

The forms in Schedule 1, or forms to the like effect, may be used, with or without additional information required for identification or other official purposes included, and with any variations that the circumstances may require, in proceedings under the Act to which those forms refer.

Regulation 3: replaced, on 30 June 2002, by regulation 3 of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

4 Fees, allowances, and expenses

(1)

There shall be paid in respect of the several matters specified in Schedule 2 the respective court fees set out in that schedule.

(1A)

The fees prescribed by these regulations are inclusive of goods and services tax.

(1B)

The Secretary for Justice may permit a person or class of persons to pay any fees due under these regulations in respect of the provision of particulars of a reminder notice that is deemed to have been filed in a court under section 21(4C) of the Act, in accordance with a credit arrangement.

(2)

[Revoked]

Regulation 4 heading: inserted, on 1 January 1998, by regulation 2 of the Summary Proceedings Amendment Regulations 1997 (SR 1997/322).

Regulation 4(1A): inserted, on 1 January 1998, by regulation 2 of the Summary Proceedings Amendment Regulations 1997 (SR 1997/322).

Regulation 4(1B): inserted, on 1 March 2007, by regulation 4 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

Regulation 4(2): revoked, on 1 July 2013, by regulation 5 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

5 Application of regulations 6 to 14B
[Revoked]

Regulation 5: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Procedure for taking evidence under section 31, 32, and 174 of the Act[Revoked]

Heading: revoked, on 1 July 2013, pursuant to regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

6
[Revoked]

Regulation 6: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

7
[Revoked]

Regulation 7: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

8
[Revoked]

Regulation 8: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

9
[Revoked]

Regulation 9: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

10
[Revoked]

Regulation 10: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

11 Summonses to witnesses
[Revoked]

Regulation 11: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

12
[Revoked]

Regulation 12: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

13 Signature and disposal of depositions
[Revoked]

Regulation 13: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

14 Non-appearance of person on whose behalf examination held
[Revoked]

Regulation 14: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

14A Procedural requirements if oral evidence to be taken other than at committal hearing
[Revoked]

Regulation 14A: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

14B Conduct of examination if oral evidence taken other than at committal hearing
[Revoked]

Regulation 14B: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15 Safe custody of property where operation of restitution order suspended
[Revoked]

Regulation 15: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Order for detention in psychiatric hospital pending trial

Heading: revoked, on 1 July 2013, pursuant to regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15A Order for detention in psychiatric hospital pending trial
[Revoked]

Regulation 15A: revoked, on 1 July 2013, by regulation 6 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Infringement offences

Heading: replaced, on 1 July 2013, by regulation 7 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15B Reminder notice for infringement offence

(1)

The particulars of a reminder notice referred to in section 21(4)(a) of the Act are—

(a)

the number of the reminder notice; and

(b)

the name and address of the informant; and

(c)

the full name and full address of the defendant; and

(d)

details of the alleged infringement offence, including the date, time, place of the offence, the enactment and provision contravened, and the registration number of the vehicle (if any) used in the offence; and

(e)

the infringement fee, or the amount of the infringement fee remaining unpaid, other fees, and any other penalties specified in respect of the alleged offence; and

(f)

the name or number (if any) of the officer who issued the infringement notice.

(2)

The particulars of a reminder notice referred to in section 21(4)(b) of the Act are—

(a)

the date and method of service of the infringement notice; and

(b)

the date and method of service of the reminder notice; and

(c)

the full address or, in the case of a reminder notice served electronically in accordance with section 24(1)(e) of the Act, the electronic address at which the reminder notice was served.

(3)

The particulars of a reminder notice referred to in section 21(4)(c) of the Act are—

(a)

the defendant’s date of birth; and

(b)

the defendant’s gender; and

(c)

the defendant’s occupation; and

(d)

the defendant’s telephone number or numbers; and

(e)

the defendant’s driver licence number (if a vehicle was used in the offence).

(4)

The particulars specified in subclause (3) apply only if known.

(5)

The particular specified in subclause (3)(e) applies only if relevant.

Regulation 15B: replaced, on 1 March 2007, by regulation 5 of the Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Regulation 15B(2)(c): amended, on 1 August 2012, by regulation 4 of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).

15BA Request to court for certain electronically created records

(1)

A computer printout of the particulars of a reminder notice that is deemed to have been filed in a court under section 21(4C) of the Act may be given to any person who the Registrar is satisfied has a genuine and proper interest in obtaining the printout.

(2)

In any case of doubt or difficulty the Registrar may refer the matter to a District Court Judge, whose decision is final.

Regulation 15BA: inserted, on 1 March 2007, by regulation 5 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

15C Costs payable by defendant in respect of infringement offence

(1)

Where an order is deemed to have been made under section 21(5) or (5A) of the Act against the defendant in respect of an infringement offence, the amount payable by the defendant as costs under the order is $30.

(2)

Where a defendant is found guilty of, or pleads guilty to, an infringement offence for which an infringement notice has been issued, the amount that the defendant must be ordered by the court to pay as costs under section 21(9) of the Act is $30.

Regulation 15C: replaced, on 1 November 1998, by regulation 3 of the Summary Proceedings Amendment Regulations (No 5) 1998 (SR 1998/329).

