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Courts and Criminal Matters Bill Government Bill As reported from the Law and Order Committee Commentary Recommendation The Law and Order Committee has examined the Courts and Crim- inal Matters Bill and recommends that it be passed with the amend- ments shown.

Introduction The Courts and Criminal Matters Bill is an omnibus bill that proposes to amend a number of statutes, in order to enhance the District Courts’ power and processes for the collection of fines and other monetary penalties, and civil debt.
The bill seeks to address a general con- cern about the amount of overdue fines, the dissatisfaction of victims when offenders do not comply with reparation orders, and the frustra- tion of creditors and debtors using the Courts’ civil debt enforcement process.

This bill, the development of which commenced under the previ- ous Government, represents the most comprehensive legislative im- provements for the recovery of unpaid fines, reparation, and civil debt in 12 years.
As well as introducing new initiatives, the bill seeks to 147—2 2 Courts and Criminal Matters Bill Commentary refine legislation enacted in 2009 in response to the problem of il- legal street racing, in order to improve fines enforcement.

It is intended that the bill will be divided into separate bills at the committee of the whole House stage.
District Courts Act 1947 Part 1 of the bill seeks to amend the District Courts Act 1947 to improve the efficiency and effectiveness of attachment orders and examination hearings.

Attachment orders require mandatory deduc- tions from wages and benefits to pay debts and, alongside examin- ation hearings, are the most common and effective civil debt enforce- ment process.

At present attachment orders can be imposed only after an examin- ation hearing to assess the judgment debtor’s ability to pay the debt.
Both parties are required to attend the hearing, which can be incon- venient, and incur delays and costs.

This bill includes provisions for judgment creditors to file a financial statement or ask the Court to as- sess the debtor’s financial means in the creditor’s absence.

Judgment creditors would still be able to apply for a formal examination hear- ing, which both parties would have to attend.
The bill would also allow judgment debtors to apply for an attachment order, or to file a financial statement to allow the Court Registrar to determine the most appropriate means of resolving the debt.

Land Transport Act 1998 Part 2 of the bill seeks to amend the Land Transport Act 1998 to intro- duce Driver Licence Stop Orders (DLSOs) as a new fines enforce- ment measure in relation to traffic offences.
The bill would allow the driver licences of people who fail to pay, or make arrangements to pay, overdue traffic fines to be suspended.

The suspension provi- sions would include limited licences (“work licences”), and anyone who would normally be eligible to apply for a limited licence would not be able to do so while a DLSO was in force.
Unlike other driver licence suspension regimes, a DLSO is not in- tended to be a penalty in itself, but rather a strong incentive for the proactive resolution of overdue traffic fines.

A DLSO would there- fore be terminated as soon as a person paid their fine or made ar- Commentary Courts and Criminal Matters Bill 3 rangements for it to be paid.

We are aware that similar schemes in Australia have been very successful.
Under the provisions of this bill, a person would be required to sur- render their licence card to an authorised officer serving them with a DLSO.

If a DLSO were cancelled, the traffic fines paid, or pay- ment arrangements made, the Ministry of Justice would be required to terminate the order.

If a driver licence card were surrendered to the New Zealand Transport Agency, following its receipt by the Min- istry, the agency would be required to return the driver licence card to the holder.
A driver licence card would not be returned if, in the interim, it had expired; or if the holder of the card was not otherwise entitled to have a driver licence.

The bill would also allow the vehicles of persons found to be driving in breach of a DLSO to be impounded for 28 days.

This would be in line with existing legislation for persons driving while disqualified, or with a suspended or revoked licence.
The committee was interested in the advice of the New Zealand Po- lice that it was their policy to waive infringements for expired war- rants of fitness or for outdated registrations of one month or less where the fault was remedied in a timely manner.

The committee felt that this policy of compliance incentive was good practice.
The committee made similar inquiries of the New Zealand Parking Asso- ciation, who advised us that the local territorial authorities they rep- resented generally had a similar policy.

Committee members were unaware of this policy, and thought that most of the general public were also unaware of it.
The committee considered whether it should write into this legislation giving effect to the policy of giving default- ers within the one-month margin for expired warrants of fitness or for outdated registrations being able to have their fines waived, but de- cided not to in the belief that a more appropriate piece of legislation is being progressed.
Summary Proceedings Act 1957 Part 3 of the bill seeks to amend the Summary Proceedings Act 1957 to improve the collection and enforcement of monetary penalties.

The bill aims to improve the operation of the infringement system and of Court collection and enforcement processes by removing in- consistencies, and to increase operational efficiency and flexibility.
4 Courts and Criminal Matters Bill Commentary The bill also seeks to amalgamate existing provisions relating to the seizure of vehicles and property into a single set, and re-order them to align them with the steps of the seizure process.

This bill would authorise the routine release of the amounts of over- due penalties, where a person had not entered into a payment arrange- ment with the Courts, to credit reporting agencies for inclusion in credit reports.
It would, however, require the Minister for Courts to consult the Privacy Commissioner before recommending any regu- lations implementing the exchange of information between the Min- istry of Justice and the credit reporting industry.

This provision is intended to address privacy concerns about the release of such infor- mation.
The bill would allow the District Court to be given priority over se- cured creditors for proceeds from the sale of seized property where the overdue penalties could have been discovered by the creditors before advancing finance on property that was subsequently seized, and these penalties were still overdue.
The aim of these provisions, the effect of which is known as “super priority”, is to increase the collection of monetary penalties, provide the credit industry with a strong incentive to request overdue fines information from the Min- istry of Justice, and clarify who would be entitled to funds realised when property was seized and sold.

Super priority would not apply where a person with overdue penalties had subsequently been de- clared bankrupt or a company had become insolvent.
The bill also includes provisions allowing prison or home detention sentences to be substituted for unaffordable and unenforceable rep- aration.

Our attention was drawn to the fact that the credit reporting initia- tives proposed in this bill would apply only to the District Court.

We were advised that a proposal is being developed by the Ministry of Justice to standardise the enforcement processes for monetary penal- ties imposed by the High Court as well as the District Court.
Such a proposal would be particularly important for the enforcement of sen- tences or orders of reparation.

We look forward to this development in due course.

Commentary Courts and Criminal Matters Bill 5 Amendments to other Acts Part 4 of the bill seeks to amend 13 other statutes.
The proposed changes include clarifying the relationship between security inter- ests registered on the personal property securities register and the unencumbered title gained by purchasers when the Courts sell con- fiscated vehicles or seized property, amending reparation and vehicle confiscation provisions, and authorising the inclusion of outstanding vehicle confiscation costs in the authorised data matches that provide updated contact information for fines defaulters.
This commentary covers the key amendments that we recommend to the bill.

It does not cover minor or technical amendments.


Driver Licence Stop Orders We recommend amending clause 43 by inserting new section 91AB and deleting section 91E, to allow a warning notice or Driver Licence Stop Order (DLSO) to be served on a defendant in one or more of the following ways: • • • personal service on the defendant postal service at the defendant’s home or workplace service on another person at the defendant’s home or work- place electronic service on the defendant.
• This amendment is intended to ensure certainty of service.

The pro- vision for electronic service is neutral as to the specific technology involved, and would thus allow legislation to accommodate future technological developments.

The use of electronic forms of commu- nication to serve notices or orders might also improve compliance, particularly by younger people.

As 69 percent of debtors are aged between 20 and 39, improving compliance by this group is desirable.
If a warning notice or DLSO were served other than personally on a defendant, service would only be deemed complete once the driver licence card had been returned to the Ministry of Justice.

If, for ex- ample, a DLSO were served electronically and a defendant failed to return their driver licence card, or make arrangements to pay their fines, the DLSO could be re-issued and personally served on a de- fendant by an authorised officer.
6 Courts and Criminal Matters Bill Commentary We also recommend a number of consequential amendments to clause 43 including amending sections 91A, 91C, 91D, and 91F; and deleting sections 91B(2), 91E, and 91H(6).

An additional amendment to clause 41 would specify how a driver licence card should be returned to the Ministry of Justice where a DLSO had been served other than personally on a defendant.
Leases We recommend amending clause 58 as it relates to section 79 by inserting wherever appropriate a definition of “hire purchase agree- ment”and “secured party”, by removing reference to “security agree- ment” from the definition of “lease”, and amending the definitions of “security agreement” and “security interest” to clarify that leases would not be a security agreement or a security interest.
The bill as introduced includes long-term leases within the scope of the property seizure and sale provisions.

Lessors could thus be com- pelled to sell leased property seized to pay overdue penalties, instead of cancelling the lease.

They would also be subject to “super prior- ity” if they had, or could have, obtained a default fines balance before entering the lease.
These proposed amendments recognise that leased property does not belong to a fines defaulter, and would therefore exclude all leases from the seizure and sale provisions relating to financed property.

Although hire purchase agreements often take the form of a lease agreement, these exclusions would not apply to hire purchase.
Queries on the status of fines We recommend amending clause 69 as it relates to subparagraph (i) of section 92D(1)(d), by removing the requirement for the subject of a query to give consent to a fine status query in writing.

This would allow consent to be expressed in a number of ways, written, verbal, or electronic, and accommodate future technological developments.

Written consent, in the bill as introduced, is intended to be used as evidence that consent had been given.
In the light of the proposed amendment to subparagraph (i), we recommend inserting new sub- section (2) requiring recognised users to keep a record showing that consent was given to a fine status query.

Commentary Courts and Criminal Matters Bill 7 We also recommend amending clause 69 as it relates to subparagraph (ii) of section 92D(1)(d), to remove the requirement for a response to a credit report request to be made on the same day on which the query was sent.
This provision was intended to ensure that a credit report request and the data provided (which credit providers would then rely upon) were up-to-date.

We recognise, however, that it may not always be possible for the credit industry to fulfil such a provision, especially when credit reports and fine status query request reports are not done at the same time.
We do believe that a statutory time limit remains desirable, and note that it could be achieved using the provisions in section 92F(2) that would require credit reporters to obtain information close to the time they were finalising a report.

We recommend amending clause 69 as it relates to section 92F to clarify when a recognised user could disclose information contained in a fine status query.
The restrictions on disclosing information in the bill as introduced are too narrow and do not accommodate, for example, audits authorised by the Chief Executive of the Ministry of Justice.

We recommend amending clause 69 by inserting new subsection (5) into section 92G to make it clear that if a recognised user or sub- scriber made a credit decision on the basis of information that was subsequently corrected, they would not be obliged to reassess their decision.
We also recommend a consequential amendment to clause 70 as it relates to section 100J, to clarify that an original credit report to a fine status query that was relied upon by a credit provider when making a credit decision would be sufficient evidence for the pur- poses of section 100J if a corrected credit report were subsequently received.

Regulations The Regulations Review Committee reported to us on the powers contained in clause 69 as it relates to subparagraphs (a), (h), and (j) of section 92I(1).
The committee expressed concern that they con- tained regulation-making powers with a potentially high policy con- tent, which could infringe the right to privacy.

They also noted that subparagraph (h) would allow regulations to be made which could 8 Courts and Criminal Matters Bill Commentary override the general provisions in the Privacy Act 1993 relating to disclosure and use of information.
The provisions in subparagraph (a) of section 92I(1) are intended to establish the criteria by which the Minister for Courts might respond to any future changes to the Credit Reporting Privacy Code 2004 and allow new persons, or classes of persons or entities, to be included in the Credit Reporting Initiative.
The purpose of subparagraphs (h) and (j) is to allow the making of regulations prescribing the restric- tions on disclosure and use of information in a fine status query, and prescribing the period for which fine status responses could be re- tained or used.

While we do not recommend changes to clause 69 as it relates to subsection (1) of section 92I (other than those below), we do recom- mend amending clause 69 as it relates to subsection (2) of section 92I.
Subsection (2) would require the Minister to consult the Pri- vacy Commissioner before recommending any new regulations to the Governor-General.

To strengthen this provision, we recommend amending clause 69 as it relates to subsection (2) of section 92I, to require that the Minister for Courts be satisfied that any proposed regulations were consistent with section 92B.
We also recommend amending section 92A by amending the defin- ition of “recognised user” to link it more clearly to the proposed cri- teria in section 92I for determining who the Minister may authorise as a recognised user.

We believe that these amendments would limit the Minister’s discre- tion, and help address the concerns of the Regulations Review Com- mittee.
We do not propose adopting the Regulation Review Committee’s suggestion that the bill be amended to require confirmation by Parlia- ment of any regulations made under subparagraph (h) that overrode the general provisions of the Privacy Act relating to the use and dis- closure of information.

The regulation-making powers of subpara- graph (h) are intended to specify the framework for the operation of the initiative in a way that is consistent with the Privacy Act.

They are not intended to override the Act.


We are confident that adopting this suggestion would not add any further protection.

Commentary Courts and Criminal Matters Bill 9 Other matters The Regulations Review Committee also suggested adding ad- ditional limits or controls to the bill.
While we feel some to be unnecessary, we do recommend amending clause 69 as it relates to section 92F to clarify that disclosure, and use, by all recognised users and subscribers of information in a fine status response other than provided for in the Summary Proceedings Act or regulations would be a breach of the Privacy Act.

This would make it clear that affected individuals would have a remedy they could pursue, rather than relying solely upon the monitoring provided for in section 92H.
Security agreements To reduce the risk of secured parties relying on out-of-date credit reports, we recommend amending clause 70 as it relates to section 100J to specify that the Registrar may accept a fine status response only if the date to which it relates is not earlier than 20 working days before the agreement date, or 20 working days before the date on which the provision of credit secured under the security agreement was approved.
We recommend allowing the Registrar to exercise discretion when satisfied that a secured party’s reliance on an older fine status response is reasonable.

This amendment would also require that the Registrar be informed whether a credit report had been sought.

We further recommend amending clause 70 as it relates to section 100J to remove the requirement for secured parties to present a fine status response to the Registrar within 3 working days.
The time- frames in the bill as introduced do not fit well with credit industry approval and agreement processes.

