District Courts (Categorisation of Offences) Regulations 2008

  • revoked
  • District Courts (Categorisation of Offences) Regulations 2008: revoked, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

District Courts (Categorisation of Offences) Regulations 2008

(SR 2008/211)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of July 2008

Present:
His Excellency the Governor-General in Council

  • District Courts (Categorisation of Offences) Regulations 2008: revoked, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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 section 123 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the District Courts (Categorisation of Offences) Regulations 2008.

2 Commencement

  • These regulations come into force on 18 July 2008.

3 Schedule 1A of District Courts Act 1947 amended

  • (1) Part B of Part 1of Schedule 1A of the District Courts Act 1947 is amended—

    • (a) by omitting from the item relating to section 6 of the Misuse of Drugs Act 1975 “, but only where the charge relates to a class B controlled drug” and substituting “where the charge relates to a class A or class B controlled drug”; and

    • (b) by inserting, after the item relating to section 6 of the Misuse of Drugs Act 1975, the item set out in the Schedule of these regulations; and

    • (c) by omitting from the item relating to section 12C of the Misuse of Drugs Act 1975 “(other than offences against subsection (1)(a))”.

    (2) Part 2 of Schedule 1A of the District Courts Act 1947 is amended by omitting Part J.

4 Transitional provision

  • (1) This regulation applies if a person charged with an offence under section 6(2)(a), 6(2A)(a), 10(1), or 12C(1)(a) of the Misuse of Drugs Act 1975 was, before the commencement of these regulations, committed to the High Court for trial and is awaiting the commencement of that trial.

    (2) Section 168AA(2) (or, when it is in force, section 184Q) of the Summary Proceedings Act 1957 applies in respect of a defendant in the circumstances referred to in subclause (1) as if at all material times the offence for which the defendant was committed for trial was an offence to which that section applied.

Schedule 
Item added to Part B of Part 1 of Schedule 1A of District Courts Act 1947

r 3

Section 10(1)Aiding offences against corresponding law of another country

Martin Bell,
for 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 18 July 2008, amend Schedule 1A of the District Courts Act 1947.

The regulations affect the following offences against the Misuse of Drugs Act 1975:

  • an offence against section 6(2)(a) or 6(2A)(a), which relate to dealing with or conspiring to deal with class A controlled drugs:

  • an offence against section 10(1) of aiding offences against the law of another country:

  • an offence against section 12C(1)(a) of doing or omitting to do an act outside New Zealand that would, if done or omitted in New Zealand, be an offence against section 6.

The amendments to Schedule 1A made by these regulations re-categorise those offences as “middle band” offences triable in either the High Court or the District Court. The amendments enable a High Court Judge to exercise the powers under section 168AA (or, when it comes into force, section 184Q) of the Summary Proceedings Act 1957 to transfer the trial of these offences to the District Court.

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

Date of notification in Gazette: 17 July 2008.

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 District Courts (Categorisation of Offences) Regulations 2008. 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)