Regulation 15C(1): amended, on 1 March 2007, by regulation 6 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

15D Court fee relating to infringement offences payable by local authorities, etc

Notwithstanding the provisions of section 207(3) of the Act, the court fee prescribed in Schedule 2 for providing particulars of a reminder notice that is deemed to have been filed in a court under section 21(4C) of the Act, in respect of an infringement offence shall be payable where the informant is a local authority or other organisation that, under section 73 of the Public Finance Act 1989, is entitled to payment of a proportion of fines recovered.

Regulation 15D heading: amended, on 1 July 2013, by regulation 8(1) of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 15D: replaced, on 1 November 1987, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15D: amended, on 1 July 2013, by regulation 8(2) of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Regulation 15D: amended, on 1 August 2012, by regulation 5 of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).

Regulation 15D: amended, on 1 March 2007, by regulation 7 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

15E Applications for correction of irregularities in proceedings for infringement offences
[Revoked]

Regulation 15E: revoked, on 1 August 2012, by regulation 6 of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).

Enforcement of penalties

Heading: inserted, on 1 July 2013, by regulation 9 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15F Registrar or bailiff may require declaration of financial capacity

(1)

The Registrar may, before entering into an arrangement with a defendant or a representative of the defendant under section 86 of the Act, require from that person a declaration of financial capacity.

(2)

A bailiff may, before entering into an arrangement with a defendant or a representative of the defendant under section 86C of the Act, require from that person a declaration of financial capacity.

Regulation 15F: replaced, on 13 February 2012, by regulation 5 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15G Declaration of financial capacity

A declaration of financial capacity must contain information about all of the person’s sources of income, assets, liabilities, and outgoings, including, without limitation,—

(a)

salary and wages:

(b)

benefits and pensions:

(c)

commissions:

(d)

interest and dividends:

(e)

income from rental property:

(f)

ownership of real estate:

(g)

vehicle ownership:

(h)

ownership of other property:

(i)

income and realisable assets that the person does not currently have but which it is anticipated that the person will receive during the 12 months following the date of giving the declaration:

(j)

debts:

(k)

essential outgoings of the person and his or her dependants.

Regulation 15G: replaced, on 13 February 2012, by regulation 5 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15H Default in payment of sum adjudged to be paid on conviction
[Revoked]

Regulation 15H: revoked, on 1 November 1998, by regulation 8 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

15I Criteria for determining whether to enter, vary, suspend, or cancel arrangement extending time to pay or for payment by instalments

(1)

This regulation applies if—

(a)

a Registrar is deciding whether to enter into an arrangement under section 86 of the Act; or

(b)

a Registrar is deciding whether to vary, suspend, or cancel an arrangement under section 86A of the Act; or

(c)

a bailiff is deciding whether to enter into an arrangement under section 86C of the Act; or

(d)

a bailiff is making a determination under section 86D of the Act.

(2)

If this regulation applies, the Registrar or bailiff (as the case may require)—

(a)

must, for the purposes of assessing the financial position of the defendant or, if the case requires, the defendant’s representative, consider any information provided in a declaration of financial capacity given by that person; and

(b)

may have regard to any other circumstances relating to the financial position of the defendant or the defendant’s representative that the Registrar or bailiff considers relevant.

Regulation 15I: replaced, on 13 February 2012, by regulation 6 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15J Notice of decision on application for extension of time
[Revoked]

Regulation 15J: revoked, on 1 November 1998, by regulation 10 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

15K Fee and expenses in respect of enforcement of fine

(1)

Subject to the other provisions of this regulation, if a defendant defaults in the payment of a fine and as a consequence a warrant is issued, an attachment order is made, a sentence is imposed, a statutory land charge is registered, or a deduction notice is issued under any of sections 83(1B) and (2), 87(2) and (2A), and 88AE(1) of the Act, or a sale order is made under section 88AE(1)(ab) of the Act,—

(a)

the fee specified in Schedule 2 is payable by the defendant in respect of the enforcement of the fine; but

(b)

no more than 1 amount is payable under this subclause in respect of the enforcement of the same fine.

(2)

A court, District Court Judge, Community Magistrate, Registrar, or the chief executive, may, if satisfied that it is appropriate to do so in the circumstances, waive the payment by a defendant of the fee under subclause (1).

(3)

Where the court or Judge or Community Magistrate directing the issue of a warrant of commitment or imposing a sentence pursuant to section 83(2) or section 88AE(1) of the Act is satisfied that the defendant does not have the means to pay the fine, the court or Judge or Community Magistrate shall waive the payment of the fee under subclause (1) of this regulation in respect of that action.

(4)

Where property is seized under a warrant to seize property issued for default in the payment of a fine, the defendant shall be liable to pay, in addition to any fee payable under subclause (1), such amount as the Registrar may certify in respect of expenses reasonably incurred in seizing, removing, transporting, or storing the property, or selling, assigning, applying, auctioning, or otherwise disposing of or releasing the property.