10 Courts and Criminal Matters Bill Commentary Appendix Committee process The Courts and Criminal Matters Bill was referred to the committee on 19 May 2010.

The closing date for submissions was 9 July 2010.

We received and considered 15 submissions from interested groups and individuals.

We heard seven submissions.


We received advice from the Ministry of Justice, the Ministry of Transport, the New Zealand Police, and the New Zealand Transport Agency.

The Regulations Review Committee reported to the com- mittee on the powers contained in clause 69.
Committee membership Sandra Goudie (Chairperson) Shane Adern Hon Rick Barker Dr Cam Calder Hilary Calvert (from 13 October 2010) Hon Clayton Cosgrove David Garrett (until 23 September 2010) Raymond Huo (from 21 July 2010) Melissa Lee Carmel Sepuloni (until 21 July 2010) Jonathan Young Courts and Criminal Matters Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Georgina te Heuheu Courts and Criminal Matters Bill Government Bill Contents Title Commencement Part 1 Amendments to District Courts Act 1947 Principal Act amended Interpretation Appointment of Registrar Deputy Registrars Appointment of bailiffs Section 69 repealed Nature of proceedings for enforcement of judgment New section 79A inserted 79A Heading above section 84A substituted New sections 84A to 84E substituted 84A Filing of financial statement 84AB Notice to complete financial statement 84AC Court to request information about judgment Judgment may be enforced in any District Court debtor’s means 84AD Court may order hearing if information about judgment debtor’s means not provided, etc Application for financial assessment hearing Power to arrest judgment debtor or officer Financial assessment hearing 84B 84C 84D 147—2 Page 8 8 9 9 9 9 10 10 10 10 10 11 11 11 11 12 12 14 14 16 1 Courts and Criminal Matters Bill 84E Orders by court following filing of financial statement, etc Attachment orders Attachment orders: content Interpretation New sections 84G and 84H substituted 84G 84H Effect of attachment orders Liability of employer Extent to which attachment orders bind the Crown New section 84M substituted 84M Variation, suspension, and discharge of attachment orders Review of Registrar’s decision Contempt procedures Judgment debtor doing community work to be discharged on payment Heading above section 85 substituted Warrant of distress Immobilisation of motor vehicles Penalty for rescue of goods seized Period to elapse before sale Sale of goods
 by public auction unless otherwise ordered Protection of bailiff selling goods under execution without notice of claim by third party Procedure when goods seized are secured under bill of sale Priority of High Court and District Court executions Sale of goods where claim made thereto Bailiff’s interpleader Further proceedings if chattels not recovered New heading and sections 108A and 108B inserted Service 108A Service of certain documents under this Part 108B Service of certain documents under this Part: supplementary Proof of service of documents by officer or constable District Courts Rules Regulations Amendments to other Acts Courts and Criminal Matters Bill Part 2 Amendments to Land Transport Act 1998 Principal Act amended Interpretation Driver licences are property of Agency and are to be surrendered in certain circumstances Demerit points to be recorded by Agency New heading and sections 91A to 91H inserted Driver licence stop orders Interpretation 91A 91AB Ways in which warning notice or driver licence stop order must be served Liability to driver licence stop order 91B 91C Warning notice to be served on defendant 91D 91F 91G 91H Imposition of driver licence stop order Effect of driver licence stop order Cancellation of driver licence stop order Termination of driver licence stop order if traffic fine paid or resolved Vehicle seized and impounded for 28 days in certain circumstances Impoundment of vehicle used in transport service Persons who may apply to court for limited licence Court may make order authorising grant of limited licence Owner liability for moving vehicle offences New section 140 substituted 140 Agency to maintain register of driver licences Contents of infringement and reminder notices Part 3 Amendments to Summary Proceedings Act 1957 Principal Act amended
 Interpretation Summary procedure for infringement offences New section 23A inserted 23A Service of documents: sections 24 to 29 not to apply to Part 3 Mode of service of documents on defendant Power to correct irregularities in proceedings for infringement offences New section 78C inserted Courts and Criminal Matters Bill 78C Certain defendants ineligible to rely on non-receipt of reminder notice 58 New sections 79 to 79D and heading substituted 79 Interpretation Service under this Part 79A Mode of service under this Part 79B Mode of service under this Part modified in special cases 79C Manner of notification not requiring particular document Proof of service or notification Notice of fine 79D Further amendments to principal Act relating to service Time to pay or payment by instalments Statement of means New section 84 substituted 84 Section 85 repealed New sections 86 to 86D substituted 86 86A Registrar may arrange extension of time to pay Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order Determinations affecting attachment orders Bailiff may arrange extension of time to pay Bailiff may vary, suspend, or cancel arrangement for extension of time to pay fine 86B 86C 86D Action where fine not paid or where arrangement or attachment order cancelled Power to obtain information in respect of beneficiaries Action where fine remains unpaid New sections 88A and 88B substituted 88A 88B New section 91 substituted 91 Civil enforcement of fines Remission of fine Defendant on substituted sentence to be discharged on payment of fine New heading and sections 92A to 92I inserted Disclosure of default balances to certain authorised persons 92A 92B Interpretation Purpose of disclosure and use of information 59 60 61 62 63 64 64A 65 66 67 68 69 4 46 47 47 51 53 53 54 55 55 55 55 55 56 57 57
Courts and Criminal Matters Bill 92C 92D 92E 92F 92G Access codes Recognised user may submit fine status query Fine status response by chief executive Disclosure and use of fine status response restricted Query subject to be notified of proposed combination of information 92H Monitoring and audits by chief executive 92I New headings and sections 93 to 100S substituted Regulations 70 93 94 95 96 97 98 99 100 Written cautions in case of certain traffic fines Written caution to person holding interest in motor vehicle Review of written caution Written caution of no effect if fine quashed or set aside Challenge of seizure by persons treated as substitutes Seizure, release, and sale of property Purposes of sections 98 to 100S Warrant to seize property Seizure of property Seizure of motor vehicles impounded under Land Transport Act 1998 100A Seizure of motor vehicle not precluded by low value or low interest 100B Seized property to be retained by or for Registrar 100C Immobilisation of motor vehicles 100D Personal property securities register to be checked 100E Release of property if fine and other costs paid or if certain appeals successful 100F Release of property to certain owners 100G Determination of claim by owners 100H Lessor may apply to Registrar 100I 100J 100K Sale of secured property by secured party or by Claims by secured parties Certification of default balance Court 100L Certain payments required before release to lessor or secured party takes effect 100M Application of proceeds of sale by secured party Courts and Criminal Matters Bill 100N Failure by secured party to sell or account for proceeds 100O Sale or disposal of property seized 100P Registrar must defer sale if storage costs paid 100Q Application of proceeds of sale 100R Remission of fine and costs of sale in certain cases involving motor vehicles 100S
 Compensation to person with interest in property sold Operation of attachment orders: content Effect of attachment order New section 105 substituted 105 Liability of employer Restrictions on alternative sentences Provisions as to issue of warrant pending appeal No action against Justice unless act in excess of jurisdiction or without jurisdiction Rules and regulations Part 4 Amendments to other Acts Subpart 1—Amendments to Children, Young Persons, and Their Families Act 1989 Principal Act amended Interpretation Subpart 2—Amendments to Customs and Excise Act 1996 Principal Act amended Interpretation Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour Subpart 3—Amendment to Family Courts Act 1980 Principal Act amended Application of District Courts Act 1947 Subpart 4—Amendment to Immigration Act 1987 Principal Act amended Interpretation Subpart 5—Amendment to Immigration Act 2009 Principal Act amended Courts and Criminal Matters Bill Information matching to locate person in serious default of payment of fine Subpart 6—Amendment to Personal Property Securities Act 1999 Principal Act amended New section 167A inserted 167A Financing change statement consequential on sale effected by court under certain enactments Subpart 7—Amendment to Prisoners’ and Victims’ Claims Act 2005 Principal Act amended Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account Subpart 8—Amendment to Privacy Act 1993 Principal Act amended Schedule 5 amended Subpart 9—Amendments to Railways Act 2005 Principal Act amended Issue of infringement notice New section 100 substituted 100 Contents of infringement notices and reminder notices Subpart 10—Amendments to Sentencing Act 2002 Conditions of sentence of reparation Principal Act amended Reparation Court may
 order reparation report New section 36 substituted 36 Discharge without conviction Conviction and discharge Order to come up for sentence if called on New section 136A substituted 136A Registrar must apply for deregistration of motor vehicle subject to confiscation and destruction order Sale of confiscated motor vehicles Certain sales conditional on dismantling and destruction Sale of motor vehicle surrendered or recovered under section 137B cl 1 109 110 111 112 113 114 115 Courts and Criminal Matters Bill Disposal of unsaleable confiscated vehicle Secured party may apply to court Enforcement of payment of amounts under sentence of reparation, reparation orders, etc Subpart 11—Amendment to Social Security Act 1964 Principal Act amended Information on beneficiaries and former beneficiaries may be disclosed to Ministry of Justice for fines enforcement purposes Subpart 12—Amendment to Tax Administration Act 1994 Principal Act amended Disclosure of certain information in relation to fines defaulters Subpart 13—Amendments to Transport Act 1962 116 117 Principal Act amended Owner liability for stationary vehicle offences Schedule 1 Amendments consequential on amendments to District Courts Act 1947 Schedule 2 Amendments consequential on amendments to Summary Proceedings Act 1957 relating to service Schedule 3 Amendment to Schedule 5 of Privacy Act 1993 113 113 113 114 114 114 114 114 114 116 117 118 The Parliament of New Zealand enacts as follows: Title This Act is the Courts and Criminal Matters Act 2010.
Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders 5 may be made bringing different provisions into force on dif- ferent dates.

1 2 (1) 8 Courts and Criminal Matters Bill Part 1 cl 6 (2) Any provisions in Parts 3 and 4 that are not in force on the day that is the first anniversary of the date on which this Act receives the Royal assent come into force on that anniversary day.
3 4 5 Part 1 Amendments to District Courts Act 1947 5 Principal Act amended This Part amends the District Courts Act 1947.
Interpretation Section 2(1) is amended by inserting the following definitions 10 in their appropriate alphabetical order: “constable has the meaning given by section 4 of the Policing Act 2008 “financial assessment hearing has the meaning given by sec- tion 84B “financial statement has the meaning given by section 84A “Police employee has the meaning given by section 4 of the Policing Act 2008”.
15 Appointment of Registrar Section 12 is amended by inserting the following subsection 20 after subsection (2): “(2A) A person who is appointed as a Registrar may exercise the powers and perform the functions and duties of the Registrar of any District Court.” 6 Deputy Registrars Section 14 is amended by inserting the following subsection after subsection (1): “(1A) A person who is appointed as a Deputy Registrar may exercise the powers and perform the functions and duties of a Deputy Registrar of any District Court.” 25 30 9 Part 1 cl 7 Courts and Criminal Matters Bill 7 Appointment of bailiffs Section 15 is amended by inserting the following subsection after subsection (1): “(1A) A person who is appointed as a bailiff may exercise the powers and perform the functions and duties of a bailiff of 5 any District Court.” 8 9 (1) (2) Section 69 repealed Section 69 is repealed.
Nature of proceedings for enforcement of judgment Section 79(1)(a) is amended by omitting “distress warrant” 10 and substituting “warrant to seize property”.

Section 79 is amended by repealing subsection (5) and substi- tuting the following subsections: “(5) An attachment order to enforce a judgment or order for the payment of money may be made, and proceedings for such 15 an attachment order may be commenced, at any time after the judgment is entered or the order made.
“(5A) Except as provided in subsection (5), proceedings to enforce a judgment or order may not be commenced unless— “(a) at least 48 hours have expired after the judgment was 20 entered or the order made; or a Judge grants leave.
“(b) “(5B) Despite subsections (5) and (5A), if a judgment or order may be appealed against without the leave of the court, a Judge may order a stay of any proceedings to enforce the judgment 25 or order, or order that an attachment order to enforce the judg- ment or order not take effect, until after the time allowed for giving notice of appeal has expired.” 10 New section 79A inserted The following section is inserted after section 79: “79A Judgment may be enforced in any District Court 30 A judgment or order of a District Court or a District Court Judge may be enforced in the District Court in which the judg- ment was entered or order made or in any other District Court 10 Courts and Criminal Matters Bill Part 1 cl 12 (and enforcement proceedings may be taken concurrently in accordance with section 79(6) in more than 1 District Court).” Heading above section 84A substituted The heading above section 84A is repealed and the following heading substituted: 5 “Information about judgment debtor’s means”.
New sections 84A to 84E substituted Sections 84A to 84E are repealed and the following sections substituted: 11 12 “84A Filing of financial statement “(1) In this Act, financial statement means a statement, in a form approved by the chief executive of the Ministry of Justice, of a judgment debtor’s— “(a) “(b) assets and liabilities; and income and expenditure for the preceding 52 weeks.

10 15 “(2) A financial statement may be completed by the judgment cred- “(3) itor or the judgment debtor.
If the financial statement is completed by the judgment cred- itor, the statement must include details of the source of the information contained in the statement and the date to which 20 the information relates.

“(4) A completed financial statement may be filed in the court at any time after a judgment or order for the payment of money is entered or made.

“(5) The party who files a completed financial statement must serve 25 a copy of the statement on the other party.
“84AB Notice to complete financial statement “(1) If a judgment creditor serves a notice to complete a financial statement on the judgment debtor, the judgment debtor must, within 14 days after the date of service,— complete a financial statement; and “(a) return it to the judgment creditor.
“(b) “(2) The notice to complete a financial statement must be— 30 “(a) in a form approved by the chief executive of the Min- istry of Justice; and 35 11 Part 1 cl 12 Courts and Criminal Matters Bill “(b) accompanied by 2 copies of the approved form for a fi- nancial statement (1 for the judgment debtor to com- plete and return, the other for the judgment debtor’s use).
“84AC Court to request information about judgment debtor’s 5 “(1) means If a judgment creditor makes an application in a form approved by the chief executive of the Ministry of Justice, the court must request the judgment debtor to provide the court with infor- mation about the judgment debtor’s means for satisfying the 10 judgment debt.

