Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998

  • revoked
  • Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998: revoked, on 1 July 2013, by regulation 4 of the Criminal Procedure (Place of Trial) Regulations 2013 (SR 2013/262).

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998

(SR 1998/258)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 31st day of August 1998

Present:
His Excellency the Governor-General in Council

  • Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998: revoked, on 1 July 2013, by regulation 4 of the Criminal Procedure (Place of Trial) Regulations 2013 (SR 2013/262).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to sections 168A(1)(a)(ii) and 212 of the Summary Proceedings Act 1957, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement

  • (1) These regulations may be cited as the Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998.

    (2) These regulations come into force on 2 October 1998.

2 Certain defendants may be committed to Tauranga District Court for trial

  • If the Opotiki District Court or the Whakatane District Court is required to commit a defendant for trial in respect of an offence that a District Court has jurisdiction to try by virtue of any of paragraphs (a) to (d) of section 28A(1) of the District Courts Act 1947, the defendant may be committed to the Tauranga District Court.

Marie Shroff,
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 2 October 1998, are made under the Summary Proceedings Act 1957.

They specify the Tauranga District Court as a court to which the Opotiki and Whakatane District Courts may commit a defendant for trial in respect of an offence that a District Court has jurisdiction to try under any of paragraphs (a) to (d) of section 28A(1) of the District Courts Act 1947. They are intended to permit the Opotiki and Whakatane District Courts to relieve pressure on the Rotorua District Court (the court with that jurisdiction nearest to the Opotiki and Whakatane District Courts), and to recognise how responsibility for prosecutions is divided between Crown Solicitors at Rotorua and Tauranga.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 3 September 1998.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Summary Proceedings (Committals to Tauranga District Court for Trial) Regulations 1998. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Criminal Procedure (Place of Trial) Regulations 2013 (SR 2013/262): regulation 4