Regulation 15K: inserted, on 1 November 1987, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Regulation 15K heading: replaced, on 1 November 1998, by regulation 11 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 15K(1): replaced, on 13 February 2012, by regulation 7(1) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Regulation 15K(1): amended, on 14 November 2018, by section 90 of the Courts Matters Act 2018 (2018 No 50).

Regulation 15K(2): amended, on 14 November 2018, by section 90 of the Courts Matters Act 2018 (2018 No 50).

Regulation 15K(2): amended, on 1 November 1998, by regulation 11(2) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 15K(3): amended, on 13 February 2012, by regulation 7(2) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Regulation 15K(3): amended, on 1 November 1998, by regulation 11(3) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 15K(4): amended, on 13 February 2012, by regulation 7(3) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15L Orders for sentences of community work, community detention, or home detention

If a defendant is sentenced to community work, community detention, or home detention under section 88AE(1) of the Act, the Registrar must immediately ensure that an order recording the sentence is served personally on the defendant.

Regulation 15L: replaced, on 30 June 2002, by regulation 4 of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Regulation 15L heading: amended, on 1 October 2007, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).

Regulation 15L: amended, on 13 February 2012, by regulation 8 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Regulation 15L: amended, on 1 October 2007, by regulation 4(2) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).

15M Receipt for payment of fine, etc

(1)

Subclause (2) applies to a sum levied by or paid to any constable or a bailiff under a warrant.

(2)

The constable or the bailiff who receives any amount in or towards payment of the sum described in subclause (1) must give to the defendant or the person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount.

(3)

Subclause (4) applies to a sum paid in or towards a court fee, fine, costs, or other money payable on a charging document or on a conviction or order made by a court.

(4)

The following persons must, on receiving any amount in or towards payment of the sum described in subclause (3), give to the defendant or other person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount:

(a)

if the amount is paid to the Registrar, the Registrar; or

(b)

if the amount is paid to a person nominated under section 208(2)(b) of the Act, that person.

(5)

Subclause (4) does not apply if a receipt has already been given under subclause (2).

Regulation 15M: replaced, on 10 October 2006, by regulation 8 of the Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Regulation 15M(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Regulation 15M(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Regulation 15M(3): amended, on 1 July 2013, by regulation 10 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15N Manager’s receipt for prisoner
[Revoked]

Regulation 15N: revoked, on 1 July 2013, by regulation 11 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15O Notice of payment of fine if defendant imprisoned, etc
[Revoked]

Regulation 15O: revoked, on 13 February 2012, by regulation 9 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15P General form of applications
[Revoked]

Regulation 15P: revoked, on 1 July 2013, by regulation 11 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

15Q Transmission of criminal record relating to breach of protection or restraining order
[Revoked]

Regulation 15Q: revoked, on 1 July 2013, by regulation 9(3) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

15R Transmission of criminal record relating to other offences involving domestic violence or harassment
[Revoked]

Regulation 15R: revoked, on 1 July 2013, by regulation 9(3) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

15S Result of appeal to be notified to court receiving copy of criminal record
[Revoked]

Regulation 15S: revoked, on 1 July 2013, by regulation 9(3) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

15T Information about criminal proceedings in domestic violence proceedings
[Revoked]

Regulation 15T: revoked, on 1 July 2013, by regulation 9(3) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

15U Information about criminal proceedings in harassment proceedings
[Revoked]

Regulation 15U: revoked, on 1 July 2013, by regulation 9(3) of the Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177).

16 Revocations

The regulations and orders specified in Schedule 4 are hereby revoked.