“(2) The request may be made by any means of communication that the court considers appropriate.
“(3) The information may be provided at any place and using any means of communication that the court considers appropriate; 15 and the court may request the person providing the information to verify it on oath.

“(4) The jurisdiction of the court under this section may be exer- cised by the Registrar.
“84AD Court may order hearing if information about judgment debtor’s means not provided, etc 20 “(1) This section applies if— “(a) “(b) “(c) no information about the judgment debtor’s means for satisfying the judgment debt is provided to the court following a request under section 84AC; or the court wishes to obtain information about the judg- ment debtor’s means for satisfying the judgment debt in addition to information provided under section 84AC before exercising its powers under section 84E; or a person providing information to the court under sec- 30 tion 84AC refuses to verify it on oath.
25 “(2) The court may issue a summons, in a form approved by the chief executive of the Ministry of Justice, requiring the judg- ment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor to attend a hearing and be ques- 35 12 Courts and Criminal Matters Bill Part 1 cl 12 “(3) tioned by the court about the judgment debtor’s means for sat- isfying the judgment debt.
If the court issues a summons, the court may also— “(a) order any of the judgment debtor’s books or other docu- ments to be produced at the hearing: “(b) order that the hearing be held at a place other than in a “(c) court: impose such other terms and conditions as the court thinks proper in respect of the hearing.
“(4) The court must— 5 10 “(a) “(b) serve the summons on the judgment debtor at least 3 working days before the date of the hearing; and at the same time as the summons is served notify the judgment debtor of the court’s power to cancel the hear- ing in the circumstances referred to in subsection (6).

15 “(5) The hearing must not be held until at least 3 working days or any shorter period agreed by the judgment debtor has passed after the date on which the summons was served.
“(6) The court may cancel a hearing if, before the date of the hear- ing,— “(a) “(b) 20 such information about the judgment debtor’s means for satisfying the judgment debt is provided that, in the opinion of the court, it is unnecessary for the hearing to take place; and if the court so requests, the person providing the infor- 25 mation verifies it on oath.
“(7) If a hearing takes place,— “(a) the judgment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor must appear in person: the court may require the judgment debtor or officer and any witness to take an oath before giving evidence: the judgment debtor may be represented by a barrister or solicitor who may question the judgment debtor or offi- cer and be heard on the matter of the judgment debtor’s 35 means for satisfying the judgment debt: the judgment debtor or officer may be questioned by the court: 30 “(b) “(c) “(d) 13 Part 1 cl 12 Courts and Criminal Matters Bill “(e) any witness may be questioned by or on behalf of the judgment debtor or by the court.
“(8) A hearing may from time to time be adjourned by the court to a time and place to be appointed.

“(9) The jurisdiction of the court under this section may be exer- 5 cised by the Registrar.
“84B Application for financial assessment hearing “(1) This section applies if a judgment creditor applies, in a form approved by the chief executive of the Ministry of Justice, for a hearing (a financial assessment hearing) for the judgment 10 debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor to be questioned about the judgment debtor’s means for satisfying the judgment debt.
“(2) The court must issue a summons, in a form approved by the chief executive of the Ministry of Justice, requiring the judg- 15 ment debtor or an officer of the judgment debtor to attend the hearing.

“(3) The court may also— “(a) order any of the judgment debtor’s books or other docu- ments to be produced at the hearing: 20 “(b) order that the hearing be held at a place other than in a “(c) court: impose such other terms and conditions as the court thinks proper in respect of the hearing.
“(4) The summons must be served on the judgment debtor.

“(5) The hearing must not be held until at least 3 working days or any shorter period agreed by the parties has passed after the date on which the summons was served.

“(6) The court may cancel a hearing at the request of the judgment creditor.

“(7) The jurisdiction of the court under this section may be exer- cised by the Registrar.
“84C Power to arrest judgment debtor or officer “(1) This section applies if a summons cannot be served on a judg- ment debtor.
“(2) This section also applies if— 14 25 30 35 Courts and Criminal Matters Bill Part 1 cl 12 “(a) “(b) a summons was served on a judgment debtor at least 3 working days or any shorter period agreed under sec- tion 84AD(5) or 84B(5) before the date of the hearing to which the summons relates; but the judgment debtor fails to appear in person at the hear- 5 ing or at any subsequent adjournment of the hearing.
“(3) This section applies in relation to a judgment debtor that is a body corporate if— “(a) service of a summons was effected on the judgment debtor by delivering the summons to, or bringing the 10 summons to the notice of, an officer of the judgment debtor (the relevant officer) in accordance with sec- tion 108B(b) at least 3 working days or any shorter period agreed under section 84AD(5) or 84B(5) be- fore the date of the hearing to which the summons re- 15 lates; but an officer of the judgment debtor (whether or not the relevant officer) fails to appear in person at the hearing or at any subsequent adjournment of the hearing.
“(4) The summons must not be enforced by committal, but a Judge 20 or Registrar may issue a warrant to arrest the judgment debtor or relevant officer.
If the judgment debtor or relevant officer is arrested under this section, the following provisions apply: “(a) “(b) “(5) “(b) “(c) “(d) the judgment debtor or relevant officer must be brought 25 before a Judge or Registrar as soon as possible for the purpose of commencing or continuing the hearing: the judgment debtor or relevant officer is bailable as of right: section 46 of the Summary Proceedings Act 1957 and 30 Parts 1 to 3 of the Bail Act 2000 apply, with any neces- sary modifications, as if an appearance at the hearing before a Judge or Registrar constituted part of the hear- ing of a charge, and as if references in those provisions to a court included references to a Judge or Registrar: if the judgment debtor or relevant officer cannot prac- ticably be brought before a Judge or Registrar, a Police employee or bailiff may take the bail bond of the judg- ment debtor or relevant officer, and Parts 1 to 3 of the 35 15 Part 1 cl 12 Courts and Criminal Matters Bill Bail Act 2000 apply, with any necessary modifications, as if the bail bond were taken by a Police employee under section 21(1) of that Act.
“(6) In this section, summons means— “(a) “(b) a summons to attend a hearing under section 84AD: a summons to attend a financial assessment hearing.

5 “84D Financial assessment hearing “(1) The judgment debtor or, if the judgment debtor is a body cor- porate, an officer of the judgment debtor must appear in person at a financial assessment hearing.

10 “(2) The court may require the judgment debtor or officer and any witness to take an oath before giving evidence.
“(3) The judgment debtor may be represented at the hearing by a barrister or solicitor who may question the judgment debtor or officer and be heard on the matter of the judgment debtor’s 15 means for satisfying the judgment debt.

“(4) The judgment debtor or officer may be questioned by or on behalf of the judgment creditor or by the court.

“(5) Any witness may be questioned by or on behalf of the judg- ment creditor or judgment debtor or by the court.
20 “(6) A financial assessment hearing may from time to time be ad- journed by the court to a time and place to be appointed.

“(7) The jurisdiction of the court under this section may be exer- cised by the Registrar.
“84E Orders by court following filing of financial statement, etc 25 “(1) This section applies if, after a judgment or order for the pay- ment of money has been entered or made,— “(a) “(b) a financial statement is filed in the court; or the judgment debtor provides the court with information about the judgment debtor’s means for satisfying the 30 judgment debt under section 84AC; or a hearing under section 84AD or a financial assessment hearing takes place.
“(c) “(2) The court may do any 1 or more of the following: “(a) direct that 1 or more of the proceedings referred to in 35 section 79(1) be commenced or continued, direct that 16 Courts and Criminal Matters Bill Part 1 cl 14 any steps be taken in such proceedings, and, for any such purpose, issue any warrant or summons or make any order: “(b) make an attachment order under section 84G: “(c) order that the money owing under the judgment or order 5 be paid in instalments: stay any proceedings to enforce the judgment or order: vary any order made under this Act relating to the en- forcement of the judgment or order.
“(d) “(e) “(3) The court may do any of the things referred to in subsection 10 (2) even though— “(a) “(b) “(c) “(d) no application is made for the direction, order, or stay in question; or an application is made for a different direction, order, or stay; or no hearing takes place; or in a case where a financial statement is filed in the court by 1 party, the other party has not had the opportunity to make representations to the court about the financial statement.
“(4) The jurisdiction of the court under this section may be exer- cised by the Registrar.” 13 14 Interpretation Section 84F is amended by inserting the following definition in its appropriate alphabetical order: “earnings period has the meaning given by section 84H”.
New sections 84G and 84H substituted Sections 84G and 84H are repealed and the following sections substituted: 15 20 25 “84G Attachment orders “(1) The court may make an attachment order to enforce a judg- 30 ment or order for the payment of money— “(a) in the circumstances referred to in section 84E(1); or “(b) on the application of the judgment creditor or judgment debtor.
35 17 Part 1 cl 15 Courts and Criminal Matters Bill “(2) If an attachment order is made, the court must serve a copy of the order on the employer to whom the order relates, the judgment creditor, and the judgment debtor.

“(3) Except as otherwise ordered by the court, an attachment order takes effect when a copy of the order is served on the employer.

5 “(4) The jurisdiction of the court under this section may be exer- cised by the Registrar.
10 “(c) “84H Attachment orders: content “(1) An attachment order must be in a form approved by the chief executive of the Ministry of Justice and must specify— the employer to whom the order relates; and “(a) “(b) whether deductions are to be made every week, fort- night, or month, or by reference to some other period (the earnings period); and the amount to be deducted from the judgment debtor’s 15 salary or wages for the earnings period; and the amount below which the net amount paid to the judgment debtor for the earnings period must not fall; and the name and address of the person to whom the 20 amounts deducted are to be paid; and that the order is to remain in force until the judgment debt has been paid in full or, if the order is to remain in force for a fixed period, that period.
“(d) “(e) “(f) “(2) The amounts referred to in subsection (1)(c) and (d) may be 25 set by reference to a fixed amount or a percentage (or both).” Effect of attachment orders Section 84I(1) is amended by omitting “by way of weekly pay- ments of such amount as is specified in the attachment order” and substituting “by way of sums of such amount, and payable 30 by reference to such earnings period, as is specified in the at- tachment order”.
Section 84I(2)(a) is amended by omitting “week” in each place where it appears and substituting in each case “earnings period”.
35 15 (1) (2) 18 Courts and Criminal Matters Bill Part 1 cl 15 (3) Section 84I(2) is amended by repealing paragraph (c) and sub- stituting the following paragraph: “(c) shall be subject to any charge created by an attachment order under the Family Proceedings Act 1980 or the Summary Proceedings Act 1957 and to any item re- 5 ferred to in subsection (5)(a) and (b) (whether cre- ated, issued, or authorised before or after the date on which the order referred to in subsection (1) was made); but”.
10 (4) Section 84I is amended by adding the following subsections: “(3) Despite subsections (1) and (2), no attachment order is to op- erate so that, when its effect is considered either alone or with the effect of any item referred to in subsection (5), the net amount paid to a judgment debtor for an earnings period is below the protected earnings rate for the earnings period; and, 15 where necessary, the amount to be deducted from the judgment debtor’s salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
“(4) Nothing in section 84 of the Social Security Act 1964 applies to an attachment order.

“(5) The items are— 20 “(6) “(a) “(b) “(c) a deduction notice under the Child Support Act 1991, the Family Proceedings Act 1980, the Social Security Act 1964, or the Tax Administration Act 1994: a deduction for the recovery of payments under section 25 86 of the Social Security Act 1964: a charge created by an attachment order under this or any other Act.
In this section,— “net earnings, in relation to an earnings period, means the 30 balance left after deducting from the judgment debtor’s salary or wages for the earnings period the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if the salary or wages were the only salary or wages paid to the judgment debtor by the employer 35 for the earnings period 19 Part 1 cl 16 Courts and Criminal Matters Bill “protected earnings rate, in relation to an earnings period, means the higher of— “(a) “(b) 60% of net earnings for the earnings period; and the amount referred to in section 84H(1)(d).” 16 (1) (2) “(4) 5 Liability of employer Section 84J(1) is amended by omitting “section 84G(7)” and substituting “section 84I(3)”.
Section 84J(4) is repealed and the following subsections are substituted: If the judgment debtor gives notice of resignation, or is given 10 notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 7 days after receiving or giving the notice, notify the person referred to in section 84H(1)(e) of the date of the last day of the judgment debtor’s employment.
15 “(4A) If the employer to whom the attachment order relates ceases to pay salary or wages to the judgment debtor for a reason other than the judgment debtor’s dismissal or resignation from the employment of the employer, the employer must, within 7 days after ceasing to pay the salary or wages, notify the per- 20 son referred to in section 84H(1)(e) of the day on which the salary or wages ceased to be paid.” Extent to which attachment orders bind the Crown Section 84L(3)(c) is amended by omitting “service of the order shall be effected in accordance with section 84H, and,”.
Section 84L(4) is amended by repealing paragraph (a) and sub- stituting the following paragraph: “(a) 25 service of the order must be effected— “(i) by leaving a copy of the order at, or sending a copy of the order by post to, either the District 30 Office of the department nearest to the judgment debtor’s place of residence or an address notified by the chief executive of the department to the chief executive of the Ministry of Justice; or “(ii) by sending the order in electronic form to an 35 email address notified by the chief executive of 17 (1) (2) 20 Courts and Criminal Matters Bill Part 1 cl 19 the department to the chief executive of the Min- istry of Justice; and”.
18 New section 84M substituted Section 84M is repealed and the following section substituted: “84M Variation, suspension, and discharge of attachment 5 orders “(1) A judgment creditor or judgment debtor may apply to the court at any time for an attachment order to be varied, suspended, or discharged.