Schedule 1 Forms

r 3

Contents

3Summons to defendant [Revoked]
4Warrant to arrest in summary proceedings (where offence punishable by imprisonment) [Revoked]
5Warrant to arrest in summary proceedings (where issued by a District Court Judge) [Revoked]
5APolice summons to defendant [Revoked]
5BTraffic summons to defendant in relation to breath-alcohol offence [Revoked]
6Summons to witness [Revoked]
6ASummons to non-party to appear and produce information [Revoked]
7Warrant for attendance of a witness [Revoked]
7AWarrant of commitment of witness [Revoked]
8Warrant where witness fails to appear [Revoked]
9Warrant of commitment for a witness refusing to give evidence [Revoked]
9ANotice of prosecution for minor offence [Revoked]
10Reminder notice in respect of infringement offence
10ANotice of hearing in respect of infringement offence
11Warrant of commitment on adjournment [Revoked]
12Bail bond for the attendance of the defendant [Revoked]
12ABail bond for the attendance of a witness [Revoked]
13Bail bond for the attendance of the appellant [Revoked]
14Bail bond for the attendance of a defendant committed for trial or sentence [Revoked]
15Notice of bond [Revoked]
16Warrant of deliverance on grant of bail [Revoked]
17Warrant of arrest of defendant or appellant for absconding [Revoked]
18Warrant to arrest defendant or appellant for failure to report [Revoked]
19Warrant to arrest defendant who does not attend personally [Revoked]
20Order to estreat bond [Revoked]
21Warrant to arrest defendant who does not appear [Revoked]
21AWarrant to arrest defendant who does not attend personally [Revoked]
22Criminal records [Revoked]
23Warrant to seize property where order for immediate payment of fine has not been complied with [Revoked]
24Warrant of commitment where order for immediate payment of fine not complied with
25Warrant to seize property for unpaid fine [Revoked]
26Attachment order for unpaid fines [Revoked]
27Warrant to arrest defendant for unpaid fine [Revoked]
28Warrant of commitment for unpaid fine
28AOrder for sentence of home detention for unpaid fine [Revoked]
28BOrder for sentence of community detention for unpaid fine [Revoked]
29Order for sentence of community service where default in payment of fine [Revoked]
30Order for sentence of community work for unpaid fine [Revoked]
31Warrant of commitment for corrective training where default in payment of fine [Revoked]
31AOrder for return of defendant if conditions of section 88AE(1) order not complied with
32Notice of property other than motor vehicle seized under warrant [Revoked]
32ASummons to hearing of claim for seized property [Revoked]
32AAWarrant to arrest defendant to determine defendant’s financial circumstances
32BClaim to seized property [Revoked]
32BANotice of motor vehicle seized under warrant [Revoked]
32BBWarrant to recover motor vehicle from creditor [Revoked]
32CWarrant for seizure of a motor vehicle [Revoked]
32DApplication for review of Registrar’s decision [Revoked]
32EWarrant of commitment for non-payment [Revoked]
32FSummons to defendant liable to corrective training, periodic detention, or community service [Revoked]
32GWarrant to arrest defendant liable to be sentenced for non-payment of fine [Revoked]
32HOrder for periodic detention [Revoked]
32IOrder for community service [Revoked]
32JWarrant of commitment for corrective training (for non-payment of fine) [Revoked]
33Warrant of commitment for refusing to obey order other than for payment of money [Revoked]
34Notice of appeal by way of case stated on a question of law only [Revoked]
35Case stated on appeal from determination of District Court [Revoked]
36Notice of general appeal [Revoked]
37Warrant for arrest and committal of bailed appellant where he surrenders or where surety applies to be discharged [Revoked]
38Notice of abandonment of appeal [Revoked]
39Warrant to arrest defendant who is to be proceeded against by indictment [Revoked]
40Warrant to arrest defendant who does not attend committal proceedings following summons [Revoked]
41Depositions of witnesses for purposes of committal [Revoked]
42Committal of defendant for trial or sentence [Revoked]
42ANotice of right to be tried by Judge without jury [Revoked]
43Warrant of commitment of defendant committed for trial or for sentence [Revoked]
43AOrder for defendant’s detention in psychiatric hospital pending trial [Revoked]
44Notice to other party of intention to take oral evidence of witness after defendant’s committal for trial [Revoked]
45Notice to witness to attend court [Revoked]
45ANotice to witness of cancellation of notice to attend court [Revoked]
46Warrant for arrest of witness about to leave New Zealand [Revoked]
47Warrant of commitment of witness about to leave New Zealand [Revoked]
48Bond for keeping the peace [Revoked]
49Special constable’s oath [Revoked]
50Search warrant
51Application to take evidence [Revoked]
52Order for taking evidence [Revoked]
53Notice of time and place for examination [Revoked]
54Record of oral evidence of witnesses examined other than at hearing [Revoked]
55Sequel to form 54 [Revoked]
56Certificate of non-appearance [Revoked]
57Application to correct irregularities in proceedings for infringement offence [Revoked]
58Notice of time and place for examination [Revoked]
59Notice of decision on application for extension of time to pay fine [Revoked]
60Manager’s receipt for a prisoner [Revoked]
61Application (General form) [Revoked]
62Notice of hearing of application [Revoked]

Form 3 Summons to defendant

[Revoked]

Schedule 1 form 3: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 4 Warrant to arrest in summary proceedings (where offence punishable by imprisonment)

[Revoked]

Schedule 1 form 4: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 5 Warrant to arrest in summary proceedings (where issued by a District Court Judge)

[Revoked]

Schedule 1 form 5: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 5A Police summons to defendant

[Revoked]

Schedule 1 form 5A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 5B Traffic summons to defendant in relation to breath-alcohol offence

[Revoked]

Schedule 1 form 5B: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 6 Summons to witness

[Revoked]

Schedule 1 form 6: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 6A Summons to non-party to appear and produce information

[Revoked]

Schedule 1 form 6A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 7 Warrant for attendance of a witness

[Revoked]

Schedule 1 form 7: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 7A Warrant of commitment of witness

[Revoked]

Schedule 1 form 7A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 8 Warrant where witness fails to appear

[Revoked]

Schedule 1 form 8: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 9 Warrant of commitment for a witness refusing to give evidence

[Revoked]

Schedule 1 form 9: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 9A Notice of prosecution for minor offence

[Revoked]

Schedule 1 form 9A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 10 Reminder notice in respect of infringement offence

r 3

Section 21(2), (2AA), and (3C)(b), Summary Proceedings Act 1957

(Front page)

Reminder notice in respect of infringement offence

Reminder notice No:

CR No:

Informant

Name:

Address:

Details of person to whom infringement notice issued

Full name: [first name(s), family name]

Full address:

Date of birth:

Gender:

Occupation:

Telephone number(s):

Details of alleged infringement offence

The informant shown above alleges that you committed an infringement offence:

On: [date and time of offence]

At: [place]

In that you: [specify details of offence]

The offence is one against [specify enactment and provision contravened].

Name or number, if any, of officer who issued notice: [specify]

Service details

(To be provided for filing in court.)

Infringement notice served by personal service/by prepaid post/electronically (if permitted)* on: [date]

Reminder notice served by personal service/by prepaid post/electronically (if permitted)* on: [date]

At: [address]

*Select one.
Infringement fee

The infringement fee for this offence is: $[amount]

Amount of infringement fee unpaid: $[amount]

Other fees [specify (if any)]: $[amount]

Total payable: $[amount]

Other penalties [specify (if any)]:

Procedure for payment of infringement fee

[Specify method(s) of payment.]

You must pay the infringement fee within 28 days after the service of this notice. The last day for payment is [date].

Information

If you wish to deny the alleged offence or wish to have a court consider submissions, follow the directions in paragraph 4 of the notes below.

If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with the informant in respect of an infringement fee payable by you, paragraphs 4(b) and (c) below do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions in respect of the infringement.

Please read the notes below. If there is anything you do not understand in the notes, you should consult a lawyer.

(Back page)

Notes to defendant

Payment
1

If you pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, no further enforcement action will be taken against you.

Defences
2

You will have a complete defence against proceedings relating to the alleged offence if you can show the infringement fee or the amount of the infringement fee remaining unpaid has been paid to the informant and received at the address shown on the front page of this notice within 28 days after the service of this notice.

3

Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.

Further action
4

You must write to the informant if you wish to do any of the following things:

(a)

raise a matter concerning the circumstances of the alleged offence for consideration by the informant; or

(b)

deny liability for the alleged offence and request a court hearing; or

(c)

admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.

You must ensure that your request is received on or before the last day for payment.

If you deny liability and request a court hearing, the informant will then, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.

If you admit liability but wish to have the court consider submissions, the informant will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.

If the court finds you guilty or you make submissions, costs will be imposed in addition to any penalty.

Next steps

If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, you will become liable to pay a fine and court costs.

Note: All payments, queries, and correspondence regarding this reminder notice must be directed to the informant at the address shown on the front of this notice. When writing, please include the date of the alleged infringement offence, the reminder notice number, and your address for replies.

Schedule 1 form 10: replaced, on 1 August 2012, by regulation 7(1) of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).

Form 10A Notice of hearing in respect of infringement offence

Section 21(6), (7), (8), Summary Proceedings Act 1957

CR No:

Informant

Name:

Address:

Defendant

Name:

Address:

Date of birth:

Sex:

Occupation:

Driver’s licence No:

An infringement notice [number of notice] was issued on [date of issue of notice] by [name or number, if any, of officer who issued notice] and served on the defendant on [date of service of notice] by [method of service].

The infringement notice alleges that on [date] at [specify] the defendant committed an offence against [here set out enactment and provision applicable] in that the defendant [here set out details of the offence, including the registration number of any vehicle used in the offence].

*The informant served a reminder notice [number of reminder notice] in respect of the alleged offence on the defendant on [date of service of reminder notice] by [method of service].

The defendant by notice in writing signed by the defendant and delivered to the informant on [date on which notice received by informant] requested a hearing in respect of the alleged offence.

*The defendant did not in that notice admit liability in respect of the alleged offence and accordingly the alleged offence will be heard by the District Court at [place] on [date] at [time].

*The defendant should attend that court at that time.

*The defendant did in that notice admit liability in respect of the alleged offence and accordingly the defendant’s notice is filed with this Notice of Hearing.

*Delete if inapplicable.

Notes to defendant

1

Failure to attend may result in the case being dealt with in your absence.

2

If the offence is proved, you may be ordered to pay costs in addition to any other penalty imposed.

3

If you are in doubt, you should consult a solicitor or the Registrar immediately.

4

If you change your address, please notify the Registrar immediately.

Schedule 1 form 10A: replaced, on 1 November 1987, by regulation 3(1) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Schedule 1 form 10A: amended, on 1 July 2013, by regulation 12(1) of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Schedule 1 form 10A: amended, on 1 July 2013, by regulation 12(2) of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 11 Warrant of commitment on adjournment

[Revoked]

Schedule 1 form 11: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 12 Bail bond for the attendance of the defendant

[Revoked]

Schedule 1 form 12: revoked, on 1 August 1987, by regulation 2(3) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 12A Bail bond for the attendance of a witness

[Revoked]

Schedule 1 form 12A: revoked, on 1 August 1987, by regulation 2(3) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 13 Bail bond for the attendance of the appellant

[Revoked]

Schedule 1 form 13: revoked, on 1 August 1987, by regulation 2(3) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 14 Bail bond for the attendance of a defendant committed for trial or sentence

[Revoked]

Schedule 1 form 14: revoked, on 1 August 1987, by regulation 2(3) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 15 Notice of bond

[Revoked]

Schedule 1 form 15: revoked, on 4 June 1974, by regulation 3(1)(d) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Form 16 Warrant of deliverance on grant of bail

[Revoked]

Schedule 1 form 16: revoked, on 1 January 2001, by regulation 3 of the Summary Proceedings Amendment Regulations 2000 (SR 2000/249).