“(2) The party who makes an application under subsection (1) 10 “(3) “(4) must serve a copy of the application on the other party.
If an application under subsection (1) is made, the court may vary, suspend, or discharge the attachment order if good cause is shown to the satisfaction of the court why the order should be so varied, suspended, or discharged.
If an attachment order is varied, suspended, or discharged under subsection (3), the court must serve notice of the vari- ation, suspension and discharge on the employer to whom the order relates, the judgment creditor, and the judgment debtor; and the variation, suspension, or discharge takes effect when 20 the notice is served on the employer.
15 “(5) An attachment order may also be discharged at any time by written notice from the judgment creditor to the employer to whom the order relates; and the discharge takes effect when the notice is given to the employer.

25 “(6) The jurisdiction of the court under this section may be exer- cised by the Registrar.” 19 (1) (2) Review of Registrar’s decision Section 84N(1) is amended by omitting “section 84B or”.
Section 84N is amended by inserting the following subsection 30 after subsection (1): “(1A) However, a judgment creditor may apply for a review of an order or direction made by a Registrar under section 84E or 84G only if a financial assessment hearing has taken place.” Section 84N(2) is amended by omitting “Every such applica- 35 tion” and substituting “An application under subsection (1)”.
(3) 21 Part 1 cl 20 Courts and Criminal Matters Bill 20 Contempt procedures Section 84O is amended by repealing subsection (1) and sub- stituting the following subsections: “(1) The court may, on the application of a judgment creditor, order the judgment debtor to do community work for a number of 5 hours, not exceeding 200 hours, as the court thinks fit, if— “(a) “(b) subsection (1B) applies.
subsection (1A) applies; and “(1A) This subsection applies if— “(a) “(b) “(c) a financial statement has been filed in the court; or the court has been provided with information about the judgment debtor’s means for satisfying the judgment debt under section 84AC; or a hearing under section 84AD or a financial assessment hearing has taken place.
10 15 “(1B) This subsection applies if the court is satisfied beyond reason- able doubt that— “(a) “(b) the judgment debtor has sufficient means to pay the judgment debt but refuses to do so; and all other methods of enforcing the judgment have been 20 considered or tried and are inappropriate or unsuccess- ful.” 21 22 Judgment debtor doing community work to be discharged on payment Section 84Q(2) is amended by omitting “report to a com- 25 munity work centre” and substituting “report for community work”.
Heading above section 85 substituted The heading above section 85 is repealed and the following heading substituted: 30 “Warrants to seize property”.

23 Warrant of distress (1) Section 85 is amended by omitting the heading and substitut- ing the following heading: “Warrant to seize property”.

22 Courts and Criminal Matters Bill Part 1 cl 27 (2) Section 85(1) is amended by omitting “warrant of distress” and substituting “warrant to seize property”.
Section 85 is amended by adding the following subsection: (3) “(3) A warrant to seize property must be in a form approved by the chief executive of the Ministry of Justice.” 5 24 (1) (2) Immobilisation of motor vehicles Section 85A(1) is amended by omitting “A bailiff or constable executing a distress warrant may, instead of seizing a motor vehicle under a warrant of distress” and substituting “A bailiff or constable executing a warrant to seize property may, while 10 seizing, or instead of seizing, a motor vehicle”.
Section 85A is amended by repealing subsection (4) and sub- stituting the following subsection: “(4) A person commits an offence if, without reasonable excuse, the person— “(a) “(b) tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or removes, or attempts to remove,— “(i) a motor vehicle to which a device is, or has been, attached; or any part of that vehicle; or “(ii) “(iii) any other property from that vehicle.” 15 20 25 26 27 Penalty for rescue of goods seized Section 87 is amended by omitting “warrant of distress” and substituting “warrant to seize property”.
25 Period to elapse before sale Section 88 is amended by omitting “distress warrant” and sub- stituting “warrant to seize property”.

Sale of goods by public auction unless otherwise ordered Section 89 is amended by omitting “warrant of distress” in 30 each place where it appears and substituting in each case “war- rant to seize property”.
23 Part 1 cl 28 Courts and Criminal Matters Bill 28 29 30 31 32 33 34 Protection of bailiff selling goods under execution without notice of claim by third party Section 90(1) is amended by omitting “distress warrant” and substituting “warrant to seize property”.

Procedure when goods seized are secured under bill of sale 5 Section 91 is amended by omitting “warrant of distress” and substituting “warrant to seize property”.
Priority of High Court and District Court executions Section 92 is amended by omitting “warrant of distress” in each place where it appears and substituting in each case “war- 10 rant to seize property”.

Sale of goods where claim made thereto Section 93(1) is amended by omitting “distress warrant” and substituting “warrant to seize property”.

Bailiff’s interpleader Section 94(1) is amended by omitting “warrant of distress” and substituting “warrant to seize property”.
15 Further proceedings if chattels not recovered Section 104(2) is amended by omitting “warrant of distress” and substituting “warrant to seize property”.
20 New heading and sections 108A and 108B inserted The following heading and sections are inserted after section 108: “Service “108A Service of certain documents under this Part “(1) A requirement under this Part for a copy of a completed finan- cial statement or a notice to complete a financial statement to be served on a person (the recipient) is met if— “(a) service of the document is effected by the judgment creditor, the judgment debtor, or an agent of the judg- 30 ment creditor or judgment debtor; and 25 24 Courts and Criminal Matters Bill Part 1 cl 34 “(b) that person effects service using any of Methods 1 to 5 or, in a case described in section 108B, in the way provided in that section.
“(2) A requirement under this Part for a summons to attend a hear- “(b) ing under section 84AD or an application under section 5 84O(1) (including an affidavit in support of such an applica- tion) to be served on a person (the recipient) is met if— “(a) service of the document is effected by an authorised process server; and the authorised process server effects service using any 10 of Methods 1 to 3 or, in a case described in section 108B, in the way provided in that section.
“(3) A requirement under this Part for a summons to attend a finan- cial assessment hearing to be served on a person (the recipi- ent) is met if— “(a) 15 service of the document is effected by the judgment creditor, an agent of the judgment creditor, or an au- thorised process server; and that person effects service using any of Methods 1 to 3 or, in a case described in section 108B, in the way 20 provided in that section.
“(b) “(4) A requirement under this Part for an application for an attach- ment order (including an application to vary, suspend, or dis- charge an attachment order) to be served on a person (the re- cipient) is met if— “(a) 25 service of the document is effected by the judgment creditor, the judgment debtor, or an agent of the judg- ment creditor or judgment debtor; and that person effects service using any of Methods 1 to 5 or, in a case described in section 108B, in the way 30 provided in that section.
“(b) “(5) A requirement under this Part for an attachment order (includ- ing a notice of the variation, suspension, or discharge of an attachment order under section 84M(4)) to be served on a person (the recipient) is met if— “(a) service of the document is effected by an authorised process server; and 35 25 Part 1 cl 34 Courts and Criminal Matters Bill “(b) the authorised process server effects service using any of Methods 1 to 5 or, in a case described in section 108B, in the way provided in that section.
“(6) However, an attachment order made against the chief execu- tive of the department responsible for administering the Social 5 Security Act 1964 must be served in accordance with section 84L(4)(a).
In this section,— “authorised process server means— “(a) “(b) a constable: a Police employee authorised by the Commissioner of Police to serve documents under this Part: an officer of the court: a person authorised to serve documents under this Part under a general or particular authority given by a Dis- 15 trict Court Judge or Registrar: an officer or employee of a body corporate that is au- thorised by the Secretary for Justice to serve documents under this Part “(c) “(d) “(e) 10 “Method 1 means delivering the document to the recipient 20 personally or bringing it to the recipient’s notice if the recipient refuses to accept it “Method 2 means leaving the document for the recipient at the recipient’s place of residence with another person who appears to be of or over the age of 14 years “Method 3 means leaving the document for the recipient at the recipient’s place of business with another person “Method 4 means sending the document to the recipient by prepaid post addressed to the recipient at the recipient’s last known place of residence or business “Method 5 means, if the rules provide for the document to be served electronically, sending the document in electronic form to the recipient in the manner provided for by the rules.” 30 25 “(7) 26 Courts and Criminal Matters Bill Part 1 cl 35 “108B Service of certain documents under this Part: supplementary In a case described in one of the following paragraphs, service of a document may be effected in the way provided in that paragraph: “(a) 5 if a solicitor has signed a memorandum stating that the solicitor is authorised to accept service of the document on behalf of the recipient, by delivering the document to the solicitor: if the recipient is a body corporate, by delivering the 10 document to an officer or employee of the recipient at its head office, principal place of business, or registered office, or bringing it to the officer’s or employee’s notice if the officer or employee refuses to accept it: if the recipient is a Crown organisation, by delivering 15
 the document to an officer or employee of the recipient at the recipient’s head office or principal place of busi- ness: if the recipient is living or working on board any ves- sel (including any vessel belonging to the Royal New 20 Zealand Navy), by delivering the document to the per- son on board who at the time of service is apparently in charge of the vessel: if the recipient is a member of the New Zealand Armed Forces, by delivering the document at a barracks, camp, 25 or station to the officer for the time being in command of the unit or detachment to which the recipient belongs: if the recipient is a prisoner, by delivering the document to the manager or other officer apparently in charge of the prison.” 30 “(b) “(c) “(d) “(e) “(f) 35 (1) (2) Proof of service of documents by officer or constable The heading to section 116A is amended by omitting “by of- ficer or constable”.
Section 116A(1) is amended by omitting “by any officer of a court or by any constable” and substituting “by a person who 35 is authorised to do so under this Act, the rules, or any other enactment”.

27 Part 1 cl 36 Courts and Criminal Matters Bill (3) (4) “(3) Section 116A(2) is amended by omitting “Every officer or con- stable” and substituting “A person”.
Section 116A is amended by adding the following subsection: In the absence of proof to the contrary, where service of a docu- ment referred to in section 108A is effected by Method 4 (ser- 5 vice by prepaid post) in accordance with that section, the docu- ment is deemed to have been served on the person to whom the document is addressed at the time when the document would have been delivered in the ordinary course of post, and in prov- ing service it is sufficient to prove that the letter was properly 10 addressed and posted.” District Courts Rules Section 122(3) is amended by inserting the following para- graph after paragraph (ia): “(ib) providing for electronic service of documents under 15 section 108A:”.
Regulations Section 123(1)(a) is amended by inserting “filing and” after “fees for the”.

Amendments to other Acts The enactments listed in Schedule 1 are amended in the man- ner set out in that schedule.

20 Part 2 Amendments to Land Transport Act 1998 Principal Act amended This Part amends the Land Transport Act 1998.
25 Interpretation Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order: “driver licence stop order means an order imposed under 30 section 91D”.

36 37 38 39 40 28 Courts and Criminal Matters Bill Part 2 cl 42 41 Driver licences are property of Agency and are to be surrendered in certain circumstances (1AA) Section 30(1) is amended by inserting “or subsection (4B)” after “section 19”.
(1AB) Section 30(4) is amended by omitting “or (4A)(b) or (c)” and 5 (1) substituting “(4A)(b) or (c), or (4B)”.