Form 17 Warrant of arrest of defendant or appellant for absconding

[Revoked]

Schedule 1 form 17: revoked, on 1 August 1987, by regulation 2(5) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 18 Warrant to arrest defendant or appellant for failure to report

[Revoked]

Schedule 1 form 18: revoked, on 1 August 1987, by regulation 2(5) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 19 Warrant to arrest defendant who does not attend personally

[Revoked]

Schedule 1 form 19: revoked, on 1 August 1987, by regulation 2(5) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 20 Order to estreat bond

[Revoked]

Schedule 1 form 20: revoked, on 1 August 1987, by regulation 2(5) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 21 Warrant to arrest defendant who does not appear

[Revoked]

Schedule 1 form 21: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 21A Warrant to arrest defendant who does not attend personally

[Revoked]

Schedule 1 form 21A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 22 Criminal records

[Revoked]

Schedule 1 form 22: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 23 Warrant to seize property where order for immediate payment of fine has not been complied with

[Revoked]

Schedule 1 form 23: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 24 Warrant of commitment where order for immediate payment of fine not complied with

Section 83(2)(b), Summary Proceedings Act 1957

Warrant No:

PPN:

To every bailiff or constable

and

To the manager of [specify prison]

The defendant, [defendant’s full name] of [address, occupation], was convicted of [specify] by the [place] District Court on [date] and was ordered to pay the following amounts:

Reparation: $

Fine: $

Court costs: $

Other costs: $

On [date] the court ordered the defendant to pay these amounts immediately.

Because the defendant has failed to comply with that order, the court has directed that a warrant of commitment be issued for the imprisonment of the defendant for a period of [specify].

You, the bailiff or constable, are directed to arrest the defendant and deliver the defendant to the manager of [specify prison] unless the total amount stated below is paid before this warrant is executed.

And you, the manager, are directed to receive the defendant and imprison the defendant for a period of [specify] or until notified by a Registrar that the total amount stated below has been paid.

Amount unpaid: $

Enforcement fee: $

Total: $

Date:

Signature:

District Court Judge

Schedule 1 form 24: replaced, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Form 25 Warrant to seize property for unpaid fine

[Revoked]

Schedule 1 form 25: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 26 Attachment order for unpaid fines

[Revoked]

Schedule 1 form 26: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 27 Warrant to arrest defendant for unpaid fine

[Revoked]

Schedule 1 form 27: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 28 Warrant of commitment for unpaid fine

Section 88AE(1)(b), Summary Proceedings Act 1957

Warrant No:

PPN:

To every bailiff or constable

and

To the manager of [specify prison]

The defendant, [defendant’s full name] of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*The amounts remain unpaid.

*Delete whichever is inapplicable.

Because of this, I have directed that a warrant of commitment be issued for the imprisonment of the defendant for a term of [specify].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of imprisonment imposed on the defendant at [place] District Court, on [date], CRN [specify].

*This sentence is to be served after (that is, cumulatively with) the sentence of imprisonment imposed on the defendant at [place] District Court, on [date], CRN [specify].

*Delete if inapplicable.

You, the bailiff or constable, are directed to arrest the defendant and to deliver the defendant to the manager of [specify prison] unless the total amount stated below is paid before this warrant is executed.

You, the prison manager, are directed to receive the defendant and imprison the defendant for a term of [specify] or until notified by a Registrar that the total amount stated below has been paid.

Amount unpaid: $

Enforcement fee(s): $

Total: $

Date:

Signature:

District Court Judge

Schedule of unpaid fines

CR Offence dateOffence detailsFine imposed
[specify][specify][specify][specify]

Schedule 1 form 28: replaced, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Schedule 1 form 28 heading: amended, on 13 February 2012, by regulation 11 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 28A Order for sentence of home detention for unpaid fine

[Revoked]

Schedule 1 form 28A: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 28B Order for sentence of community detention for unpaid fine

[Revoked]

Schedule 1 form 28B: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 29 Order for sentence of community service where default in payment of fine

[Revoked]

Schedule 1 form 29: revoked, on 30 June 2002, by regulation 7(2) of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Form 30 Order for sentence of community work for unpaid fine

[Revoked]

Schedule 1 form 30: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 31 Warrant of commitment for corrective training where default in payment of fine

[Revoked]

Schedule 1 form 31: revoked, on 30 June 2002, by regulation 7(4) of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Form 31A Order for return of defendant if conditions of section 88AE(1) order not complied with

Section 88AG(1), Summary Proceedings Act 1957

District Court:

PPN:

To every bailiff or constable

The defendant, [defendant’s full name] of [address, occupation], was as a result of failing to pay his or her fine(s), ordered on [date] to comply with the following conditions:

[specify conditions]

If the defendant does not comply with 1 or more of these conditions, you are directed to arrest the defendant and bring the defendant before a District Court Judge or Community Magistrate to determine what further action should be taken to enforce the payment of the fine(s).

Date:

Signature:

District Court Judge or

Community Magistrate

Note

This order may not be executed until the defendant ceases to comply with any of the conditions of the order.

Schedule 1 form 31A: replaced, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Schedule 1 form 31A heading: amended, on 13 February 2012, by regulation 12(1) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Schedule 1 form 31A heading: amended, on 13 February 2012, by regulation 12(2) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32 Notice of property other than motor vehicle seized under warrant

[Revoked]

Schedule 1 form 32: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32A Summons to hearing of claim for seized property

[Revoked]

Schedule 1 form 32A: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32AA Warrant to arrest defendant to determine defendant’s financial circumstances

Section 106EA(1), Summary Proceedings Act 1957

Warrant No:

District Court:

PPN:

To every bailiff or constable

The defendant, [defendant’s full name], of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*These amounts remain unpaid.

*Delete whichever is inapplicable.

Because of this, a District Court Judge has, for the purpose of determining whether to impose a sentence of home detention or issue a warrant of commitment for the non-payment of the fine(s), directed that the defendant be brought before a District Court Judge in order to assess the defendant’s financial ability to pay the total amount stated below.

Unless the total amount stated below is paid before this warrant is executed, you must arrest the defendant and bring the defendant before a District Court Judge as soon as possible.

Amount unpaid: $

Enforcement fee(s): $

Total: $

Date:

Signature:

District Court Judge/Registrar

Schedule of unpaid fines

CRN Offence dateOffence detailsFine imposed
[specify][specify][specify][specify]

Schedule 1 form 32AA: replaced, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

Schedule 1 form 32AA heading: amended, on 13 February 2012, by regulation 13 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32B Claim to seized property

[Revoked]

Schedule 1 form 32B: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32BA Notice of motor vehicle seized under warrant

[Revoked]

Schedule 1 form 32BA: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32BB Warrant to recover motor vehicle from creditor

[Revoked]

Schedule 1 form 32BB: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32C Warrant for seizure of a motor vehicle

[Revoked]

Schedule 1 form 32C: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32D Application for review of Registrar’s decision

[Revoked]

Schedule 1 form 32D: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32E Warrant of commitment for non-payment

[Revoked]

Schedule 1 form 32E: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32F Summons to defendant liable to corrective training, periodic detention, or community service

[Revoked]

Schedule 1 form 32F: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32G Warrant to arrest defendant liable to be sentenced for non-payment of fine

[Revoked]

Schedule 1 form 32G: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32H Order for periodic detention

[Revoked]

Schedule 1 form 32H: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32I Order for community service

[Revoked]

Schedule 1 form 32I: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32J Warrant of commitment for corrective training (for non-payment of fine)

[Revoked]

Schedule 1 form 32J: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 33 Warrant of commitment for refusing to obey order other than for payment of money

[Revoked]

Schedule 1 form 33: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 34 Notice of appeal by way of case stated on a question of law only

[Revoked]

Schedule 1 form 34: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 35 Case stated on appeal from determination of District Court

[Revoked]

Schedule 1 form 35: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 36 Notice of general appeal

[Revoked]

Schedule 1 form 36: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 37 Warrant for arrest and committal of bailed appellant where he surrenders or where surety applies to be discharged

[Revoked]

Schedule 1 form 37: revoked, on 1 January 2001, by regulation 3 of the Summary Proceedings Amendment Regulations 2000 (SR 2000/249).

Form 38 Notice of abandonment of appeal

[Revoked]

Schedule 1 form 38: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 39 Warrant to arrest defendant who is to be proceeded against by indictment

[Revoked]

Schedule 1 form 39: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 40 Warrant to arrest defendant who does not attend committal proceedings following summons

[Revoked]

Schedule 1 form 40: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 41 Depositions of witnesses for purposes of committal

[Revoked]

Schedule 1 form 41: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 42 Committal of defendant for trial or sentence

[Revoked]

Schedule 1 form 42: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 42A Notice of right to be tried by Judge without jury

[Revoked]

Schedule 1 form 42A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 43 Warrant of commitment of defendant committed for trial or for sentence

[Revoked]

Schedule 1 form 43: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 43A Order for defendant’s detention in psychiatric hospital pending trial

[Revoked]

Schedule 1 form 43A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 44 Notice to other party of intention to take oral evidence of witness after defendant’s committal for trial

[Revoked]

Schedule 1 form 44: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 45 Notice to witness to attend court

[Revoked]

Schedule 1 form 45: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 45A Notice to witness of cancellation of notice to attend court

[Revoked]

Schedule 1 form 45A: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 46 Warrant for arrest of witness about to leave New Zealand

[Revoked]

Schedule 1 form 46: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 47 Warrant of commitment of witness about to leave New Zealand

[Revoked]

Schedule 1 form 47: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 48 Bond for keeping the peace

[Revoked]

Schedule 1 form 48: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 49 Special constable’s oath

[Revoked]

Schedule 1 form 49: revoked, on 1 October 2008, by section 130(3) of the Policing Act 2008 (2008 No 72).