Section 30 is amended by inserting the following subsection after subsection (3A) (4A): “(3B) If an enforcement officer serves a person with a driver licence stop order, the person must immediately surrender his or her 10 driver licence to the enforcement officer.
“(4B) A person on whom a driver licence stop order is imposed must,— “(a) “(b) if the order is served in a way other than that described in section 91AB(1)(a), deliver or post his or her driver 15 licence to an employee or agent of the Ministry of Just- ice at an office of that Ministry or at a District Court: if the order is served in the way described in section 91AB(1)(a), surrender his or her driver licence to the employee or agent of the Ministry of Justice, or to the 20 enforcement officer, who serves the order.” (2) Section 30(4) is amended by inserting “(3B),” after “(3A),”.
42 Demerit points to be recorded by Agency Section 88 is amended by repealing subsection (5) and substi- tuting the following subsections: 25 “(5) For the purposes of subsections (1) and (4), the provisions of subsection (6) apply to an infringement offence in respect of which— “(a) an infringement fee is paid to the enforcement authority, at the address for payment specified in the infringement 30 notice, before a reminder notice is served or within 43 days after service of such a reminder notice; or the enforcement authority enters into an arrangement to pay under section 21(3A) of the Summary Proceedings Act 1957.
35 “(b) “(6) The provisions referred to in subsection (5) are as follows: 29 Part 2 cl 43 Courts and Criminal Matters Bill “(a) “(b) the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and a summary conviction for the offence is to be treated as having been entered against the offender on the date 5 of the payment of the infringement fee or the date on which the arrangement to pay was entered into, as the case may be.” 43 New heading and sections 91A to 91H inserted The following heading and sections are inserted after section 10 91: “Driver licence stop orders “91A Interpretation 15 20 In this section and in sections 91B to 91H, unless the context otherwise requires,— “attachment order means an attachment order issued under section 87(1)(b) or 88(3)(a) of the Summary Proceedings Act 1957 “deduction notice means a notice issued under section 87(1)(c) or 88(3)(a) of the Summary Proceedings Act 1957 “defendant means the person who is required to pay a traffic fine, and includes a young person within the meaning of the Children, Young Persons, and Their Families Act 1989 “payment arrangement means an arrangement under any of section 81, 86, and 86C of the Summary Proceedings Act 25 1957 or section 36 of the Sentencing Act 2002 allowing pay- ment of a traffic fine over a period of time “resolved, in relation to a defendant’s obligation to pay a traf- fic fine, has the same meaning as in section 79(1) of the Sum- mary Proceedings Act 1957 “served personally, in relation to a warning notice or a driver licence stop order, means served in the way described in sec- tion 91AB(1)(a) “substituted sentence means a warrant of commitment is- sued, or any sentence imposed, under section 88(3) of the 35 Summary Proceedings Act 1957 30 30 Courts and Criminal Matters Bill Part 2 cl 43 “traffic fine— “(a) means any amount of money that a person is for the time being obliged to pay under a sentence imposed or an order made, or deemed to be made, by a court in respect
 of a traffic offence, whether the amount payable under 5 that sentence or order is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and includes an offender levy imposed under section 105B of the Sentencing Act 2002 for a traffic offence and any prescribed costs, expenses, or fees payable in respect of 10 the enforcement of any amount of money described in paragraph (a); but does not include any amount of money adjudged or ordered to be paid in a civil proceeding “(b) “(c) 15 “traffic offence means— “(a) any offence against this Act, the Transport Act 1962, the Transport (Vehicle and Driver Registration and Li- censing) Act 1986, the Road User Charges Act 1977, or the Land Transport Management Act 2003, or against any regulation, rule, or bylaw made under any of those 20 Acts: any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations “warning notice means a notice served under section 91C.” 25 “(b) “91AB Ways in which warning notice or driver licence stop order must be served “(1) A warning notice or a driver licence stop order must be served on a defendant in 1 of the following ways: “(a) by an employee or agent of the Ministry of Justice or an 30 enforcement officer delivering it to the defendant per- sonally or bringing it to the defendant’s notice if the de- fendant refuses to accept it: “(b) by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at 35 his or her place of residence, with another person who appears to be of or over the age of 14 years: 31 Part 2 cl 43 Courts and Criminal Matters Bill “(c) by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at the defendant’s place of business or place of work, with another person: “(d) by the chief executive of the Ministry of Justice sending 5 it to the defendant
 by prepaid post addressed to the de- fendant at the defendant’s last known place of residence or business or place of work: if the defendant has a known electronic address, by the chief executive of the Ministry of Justice sending it to 10 the defendant at that address in electronic form.
“(e) “(2) An endorsement on a copy of a warning notice or a driver li- cence stop order stating the fact, mode, date and time of ser- vice and purporting to be signed by an employee or agent of the Ministry of Justice or by an enforcement officer is, in the 15 absence of evidence to the contrary, sufficient proof of service of the notice or order.
If a warning notice or driver licence stop order is served in the way described in subsection (1)(d), then, unless the contrary is shown, the notice or order is served when it would have been 20 delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.
“(3) “91B Liability to driver licence stop order “ A defendant who is obliged to pay a traffic fine is liable to the 25 imposition of a driver licence stop order if— “(a) the defendant has breached the provisions of an enact- ment or the terms of a sentence, an order, or a direction by failing to pay the traffic fine within the time provided or fixed by the enactment, sentence, order, or direction; 30 and the defendant’s obligation to pay the fine is neither dis- charged, by payment in full or remission in full, nor otherwise resolved.
“(b) “(2) For the purposes of subsection (1), a defendant’s obligation 35 to pay a traffic fine is resolved if— “(a) the fine is being reduced, or is to be reduced,— “(i) by a payment arrangement; or 32 Courts and Criminal Matters Bill Part 2 cl 43 “(ii) by a deduction notice; or “(iii) by an attachment order; or “(iv) 5 “(v) in accordance with a direction given under sec- tion 88(3)(fb) of the Summary Proceedings Act 1957; or in accordance with conditions determined under section 36 of the Sentencing Act 2002; or the defendant is currently subject to a substituted sen- tence in respect of that fine; or no further enforcement proceedings may be taken in 10 respect of that fine under a direction given under section 88(3)(g) of the Summary Proceedings Act 1957; or the order to pay the fine is set aside under section 78B(2)(d) of the Summary Proceedings Act 1957 or the fine otherwise ceases to be payable as a result of an 15 appeal.
“(b) “(c) “(d) “91C Warning notice to be sent to served on defendant “(1) If a defendant is liable to the imposition of a driver licence stop order, the chief executive of the Ministry of Justice must arrange for a warning notice to be served on the defendant by 20 delivering it to the defendant or by sending it to the defendant by ordinary post or by electronic means.
“(2) The notice must— “(a) “(b) “(c) explain why the defendant is liable to the imposition of a driver licence stop order and provide details of the 25 unpaid traffic fine to which the liability relates; and if the defendant’s liability is related to the cancellation or revocation of a payment arrangement, deduction no- tice, or an attachment order, give the reason for the can- cellation or revocation; and state that a driver licence stop order will not be imposed if, before the close of the 14th day after service of the notice, the unpaid traffic fine is paid in full, or remitted in full, or the defendant’s obligation to pay the fine is resolved within the meaning of section 91B(2).
35 30 “(3) No driver licence stop order imposed on a person is invalid merely because a notice under subsection (1) was not re- 33 Part 2 cl 43 Courts and Criminal Matters Bill “(4) ceived by that person or was received by that person after the driver licence stop order was imposed on the person.
If a notice under subsection (1) is sent by ordinary post ad- dressed to the defendant at the defendant’s last known place of residence or business or postal address, then, unless the con- 5 trary is shown, the notice is served when the notice would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the notice was properly ad- dressed and posted.
“91D Imposition of driver licence stop order “(1) If, following the expiry of the period of 14 days after service of the notice sent to a defendant under section 91C, the de- fendant continues to be liable to a driver licence stop order because of the traffic fine described in that notice, the chief ex- ecutive of the Ministry of Justice may impose a driver licence 15 stop order on the defendant and issue it for personal service.
10 “(1A) The chief executive of the Ministry of Justice may, on 1 or more occasions, reissue a driver licence stop order that has previously been issued or reissued for service but that is not yet in effect.
20 “(2) An order imposed under subsection (1) must be in a form approved by the chief executive of the Ministry of Justice and must state— “(a) “(b) the name of the defendant; and the traffic fine in respect of which the order is imposed 25 and the amount owing on that fine; and that the order will stay in effect until the defendant’s obligation to pay the traffic fine is discharged by pay- ment in full or remission in full, or until it is resolved within the meaning of section 91H(6); and that, immediately after the order is served on the defen- dant takes effect, any driver licence held by the defen- dant, including any limited licence issued under section 105, is suspended until the driver licence stop order is cancelled in accordance with section 91G or termin- 35 ated in accordance with section 91H; and that if the order is served personally by an employee or agent of the Ministry of Justice or by an enforcement 30 “(c) “(d) “(e) 34 Courts and Criminal Matters Bill Part 2 cl 43 officer, the defendant must surrender any driver licence held by the defendant to that employee or agent or to that enforcement officer the Agency, and if the order is served on the defendant by an enforcement officer, the defendant must surrender that driver licence to that 5 enforcement officer; and “(f) “(ea) that if the order is served, but is not served personally, the defendant must post or deliver any driver licence held by the defendant to an employee or agent of the Ministry of Justice at an office of that Ministry or at a 10 District Court; and if the defendant does not hold a current driver licence when the order takes effect, that— “(i) the defendant is disqualified from holding or ob- taining a driver licence (including any limited li- 15 cence) until the driver licence stop order is can- celled in accordance with section 91G or ter- minated in accordance with section 91H; and if the defendant is authorised to obtain a limited licence, the limited licence may not be issued by 20 the Agency until the driver licence stop order is so cancelled or terminated.
“(3) When the order is issued for personal service, the defendant becomes liable to pay a single fee for the order, and that single fee— “(a) “(ii) 25 is deemed to be imposed when the order is first issued, regardless of the number of times that the same order may subsequently be reissued; and is not affected by the number of fines in respect of which the order is issued, so that if, for example, the order is 30 issued for 2 fines, the fee is 1 fee and not 2 fees; and is, for enforcement purposes, deemed to be a fine.
“(b) “(c) “(4) The amount of the fee deemed to be imposed by subsection (3) is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957, in respect of enforcement 35 action taken under that Act to enforce a fine.
35 Part 2 cl 43 Courts and Criminal Matters Bill “91E Personal service required for driver licence stop order “(1) A driver licence stop order imposed on a defendant must be served personally on the defendant by an employee or agent of the Ministry of Justice or by an enforcement officer.
“(2) A driver licence stop order must be served on the defendant in 5 1 of the following ways: “(a) by being delivered to the defendant personally or by be- ing brought to the defendant’s notice if he or she refuses to accept it: “(b) by being left for the defendant at his or her place of 10 residence with another person who appears to be of or over the age of 14 years: by being left for the defendant at the defendant’s place of business.
“(c) “(3) An endorsement on a copy of a driver licence stop order stating 15 the fact and the date and time of service and purporting to be signed by an employee or agent of the Ministry of Justice or by an enforcement officer is, in the absence of evidence to the contrary, sufficient proof of service of the order.
“91F Effect of driver licence stop order “(1) A driver licence stop order that is imposed on a defendant takes effect immediately after the order is served on the defendant and continues in effect until it is cancelled under section 91G or terminated under section 91H.
20 “(1) A driver licence stop order that is imposed on a defendant takes 25 effect— “(a) “(b) if the order is served personally on the defendant, im- mediately after the order is so served: if the order is served, but is not served personally, on the defendant and the defendant posts or delivers the driver 30 licence to an employee or agent of the Ministry of Just- ice, immediately after that employee or agent receives the defendant’s driver licence.
“(1A) A driver licence stop order that is in effect continues in effect until it is cancelled under section 91G or terminated under 35 section 91H.
36 Courts and Criminal Matters Bill Part 2 cl 43 “(2) Throughout the time that a driver licence stop order is in ef- fect,— “(a) “(b) “(c) any driver licence held by the defendant on whom the order is imposed, including any limited licence held under section 105, is suspended; and if the defendant on whom the order is imposed does not hold a current driver licence when the order takes effect, the defendant is disqualified from holding or obtaining a driver licence, including any limited licence under sec- tion 105; and if the defendant’s driver licence is suspended under paragraph (a), the defendant may not hold or obtain another driver licence, including any limited licence under section 105.
5 10 “(3) A defendant on whom a driver licence stop order is served 15 must,— “(a) “(b) if the order is served by an employee or agent of the Ministry of Justice, surrender his or her licence to that employee or agent or to the Agency: if the order is served by an enforcement officer, surren- 20 der his or her licence to that enforcement officer in ac- cordance with section 30(3B).
“(4) An employee, agent, or enforcement officer to whom a driver licence has been surrendered under subsection (3) must im- mediately forward the driver licence to the Agency.

25 “(5) The chief executive of the Ministry of Justice must notify the Agency and may notify the Commissioner of the driver licence stop order and of the date and time when it took effect.
“91G Cancellation of driver licence stop order “(1) The chief executive of the Ministry of Justice may, if there is 30 good reason for doing so, cancel a driver licence stop order.

“(2) Without limiting the generality of subsection (1), a good rea- son exists, for the purposes of that subsection, if the driver li- cence stop order— “(a) was imposed or served in error; or “(b) is inconsistent with a judicial determination.
35 37 Part 2 cl 43 Courts and Criminal Matters Bill “(3) The chief executive of the Ministry of Justice must give no- tice of the cancellation to the person on whom the order was imposed and to the Agency.

“(4) The cancellation takes effect when it is shown on the national register maintained under section 199.
5 “(5) When the Agency receives notice of the cancellation, the Agency must, if the defendant’s driver licence was surren- dered to the Agency and the defendant is otherwise eligible to hold a current driver licence, replace the photo driver licence and send it by ordinary post to the defendant’s address 10 recorded on the national register maintained under section 199.
“(6) The chief executive of the Ministry of Justice must pay the Agency the prescribed fee for replacing the photo driver li- cence in accordance with subsection (5)(b).

15 “91H Termination of driver licence stop order if traffic fine paid or resolved “(1) The chief executive of the Ministry of Justice must terminate a driver licence stop order if the defendant’s obligation to pay the traffic fine is discharged by payment in full or remission in 20 full or if the defendant’s obligation is resolved.
“(2) The chief executive of the Ministry of Justice must give notice of the termination to the defendant and to the Agency.

“(3) The termination takes effect when it is shown on the national register maintained under section 199.
25 “(4) When the Agency receives notice of the termination, the Agency must, if the defendant’s driver licence was surren- dered to the Agency and the defendant is otherwise eligible to hold a current driver licence, replace the photo driver licence and send it by ordinary post to the defendant’s address 30 recorded on the national register maintained under section 199.
“(5) The chief executive of the Ministry of Justice must pay the Agency the prescribed fee for replacing the photo driver li- cence in accordance with subsection (4).
35 “(6) For the purposes of subsection (1), a defendant’s obligation to pay a traffic fine is resolved when— 38 Courts and Criminal Matters Bill Part 2 cl 45 “(a) “(b) “(c) “(d) “(e) the Ministry of Justice receives the first payment made— “(i) under, or in respect of, a payment arrangement entered into in respect of the fine (whether or not that arrangement has come into force); or “(ii) under an attachment order issued in respect of the 5 fine; or “(iii) under a deduction notice issued in respect of the fine; or a substituted sentence is imposed on the defendant in 10 respect of the fine; or a Judge or Community Magistrate gives a direction under section 88(3)(fb) of the Summary Proceedings Act 1957 that a greater time for payment of the fine be allowed; or a Judge or Community Magistrate gives a direction under section 88(3)(g) of the Summary Proceedings Act 1957 that no further enforcement action be taken in respect of the fine; or the order to pay the fine is set aside under section 20 78B(2)(d) of the Summary Proceedings Act 1957 or the fine otherwise ceases to be payable as a result of an appeal.” 15 44 Vehicle seized and impounded for 28 days in certain circumstances Section 96(6) is amended by repealing paragraph (b) and sub- stituting the following paragraph: the vehicle has not been— “(b) “(i) “(ii) been seized under the Summary Proceedings Act 30 been released; or 25 1957; or “(iii) been confiscated under the Sentencing Act 2002.” 45 Impoundment of vehicle used in transport service Section 96A(6) is amended by repealing paragraph (b) and 35 substituting the following paragraph: “(b) the vehicle has not been— 39 Part 2 cl 46 Courts and Criminal Matters Bill been released; or “(i) “(ii) been seized under the Summary Proceedings Act 1957; or “(iii) been confiscated under the Sentencing Act 2002.” Persons who may apply to court for limited licence Section 103(2) is amended by adding the following paragraph: a person on in respect of whom a driver licence stop “(e) order has been imposed and served, if that order con- tinues is in effect.” 5 10 Court may make order authorising grant of limited licence Section 105(7)(a) is amended by omitting “must be” and sub- stituting “is”.
Section 105 is amended by inserting the following subsection 15 after subsection (7): 46 47 (1) (2) “(7A) If a driver licence stop order is imposed and served on takes effect in respect of a person who holds a limited licence or is authorised to obtain a limited licence, then the limited li- cence— “(a) 20 is revoked or may not be issued (as the case may be); and is revived or may be issued (as the case may be) on the cancellation or termination of the driver licence stop order unless the person is otherwise disqualified from 25 holding a limited licence.
“(b) “(b) may, when cancelled under section 91G or terminated under section 91H, be reissued or issued (as the case may be) unless the person is otherwise disqualified from holding a limited licence.” 30 Section 105(8) is amended by inserting “or (7A)” after “sub- section (7)”.
Owner liability for moving vehicle offences Section 133(4)(c) is amended by repealing subparagraph (i) and substituting the following subparagraph: 35 (3) 48 40 Courts and Criminal Matters Bill Part 2 cl 49 “(i) identifying the driver, by giving— “(A) the full name and full address of the driver; and “(B) any other identifying particulars, so far as they are within the person’s knowledge, 5 such as the driver’s date of birth, occupa- tion, telephone number; or”.
49 New section 140 substituted Section 140 is repealed and the following section substituted: “140 Contents of infringement and reminder notices “(1) An infringement notice must be in the form prescribed by 10 regulations made under this Act and must contain— “(a) 15 details of the alleged infringement offence that are suf- ficient fairly to inform a person of the time, place, and nature of the alleged offence; and in the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and in the case of an infringement offence (other than a speeding offence) in respect of which a scale of in- 20 fringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement of- fence alleged; and the amount of the infringement fee specified in respect of that offence; and the address of the place at which the infringement fee may be paid; and the time within which the infringement fee may be paid; and a summary of the provisions of section 21(10) of the 30 Summary Proceedings Act 1957; and in the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133 of this Act; and a statement of the right of the person served with the 35 notice to request a hearing; and 25 “(b) “(c) “(d) “(e) “(f) “(g) “(h) “(i) 41 Part 2 cl 50 Courts and Criminal Matters Bill “(j) “(k) a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and any other particulars as are prescribed.
“(2) A reminder notice must— 5 “(a) “(b) “(c) be in the form prescribed by regulations made under this Act; and include the same particulars, or substantially the same particulars, as the infringement notice; and in the case of an offence to which demerit points apply, 10 include a statement that demerit points apply to the al- leged offence.
“(3) Different forms of infringement notices and reminder no- tices may be prescribed for different kinds of infringement offences.” 15 50 (1) (2) Agency to maintain register of driver licences Section 199(2)(k) is amended by inserting “, including under any driver licence stop order,” after “held by the holder”.

Section 199(2) is amended by inserting the following para- graph after paragraph (n): “(na) information about any cancellation or termination of a driver licence stop order:”.
(3) Section 199(6)(b) is amended by omitting “to (n)” and substi- tuting “to (na)”.

Part 3 Amendments to Summary Proceedings Act 1957 Principal Act amended This Part amends the Summary Proceedings Act 1957.

Interpretation Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order: “Police employee has the same meaning as in section 4 of the Policing Act 2008”.
51 52 42 20 25 30 Courts and Criminal Matters Bill Part 3 cl 54 53 (1) (2) (3) “(5) Summary procedure for infringement offences Section 21(3A) is amended by omitting “the defendant to pay the infringement fee” in each place where it appears and sub- stituting in each case “the infringement fee to be paid”.

Section 21(3C)(a) is amended by omitting “the defendant to 5 pay the infringement fee” and substituting “the infringement fee to be paid”.
Section 21 is amended by repealing subsections (5) and (5A) and substituting the following subsections: If,— “(a) under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is al- leged to have been committed; and those particulars are verified under subsection (4B),— 15 “(b) then the court in which the reminder notice is deemed, by sub- section (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in re- spect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the 20 offence together with costs of the prescribed amount.
10 “(5A) If,— “(a) under subsection (3D), particulars of a reminder no- tice are provided before the close of the date that is 12 months after the date on which the infringement offence 25 is alleged to have been committed; and “(b) those particulars are verified under subsection (4B),— then the court in which the reminder notice is deemed, by sub- section (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in re- 30 spect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.
54 New section 23A inserted The following section is inserted above section 24: 35 43 Part 3 cl 55 Courts and Criminal Matters Bill “23A Service of documents: sections 24 to 29 not to apply to Part 3 Sections 24 to 29 do not apply to any summons or other docu- ment required to be served under Part 3; sections 79A to 79D apply instead.” 5 55 Mode of service of documents on defendant Section 24(1) is amended by repealing paragraph (d) and sub- stituting the following paragraphs: “(d) in the case of a notice relating to an infringement of- fence or a minor offence as defined in section 20A(12), 10 by being sent by letter by ordinary post addressed to the defendant at the defendant’s last known place of resi- dence or business; or in the case of a notice relating to an infringement of- fence required to be served on a defendant who does 15 not have a known place of residence in New Zealand but has a known electronic address, by being sent to the defendant at that address in electronic form in accord- ance with rules made under this Act:”.
“(e) 56 (1) Power to correct irregularities in proceedings for infringement offences Section 78B(1)(a) is amended by repealing subparagraph (ii) and substituting the following subparagraphs: 20 “(ii) the defendant (not being a defendant who, under section 78C(1) or (3), is ineligible to rely on 25 this ground) did not in fact receive the reminder notice required to have been served on the defen- dant under section 21; or “(iia) the defendant did not in fact receive a copy of the notice of hearing required to have been served on 30 the defendant under section 21; or”.
Section 78B is amended by inserting the following subsection after subsection (1): (2) “(1A) No more than 1 application, made in reliance on the ground stated in subsection (1)(a)(ii), may be granted in respect of 35 the same infringement offence.” 44 Courts and Criminal Matters Bill Part 3 cl 56 (3) Section 78B is amended by repealing subsection (4) and sub- stituting the following subsections: “(4) A Registrar may not exercise the power conferred by subsec- tion (2)(d) except where the application is made under subsec- tion (1)(b).
5 “(4A) While an application under subsection (1) is pending,— “(a) “(b) no warrant, order, or notice may be issued or take effect to enforce the order to which that application relates; and the Registrar must take appropriate steps to ensure that 10 the order is not acted on.
15 “(b) “(4B) Despite subsection (4A), if, before an application under sub- section (1) is made, any property has been seized under a war- rant to seize property to enforce the order to which that appli- cation relates, — “(a) any seized property that has not been sold must be re- tained under section 100B(3) while the application is pending; and if the order to which the application relates continues in effect after the application is determined or is discon- 20 tinued, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made; and if, on the determination of the application the order is 25 set aside or ceases to have effect in accordance with subsection (5), the owner is entitled to the return of the property and is not liable for any fees and costs payable under an enactment in respect of the property.
“(4C) In any case where a Judge or Registrar gives a direction au- 30 thorising the service of a reminder notice or a copy of a re- minder notice under subsection (2)(a) or (b) (a new reminder notice) in replacement of, or by reference to, a previous re- minder notice, then— “(a) section 21(3)(b), (3D)(b), and (10)(a), if applicable to 35 the case, apply as if the reference to the date of service of the reminder notice were a reference to the date of the direction by the Judge or Registrar; and “(c) 45 Part 3 cl 57 Courts and Criminal Matters Bill “(b) section 21(3B)(b)21(3B), (5)(a), (5A)(a), and (8)(d), if applicable to the case, apply as if the reference to the time when the offence is alleged to have been commit- ted were a reference to the date of the direction by the Judge or Registrar.
“(4D) If, under subsection (2)(b), a Judge or Registrar authorises the informant to serve on the defendant a new reminder notice, the defendant may not give notice requesting a hearing in respect of the infringement offence to which that notice relates if the Registrar is satisfied— “(a) that the previous reminder notice was sent to the defen- dant by ordinary post; and that this occurred following the defendant’s default in paying 1 or more instalments under an arrangement en- tered into under section 21(3A) or (3C)(a).
“(4E) If, under subsection (2)(d), an order is set aside following an application made by the informant under subsection (1)(b), the setting aside is not a bar to any other proceedings in the same matter.” “(b) 57 New section 78C inserted The following section is inserted after section 78B: “78C Certain defendants ineligible to rely on non-receipt of reminder notice 5 10 15 20 “(1) A defendant is not eligible to rely, under section 78B(1)(a)(ii), on the ground that the defendant did not in fact 25 receive a reminder notice if the Registrar is satisfied that the defendant was personally served with the infringement notice to which the reminder notice relates.
“(2) However, even though a defendant has been personally served with an infringement notice relating to an infringement of- 30 fence, subsection (1) does not apply to the defendant if the defendant— “(a) has entered into an arrangement, under section 21(3A) or (3C)(a), in respect of that infringement offence; and following a default in the payment of 1 or more instal- 35 ments under that arrangement, has been served by or- dinary post with a reminder notice in respect of that in- fringement offence.
“(b) 46 “(3) “(4) 58 “79 “(1) Courts and Criminal Matters Bill Part 3 cl 58 In the case of an infringement notice issued for an owner liabil- ity offence, the defendant is not eligible to rely on the ground stated in section 78B(1)(a)(ii) unless the Registrar is satis- fied, on the basis of documentary evidence of a kind approved by the Registrar, that, at the date of the commission of that 5 offence, the defendant had, in respect of the motor vehicle to which the infringement notice relates, complied with any ap- plicable obligations imposed on the defendant by Part 17 of the Land Transport Act 1998 and regulations made under that Act.
In this section, owner liability offence means an offence re- ferred to in section 41A of the Transport Act 1962 or section 133 of the Land Transport Act 1998.” 10 New sections 79 to 79D and heading substituted Section 79 is repealed and the following sections and heading 15 are substituted: Interpretation In this Part, unless the context otherwise requires,— “chief executive means the chief executive of the Ministry of Justice “default balance means the amount owed by a defendant in respect of 1 or more overdue fines “employer includes, in relation to payments of the kind re- ferred to in this section in the definition of salary or wages, the person or body making the payments “fine— “(a) 25 20 includes any amount of money, or any part of an amount of money, that a person is obliged to pay under a sen- tence or an order imposed by a court in respect of an offence, whether that amount is described as a fine or as 30 costs, levies, expenses, fees, reparation, or otherwise; and includes any levy payable under section 105B of the Sentencing Act 2002 and any prescribed costs, ex- penses, or fees payable in respect of the enforcement 35 of an obligation to pay any amount of money, or any “(b) 47 Part 3 cl 58 Courts and Criminal Matters Bill “(c) part of an amount of money, described in paragraph (a); but does not include any amount of money ordered to be paid in a civil proceeding “hire purchase agreement means— “(a) an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid: an agreement for the purchase of goods by instalment payments, however the agreement describes the pay- ments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid “(b) 5 10 15 “imposed, in relation to a fine, includes ordered and deemed to be ordered “impoundment costs, in
 relation to a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, means the fees and charges 20 for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167 of that Act, and, where those fees and charges have already been paid by the chief executive, means the amount required to reimburse the chief executive for that payment “interest means any proprietary interest, whether legal or equitable, and whether vested or contingent “lease does not include a security agreement hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 30 is a party “negotiable instrument has the same meaning as in section 16 of the Personal Property Securities Act 1999 “overdue, in relation to a fine, means— “(a) that the fine has, in breach of the provisions of an enact- 35 ment or the terms of a sentence, an order, or a direction, not been paid in full within the time provided or fixed by the enactment, sentence, order, or direction; and 25 48 Courts and Criminal Matters Bill Part 3 cl 58 “(b) that the defendant’s obligation to pay the fine has not been resolved “person who is registered, in relation to a motor vehicle, means the person who is registered under the Land Transport Act 1998 in respect of the vehicle, and where several persons 5 are so registered, means any one of those persons “property includes money and negotiable instruments “resolved, in relation to a defendant’s obligation to pay a fine, means that— “(a) the fine is being reduced, or is to be reduced,— “(i) by an arrangement under any of sections 81, 86, and 86C; or 10 “(ii) by a deduction notice issued under section 83(2)(c), 87(1)(c) or 88(3)(a); or “(iii) by an attachment order issued under section 15 “(v) “(iv) 87(1)(b) or 88(3)(a); or in accordance with a direction given under sec- tion 88(3)(fb); or in accordance with
 conditions determined under section 36 of the Sentencing Act 2002; or the defendant is currently subject to a substituted sen- tence in respect of that fine; or the fine may not be further enforced because of a direc- tion given under section 88(3)(g); or the order to pay the fine is set aside under section 25 78B(2)(d) or the fine otherwise ceases to be payable as a result of an appeal 20 “(b) “(c) “(d) “salary or wages includes— “(a) a retiring allowance or pension or other payment of a similar nature: all payments of weekly compensation made by the Ac- cident Compensation Corporation under the Accident Compensation Act 2001: a bonus or an incentive payment: a payment of commission: a payment in consideration of work performed under a contract for services: a benefit 30 35 “(b) “(c) “(d) “(e) “(f) 49 Part 3 cl 58 Courts and Criminal Matters Bill “security agreement has the same meaning as in section 16 of the Personal Property Securities Act 1999, but does not include a lease “security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999, but does not include a 5 lease “secured party has the same meaning as in section 16 of the Personal Property Securities Act 1999, except that the refer- ence to security interest is a reference to security interest as defined by this subsection “substituted sentence means a warrant of commitment is- sued, or any sentence imposed, under section 88(3) “traffic fine means a fine payable in respect of a traffic offence “traffic offence means— “(a) 10 any offence against the Transport Act 1962, the Road 15 User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Manage- ment Act 2003 or against any regulation, rule, or bylaw made under any of those Acts: any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or
 transport stations 20 “(b) “use, in relation to a motor vehicle, includes driving, drawing, towing, or propelling by means of another vehicle, and per- 25 mitting to be on any road “written caution means a caution issued under section 93.
“(2) For the purposes of this section and sections 93 to 100S, a person is, in relation to a defendant, a substitute for the defendant or a substitute if— “(a) the person is served with a written caution, under sec- tion 93, about the defendant’s default in paying a traffic fine for a traffic offence; and 30 “(b) within 4 years after the date of service of that written caution, the defendant— “(i) commits a further traffic offence while using a motor vehicle that, at the time of the commission 35 50 Courts and Criminal Matters Bill Part 3 cl 58 of that further offence, the person owned or had an interest in; and “(ii) has a traffic fine imposed on him or her for that further traffic offence; and “(iii) defaults, and continues to be in default, on the 5 further fine described in subparagraph (ii).
“(3) For the purposes of sections 93 to 100S, property is owned by a person whether the person owns it solely or as a joint tenant or tenant in common with any other person.
“(4) For the purposes of the exercise of any power, or the perform- 10 ance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
15 “(5) A reference in sections 93 to 100S to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the person who is registered in respect of the motor vehicle but whose purported ownership or registration is 20 subject to an understanding or arrangement that the person— is not to acquire any rights, or only limited rights, in the “(a) motor vehicle; and “(b) will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant.
25 “Service under this Part “79A Mode of service under this Part “(1) A requirement under this Part for a document to be served on, or given to, a person (a recipient) may be met in any of the following ways: “(a) by an authorised process server delivering the document to the recipient personally or bringing it to the recipi- ent’s notice if the recipient refuses to accept it: “(b) by an authorised process server leaving the document 30 for the recipient at the recipient’s place of residence 35 with another person (other than the defendant) who ap- pears to be of or over the age of 14 years: 51 Part 3 cl 58 Courts and Criminal Matters Bill “(c) by an authorised process server leaving the document for the recipient at the recipient’s place of business with another person (other than the defendant): “(d) where the document is required to be served or given by the Registrar, by the Registrar or an agent of the 5 Registrar sending the document to the recipient by pre- paid post addressed to the recipient at the recipient’s last known place of residence or business: “(e) where the document is required to be served or given by the chief executive, by the chief executive or an em- 10 ployee or agent of the chief executive sending the docu- ment to the recipient by prepaid post addressed to the re- cipient at the recipient’s last known place of residence or business: “(f) where the document is required to be served or given by 15 the Registrar, by the Registrar or an agent of the Regis- trar sending the document to the recipient in electronic form in any case where rules made under section 212 apply specific provisions of the Electronic Transactions Act 2002 to the provision of this Part under which the 20 document is to be served or given: if authorised by regulations made under section 212, by the Registrar or an agent of the Registrar sending the document in electronic form to the recipient, or con- veying its contents orally, including by telephone, in a 25 manner prescribed by the regulations.
“(g) “(3) “(2) Despite subsection (1), a written caution under section 93 may be served only in the manner described in paragraphs (a) to (c) of that subsection.
In this section and in section 79B, an authorised process 30 server means a person who is— “(a) “(b) a constable; or a Police employee authorised by the Commissioner of Police to serve documents under this Act; or an officer of the Court; or a person who is authorised to serve documents under this Part under a general or particular authority given by a District Court Judge or Registrar; or 35 “(c) “(d) 52 Courts and Criminal Matters Bill Part 3 cl 58 “(e) an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part.
“79B Mode of service under this Part modified in special cases In a case described in one of the following paragraphs, service 5 may be effected in the way provided in that paragraph: “(a) 10 if a solicitor has signed a memorandum stating that the solicitor is authorised to accept service of the docu- ment on behalf of the recipient, by an authorised process server delivering the document to the solicitor: if the recipient is a body corporate, by an authorised process server delivering the document to an officer or employee of the body corporate at its head office, prin- cipal place of business, or registered office, or bringing it to the officer’s or employee’s notice if the officer or 15 employee refuses to accept it: if the recipient is a Crown organisation, by an authorised process server delivering the document to an officer or employee of the recipient at the recipient’s head office or principal place of business: if the recipient is living or working on board any ves- sel (including any vessel belonging to the Royal New Zealand Navy), by an authorised process server deliv- ering the document to the person on board who at the time of service is apparently in charge of the vessel: if the recipient is a member of the New Zealand Armed Forces, by an authorised process server delivering the document at the barracks, camp, or station to the officer for the time being in command of the unit or detachment to which the recipient belongs: if the recipient is a prisoner, by an authorised process server delivering the document to the manager or other officer apparently in charge of the prison.
25 20 30 “(b) “(c) “(d) “(e) “(f) “79C Manner of notification not requiring particular document “(1) If a provision in this Part requires or contemplates that an of- 35 ficial notify a person about a matter, without requiring that the person receive a particular document, the official may notify 53 Part 3 cl 58 Courts and Criminal Matters Bill “(2) the person face to face or by telephone, or by prepaid post, fax, email, text, or other electronic means.
In this section, official means— “(a) “(b) “(c) “(d) the chief executive; or a Registrar; or a bailiff; or an agent of the chief executive, of a Registrar, or of a bailiff.
5 “79D Proof of service or notification “(1) The service of any document or the notification of a matter 10 may be proved— “(a) by affidavit or oral evidence made or given by the per- son who served the document or made the notification, stating the fact, date, time, and mode of service or noti- fication; or “(b) by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic docu- ment, showing the fact, date, time, and mode of service or notification.
15 “(2) An endorsement under subsection (1)(b) must,— 20 “(a) “(b) in the case of the service of a document by a person other than the Registrar, be signed by the person who served the document: in the case of a document served, or a matter notified, by the Registrar, be signed by the Registrar or an agent of 25 the Registrar or by any officer of the Court who knows of the service or the notification.
In the absence of proof to the contrary, service of a document effected, in accordance with section 79A(1)(d), by prepaid post, is deemed to have been effected on the person to whom 30 the letter is addressed at the time when the letter would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter was properly ad- dressed and posted.
“(3) “(4) Every person who wilfully endorses any false statement of the 35 fact, date, time, or mode of service on a copy of any document or on a computer printout commits an offence, and is liable 54 Courts and Criminal Matters Bill Part 3 cl 62 on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.” Further amendments to principal Act relating to service The principal Act is amended in the manner indicated in Schedule 2.
5 Time to pay or payment by instalments Section 81(1) is amended by omitting “the Court” and substi- tuting “a District Court Judge, or a Registrar directed to do so in a particular case by a Judge,”.
Statement of means Section 82 is amended by inserting the following subsection after subsection (1): 10 59 60 61 “(1A) The Court may also order that a defendant supply a state- ment of means where such a statement of means has not been supplied under subsection (1) in relation to a fine, and a Dis- 15 trict Court Judge or a Registrar is considering making an order under section 81(1) in relation to that fine.” 62 New section 84 substituted Section 84 is repealed and the following section substituted: “84 Notice of fine “(1) Where, on the determination of an information or a complaint, the defendant is ordered to pay or becomes liable to pay a fine, the Registrar must promptly give the defendant a notice of the fine.
“(c) “(a) “(b) “(2) Every notice given under subsection (1) must— state the amount of the fine: state the date on or before which payment of the fine is to be made: state the times and places at which payment of the fine may be made: inform the defendant of the defendant’s rights of appeal: inform the defendant that a Registrar or bailiff may enter into an arrangement with the defendant for an extension of time to pay, whether by instalments or otherwise: “(d) “(e) 20 25 30 55 Part 3 cl 63 Courts and Criminal Matters Bill “(f) inform the defendant that if the fine is not paid within 28 days after the day on which it was imposed, and no order has been made under section 81 and no arrangement has been entered into under section 86 or 86C, the following kinds of enforcement may be taken (which 5 must be explained in general terms): “(i) “(ii) “(iii) a deduction notice: “(iv) a driver licence stop order: a warrant to seize property: an attachment order: 10 “(g) notify the defendant that, instead of taking the kinds of enforcement action described in paragraph (f), the Registrar may issue a warrant to arrest the defendant and have the defendant brought before a District Court Judge with a view to having a substitute sentence im- 15 posed: “(h) notify the defendant that any default balance of the de- fendant will be disclosed to recognised users (within the meaning of section 92A) who are authorised to receive that information.
20 “(3) Failure to comply with this section does not of itself invalidate any subsequent proceeding.