Form 50 Search warrant

Section 198, Summary Proceedings Act 1957

No: [specify]/[year]

To every constable

(or To [full name], constable)

I am satisfied on an application in writing made on oath (or on an application made on oath orally, the grounds for which I have noted in writing) that there is reasonable ground for believing that there is (are) in [here describe building, aircraft, ship, carriage, vehicle, box, receptacle, premises, or place] the following thing(s), [here insert description of the things to be searched for] upon or in respect of which an offence of [state offence, being an offence punishable by imprisonment] has been or is suspected of having been committed (or which there is reasonable ground to believe will be evidence as to the commission of an offence of [state offence, being an offence punishable by imprisonment]) (or which there is reasonable ground to believe is intended to be used for the purpose of committing an offence of [state offence, being an offence punishable by imprisonment]).

This is to authorise you at any time or times within 1 month from the date of this warrant to enter and search the said [specify] with such assistants as may be necessary, and if necessary to use force for making entry, whether by breaking open doors or otherwise, and also to break open the box (receptacle) (or any box or receptacle therein or thereon) by force if necessary; and also to seize any thing upon or in respect of which the offence has been or is suspected of having been committed (or any thing which there is reasonable ground to believe will be evidence as to the commission of the offence) (or any thing which there is reasonable ground to believe is intended to be used for the purpose of committing the offence).

Dated at: [place, date]

Signature:

District Court Judge

(or Justice of the Peace

or Community Magistrate

or Registrar (not being a constable))

Schedule 1 form 50: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 50: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Form 51 Application to take evidence

[Revoked]

r 6(1)

Schedule 1 form 51: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 52 Order for taking evidence

[Revoked]

r 8

Schedule 1 form 52: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 53 Notice of time and place for examination

[Revoked]

r 10(1)

Schedule 1 form 53: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 54 Record of oral evidence of witnesses examined other than at hearing

[Revoked]

Schedule 1 form 54: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 55 Sequel to form 54

[Revoked]

r 13(2)

Schedule 1 form 55: revoked, on 29 June 2009, by regulation 12(c) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Form 56 Certificate of non-appearance

[Revoked]

r 14

Schedule 1 form 56: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 57 Application to correct irregularities in proceedings for infringement offence

[Revoked]

Schedule 1 form 57: revoked, on 1 August 2012, by regulation 7(2) of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).

Form 58 Notice of time and place for examination

[Revoked]

r 15H(1)

Schedule 1 form 58: revoked, on 1 November 1998, by regulation 15 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 59 Notice of decision on application for extension of time to pay fine

[Revoked]

r 15J

Schedule 1 form 59: revoked, on 1 November 1998, by regulation 15 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 60 Manager’s receipt for a prisoner

[Revoked]

r 15N

Schedule 1 form 60: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 61 Application (General form)

[Revoked]

r 15P(1)

Schedule 1 form 61: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Form 62 Notice of hearing of application

[Revoked]

r 15P(2)

Schedule 1 form 62: revoked, on 1 July 2013, by regulation 13 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

Schedule 2 Court fees

[Revoked]

Schedule 2: replaced, on 1 July 2013, by regulation 14 of the Summary Proceedings Amendment Regulations 2013 (SR 2013/183).

($)
(1)Providing particulars of a reminder notice in respect of an infringement offence where the reminder notice is deemed to have been filed in a court under section 21(4C) of the Act30
(2)For enforcement of a fine, in accordance with regulation 15K102

Schedule 3 Traffic offences for the purposes of section 21 of the Summary Proceedings Act 1957

[Revoked]

Schedule 3: revoked, on 1 May 1977, by regulation 2(1) of the Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

Schedule 4 Regulations and orders revoked

r 16

Justices of the Peace Act Fees Order 1952 (SR 1952/201)
Justices of the Peace Regulations 1956 (SR 1956/164)
Summary Penalties Regulations 1940 (SR 1940/89)
Traffic Offences Order 1957 (SR 1957/88)

T J Sherrard,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in the Gazette: 20 March 1958.

Reprints notes
1 General

This is a reprint of the Summary Proceedings Regulations 1958 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Courts Matters Act 2018 (2018 No 50): section 90

Summary Proceedings Amendment Regulations 2013 (SR 2013/183)

Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 (SR 2013/177): regulation 9

Summary Proceedings Amendment Regulations 2012 (SR 2012/134)

Summary Proceedings Amendment Regulations 2011 (SR 2011/398)

Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)

Summary Proceedings Amendment Regulations 2009 (SR 2009/131)

Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(3)

Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385)

Summary Proceedings Amendment Regulations 2007 (SR 2007/294)

Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396)

Summary Proceedings Amendment Regulations 2006 (SR 2006/265)

Summary Proceedings Amendment Regulations 2002 (SR 2002/182)

Summary Proceedings Amendment Regulations 2000 (SR 2000/249)

Summary Proceedings Amendment Regulations (No 5) 1998 (SR 1998/329)

Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292)

Summary Proceedings Amendment Regulations 1997 (SR 1997/322)

Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154)

Summary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12)

Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311)

Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211)

Summary Proceedings Regulations 1958, Amendment No 13 (SR 1985/231)

District Courts Amendment Act 1979 (1979 No 125): section 18(2)

Judicature Amendment Act 1979 (1979 No 124): section 12

Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93)

Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136)

Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116)