“(5) “(4) Despite the requirements of this section, it is the responsibil- ity of the defendant to take all necessary steps to find out the decision of the Court, the defendant’s obligations under that 25 decision, and the defendant’s rights in relation to that decision.
It is not necessary to comply with the requirements of this section in any case where, before the notice is given,— “(a) “(b) “(c) a fine is paid in full; or an order is made under section 81(1) or 83(1); or an arrangement is entered into under section 86 or 86C.” 30 Section 85 repealed Section 85 (which requires that a final notice of fine be deliv- ered or sent to the defendant) is repealed.
35 63 56 Courts and Criminal Matters Bill Part 3 cl 64 64 New sections 86 to 86D substituted Sections 86, 86A, and 86B are repealed and the following sec- tions substituted: “86 Registrar may arrange extension of time to pay “(1) If a fine is payable and is not subject to an order for immediate 5 payment, the Registrar may enter into an arrangement with a defendant or with a representative of the defendant to allow for either or both of the following: “(a) a greater time for payment: “(b) payment to be made by instalments.
10 “(2) No arrangement under subsection (1) may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

“(3) Before the Registrar enters into an arrangement under subsec- “(4) “(5) “(6) tion (1), the Registrar may consider any information received 15 from any person about the financial position of the defendant or, as the case requires, about the defendant’s representative.
In any case where any information described in subsection (3) comes from a third party, the information must include details of the source of the information and the date to which 20 the information relates.

If a fine may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the defendant as if default had been made in the payment of all instalments then remaining unpaid.
In this section and in sections 86A to 86D, representative means a person who enters into the arrangement concerned with the written or oral consent of the defendant or who is authorised to do so by operation of law.
25 “86A Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order 30 “(1) A Registrar may determine that an arrangement extending the time to pay a fine, or an attachment order, be varied, sus- pended, or cancelled if the Registrar has reason to believe that— “(a) the defendant or, as the case requires, the defendant’s representative has, for the purpose of entering into the 35 57 Part 3 cl 64 Courts and Criminal Matters Bill arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant’s representative; or the financial position of the defendant or, as the case re- quires, the defendant’s representative has changed sig- 5 nificantly since the date on which the arrangement was entered into; or the defendant has, in connection with the making of the attachment order, supplied false or misleading informa- tion about the financial position of the defendant; or the financial position of the defendant has changed sig- nificantly since the date on which the attachment order was made.
10 “(b) “(c) “(d) “(2) A Registrar may determine that an arrangement extending the “(b) time to pay a fine be varied, suspended, or cancelled if another 15 fine that is not subject to the arrangement is imposed on the defendant and— “(a) the defendant agrees to the determination proposed by the Registrar; or the defendant defaults in the payment of the subsequent 20 fine, and— “(i) the Registrar is unable to contact the defendant; or the Registrar contacts the defendant but is unable to reach an agreement with the defendant as to 25 how the subsequent fine is to be paid.
If, in a case where there is an arrangement extending the time to pay a fine with a representative of the defendant, a further fine that is not subject to the arrangement is imposed on the de- fendant, the Registrar may determine that the arrangement— 30 be varied, suspended, or cancelled if the representative “(a) agrees to the determination proposed by the Registrar: “(b) be suspended or cancelled if the defendant defaults in “(ii) the payment of the subsequent fine, and— “(i) the Registrar is unable to contact the representa- 35 tive; or the Registrar contacts the representative but is unable to reach an agreement with the represen- tative as to how the subsequent fine is to be paid.
“(ii) “(3) 58 Courts and Criminal Matters Bill Part 3 cl 64 “(4) A Registrar may determine that an attachment order be varied, suspended, or cancelled if another fine that is not subject to the attachment order is imposed on the defendant and the defen- dant defaults in the payment of the subsequent fine, and— the Registrar is unable to contact the defendant; or “(a) the Registrar contacts the defendant, but is unable to “(b) reach an agreement with the defendant as to how the subsequent fine is to be paid.
5 “(5) If subsection (1), (2)(b)(ii), (3)(b)(ii), or (4)(b) applies, the Registrar must, before he or she makes a determination in re- 10 lation to the arrangement or the attachment order,— “(a) notify the defendant or, as the case requires, the defen- dant’s representative— “(i) “(ii) of the proposed determination and the reasons for the proposed determination; and that the defendant or, as the case requires, the defendant’s representative may give reasons, in an oral or written submission to the Registrar, why the proposed determination should not be made; and “(iii) that, if it is intended to make an oral submission, that intention must be advised to the Registrar within 10 days after the date of the notification and that any such submission must be made at a time specified by the Registrar; and that any written submission must be received by the Registrar within 10 days after the date of the notification; and “(iv) 15 20 25 “(b) consider any— “(i) oral submission made in accordance with para- 30 graph (a)(iii); and “(ii) written submissions received within the 10-day period referred to in paragraph (a)(iv).
“(6) In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the deter- 35 mination takes effect.
“(7) A determination under this section takes effect on the follow- ing dates: 59 Part 3 cl 64 Courts and Criminal Matters Bill “(a) where subsection (1), (2)(b)(ii), (3)(b)(ii), or (4)(b) applies,— “(i) “(ii) if the Registrar receives neither a request to make an oral submission nor a written submission within the 10-day period referred to in subsec- 5 tion (5)(a)(iii) or (iv), on the date on which that period expires; or if after hearing an oral submission in accord- ance with subsection (5)(a)(iii), or considering a written submission received within the 10-day 10 period referred to in subsection (5)(a)(iv), the Registrar decides to proceed with the proposed determination, on a specified date that the Regis- trar notifies to the defendant or, as the case re- quires, the defendant’s representative: 15 “(b) where subsection (2)(a) or (3)(a) applies, on the date that the Registrar obtains the agreement of the defen- dant or, as the case requires, the defendant’s represen- tative under either of those subsections: “(c) where subsection (2)(b)(i), (3)(b)(i), or (4)(a) ap- 20 plies, on a date specified by the Registrar.
“(8) In this section and sections 86C, 87, and 87AA, arrangement extending the time to pay a fine means an arrangement that— “(a) allows for either or both of the following: “(i) a greater time to pay a fine: “(ii) payment by instalments; and is entered into by— “(i) “(ii) a Registrar under section 86; or a bailiff under section 86C (in which case the ar- rangement must have come into force in accord- 30 ance with that section).
25 “(b) “86B Determinations affecting attachment orders “(1) If an attachment order is cancelled or suspended under sec- tion 86A, the Registrar must serve notice of the cancellation or suspension on the employer to whom it relates and the can- 35 cellation or suspension takes effect when it is so served.
60 Courts and Criminal Matters Bill Part 3 cl 64 “(2) If a variation of an attachment order takes effect under section 86A, the Registrar must issue a new attachment order under section 87 in place of the existing order.

“86C Bailiff may arrange extension of time to pay “(1) If a fine is payable and is not subject to an order for immediate 5 payment, a bailiff may enter into an arrangement extending the time to pay the fine with a defendant or with a representative of the defendant.
“(2) No arrangement extending the time to pay the fine may permit a fine to remain unpaid for more than 5 years after the date on 10 which the arrangement is entered into.

“(3) As soon as practicable after a bailiff enters into an arrangement extending the time to pay the fine, the bailiff must notify the Registrar of the arrangement.
“(4) When the Registrar is notified of the arrangement, the Regis- 15 trar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, of the defendant’s representative, can- cel the arrangement within 7 days after being notified of that arrangement.
In any case where any information described in subsection (4) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
“(5) 20 “(6) The arrangement comes into force,— 25 “(a) “(b) if the Registrar approves the arrangement before the ex- piry of 7 days after the day on which the Registrar is no- tified of the arrangement, when the Registrar gives that approval: if on the expiry of 7 days after the day on which the 30 Registrar is notified of the arrangement the Registrar has neither approved nor cancelled the arrangement, on the eighth day after the day on which the Registrar is so notified.
“(7) The defendant or, as the case requires, the defendant’s repre- 35 sentative— 61 Part 3 cl 64 Courts and Criminal Matters Bill “(b) “(a) may make payments under the arrangement when it comes into force in accordance with subsection (6); and is not prevented from making payments in respect of a fine if those payments are not part of the arrangement.
If a fine may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the defendant as if default had been made in the payment of all instalments then remaining unpaid.
5 “(8) “86D Bailiff may vary, suspend, or cancel arrangement for 10 extension of time to pay fine “(1) A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if the bailiff has reason to believe that— “(a) the defendant or, as the case requires, the defendant’s 15 representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant’s representative; or the financial position of the defendant or, as the case re- 20 quires, the defendant’s representative has changed sig- nificantly since the date on which the arrangement was entered into.
“(b) “(2) A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another 25 fine that is not subject to the arrangement is imposed on the defendant and— “(a) the defendant agrees to the determination proposed by the bailiff; or the defendant defaults in the payment of the subsequent 30 fine, and— “(i) “(ii) the bailiff is unable to contact the defendant; or the bailiff contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
“(b) 35 “(3) If, in a case where a representative of a defendant is party to an arrangement extending the time to pay a fine, a further fine that 62 Courts and Criminal Matters Bill Part 3 cl 64 is not subject to the arrangement is imposed on the defendant, the bailiff may determine that the arrangement— “(a) be varied, suspended, or cancelled if the representative agrees to the determination proposed by the bailiff: “(b) be suspended or cancelled if the defendant defaults in 5 the payment of the subsequent fine, and— “(i) the bailiff is unable to contact the representative; or the bailiff contacts the representative but is un- able to reach an agreement with the representa- 10 tive as to how the subsequent fine is to be paid.
“(ii) If subsection (1), (2)(b)(ii), or (3)(b)(ii) applies, the bailiff must, before he or she makes a determination in relation to the arrangement,— “(a) notify the defendant or, as the case requires, the repre- 15 sentative— “(i) of the proposed determination and the reasons for the proposed determination; and that the defendant or, as the case requires, the defendant’s representative may give reasons, in 20 an oral or a written submission to the bailiff, why the proposed determination should not be made; and “(ii) “(4) “(iii) that, if it is intended to make an oral submission, that intention must be advised to the bailiff within 25 10 days after the date of the notification and that any such submission must be made at a time spe- cified by the bailiff; and that any written submission must be received by the bailiff within 10 days after the date of the 30 notification; and “(iv) “(b) consider any— “(i) oral submission made in accordance with para- graph (a)(iii); and “(ii) written submissions received within the 10-day 35 period referred to in paragraph (a)(iv).” “(5) In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the deter- mination takes effect.
63 Part 3 cl 64A Courts and Criminal Matters Bill “(6) As soon as practicable after the bailiff makes a determination under this section, the bailiff must notify the Registrar of the determination.
“(7) When the Registrar is notified of the determination, the Regis- trar may, after taking into account any information received 5 from any person about the financial position of the defendant or, as the case requires, the defendant’s representative, cancel the determination within 7 days after being notified of that de- termination.
In any case where any information described in subsection 10 (7) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
If the Registrar does not cancel the determination, the deter- mination comes into force 8 days after the Registrar is noti- 15 fied of that determination or on the day on which the Registrar sooner approves the determination.” “(8) “(9) 64A Action where fine not paid or where arrangement or attachment order cancelled Section 87(1) is amended by omitting “or a Registrar cancels 20 an arrangement extending the time to pay a fine, or an attach- ment order, in accordance with section 86B,” and substituting “or an arrangement extending the time to pay a fine, or an at- tachment order, is cancelled in accordance with section 86A or 86D”.
25 Power to obtain information in respect of beneficiaries 65 (1AA) Section 87AA(1)(a) is amended by repealing subparagraph (ia) and substituting the following subparagaph: “(ia) considering whether an arrangement extending the time to pay a fine or an attachment order is to 30 be varied, suspended, or cancelled under section 86A or 86D; or” (1AB) Section 87AA(1)(a)(ii) is amended by omitting “section 105(3)” and substituting “section 105(8)”.
Section 87AA(1) is amended by omitting “, by notice in writ- 35 ing,”.

(1) 64 Courts and Criminal Matters Bill Part 3 cl 67 (2) (3) 66 (1) (2) (3) Section 87AA(2)(g) is amended by omitting “any benefit that is paid to the defendant” and substituting “the defendant in his or her capacity as a beneficiary”.

Section 87AA(3A) is amended by omitting “on receipt of a notice under subsection (1)”.

5 Action where fine remains unpaid Section 88(2C)(b) is repealed.
Section 88(3)(f) is amended by omitting “under paragraph (a) or paragraph (b) of this subsection”.
Section 88(3) is amended by repealing paragraph (fa) and sub- 10 stituting the following paragraph: “(fa) if the amount that the defendant owes in respect of 1 unpaid fine, or in total in respect of more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken to enforce 1 or all 15 of the fines making up the total owing by the defendant as if the fine or fines were an order for the payment of money and as if the Registrar had obtained the order; or”.
(4) Section 88(10) is amended by adding “or a constable”.

20 67 New sections 88A and 88B substituted Sections 88A and 88B are repealed and the following sections substituted: “88A Civil enforcement of fines “(1) If, under section 88(3)(fa), a District Court Judge gives a 25 direction in relation to 1 or more fines, the District Court is deemed to have made, in its civil jurisdiction, an order that the defendant pay the Registrar the total amount of that fine or those fines.
“(2) The order deemed to have been made under subsection (1) 30 may be enforced as if that order were a final order for the pay- ment of money and as if the Registrar were the relevant judg- ment creditor.

“(3) The Registrar may take steps, under section 66 of the District Courts Act 1947, to have the order deemed to have been made 35 under subsection (1) removed into the High Court.
65 Part 3 cl 67 Courts and Criminal Matters Bill “(4) Action to enforce the order deemed to have been made under subsection (1) must be taken— “(a) under the District Courts Act 1947 and the District Courts Rules 2009 unless that order is removed into the High Court; or “(b) under the High Court Rules if that order is removed into the High Court.
“88B Remission of fine “(1) The Registrar may make an order remitting any fine that in- cludes reparation or compensation to another person if— the amount outstanding is $25 or less; and “(a) the fine was imposed at least 3 years before the date on “(b) which the Registrar makes the order remitting the fine; and the Registrar has— “(i) obtained the consent of the other person to remit the fine; or “(c) 5 10 15 “(ii) made reasonable efforts to find the other person and obtain his or her consent, and has not been able to find that person and obtain his or her con- 20 sent.” “(2) The Registrar may make an order remitting any fine that does not include reparation or compensation if— “(a) the amount outstanding is not greater than $50 or any other amount prescribed by regulations made under sec- 25 tion 212; and the fine was imposed at least 1 year before the date on which the Registrar makes the order remitting the fine.
“(3) The Registrar may make an order remitting any fine other than “(b) reparation or compensation if the Registrar is satisfied that the 30 defendant is a deceased individual or a body corporate or an unincorporated body that has been wound up.

“(4) For the purposes of subsections (2) and (3), court costs or other costs that are referable to any reparation or compensation must be excluded from that reparation or compensation.
“(5) The Registrar may at any time make an order remitting any amount of court costs and costs associated with the enforce- ment of a fine, including court costs and costs associated with 35 66 Courts and Criminal Matters Bill Part 3 cl 69 the enforcement of reparation or compensation or any levy payable under the Sentencing Act 2002.
“(6) The Registrar may at any time make an order remitting any fine that is lower than the lowest amount expressed on any coin that is legal tender in New Zealand.” 5 68 New section 91 substituted Section 91 is repealed and the following section substituted: “91 Defendant on substituted sentence to be discharged on payment of fine “(1) On the payment of a fine for which a defendant is imprisoned 10 on a warrant of commitment for non-payment of the fine, the Registrar must immediately notify the prison manager of the payment, and the manager must discharge the defendant from the prison unless the defendant is also in custody for some other reason.
15 “(2) On the payment of a fine for which a defendant is subject to a sentence of community work, community detention, or home detention for non-payment of the fine, the Registrar must im- mediately notify the probation officer supervising the sentence of the payment, and the probation officer must direct that the 20 defendant be no longer subject to that sentence in respect of the fine.
“(3) On completion of a term of imprisonment or any sentence re- ferred to in subsection (2), the fine in respect of which the term of imprisonment or the sentence was imposed is remit- 25 ted.” 69 New heading and sections 92A to 92I inserted The following heading and sections are inserted after section 92: “Disclosure of default balances to certain authorised persons 30 “92A Interpretation In this section and in sections 92B to 92I, unless the context otherwise requires,— “access code means any form of data that enables a recognised 35 user to submit a fine status query 67 Part 3 cl 69 Courts and Criminal Matters Bill “agency has the same meaning as in section 2(1) of the Privacy Act 1993 “credit reporter means an agency that carries on the business of reporting to other persons information relevant to the as- sessment of the creditworthiness of individuals or bodies cor- 5 porate “fine status query means a query as to whether a query subject has a default balance and, if so, the amount of that balance “fine status response means a response to a fine status query “fines enforcement records means the records of the Ministry 10 of Justice described in Schedule 5 of the Privacy Act 1993 in the item relating to the enforcement of fines and other orders “identifying particulars means— “(a) full name; and former names and aliases (if any); and in the case of an individual, the individual’s— “(i) “(ii) “(iii) sex; and “(iv) date of birth; and “(v) “(vi) previous addresses (if applicable), but not more 20 current address; and 15 than 2; and “(b) “(vii) occupation (if applicable); and “(viii) employer (if any) identified by name; and in the case of a person that is not an individual, the person’s— “(i) “(ii) “(iii) previous addresses (if applicable), but not more full name; and current address; and than 2; and trading name (if applicable) “(iv) “query subject means the person about whom a fine status query is to be made, is being made, or has been made, under section 92D “recognised user means an agency that— “(a) “(b)
 is a credit reporter; or is a member of a class of persons specified by regula- tions made under section 92I for the purposes of this definition; or 25 30 35 68 Courts and Criminal Matters Bill Part 3 cl 69 “(c) “(c) is a person authorised by the Minister for Courts to sub- mit fine status queries and receive fine status responses the Minister for Courts has, in accordance with criteria prescribed by regulations made under section 92I, au- thorised as a recognised user “subscriber, in relation to a credit reporter, means a person who, under an agreement that complies with requirements pre- scribed by a code of practice for the time being issued under the Privacy Act 1993, has access to information held by that credit reporter.
5 10 “92B Purpose of disclosure and use of information “(1) The purpose of sections 92C to 92I is to provide incentives to defendants who have default balances to pay or resolve the required payments in accordance with this Act.
In order to achieve that purpose, sections 92C to 92I author- 15 ise— “(a) authorise the chief executive to disclose fine status re- sponses to recognised users to enable— “(i) “(2) “(ii) credit reporters to report that information to sub- scribers; and recognised users other than credit reporters to as- sess the creditworthiness of query subjects and to protect themselves against the possible subordi- nation of their security interests that might other- wise be required by this Act: 20 25 “(b) authorise credit reporters to disclose fine status re- sponses— “(i) to subscribers to enable them to assess the credit- worthiness of query subjects; and in particular, to those subscribers who are credit 30 providers to enable them to protect themselves against the possible subordination of their secur- ity interests that might otherwise be required by this Act: “(ii) “(c) authorise the chief executive to use identifying par- 35 ticulars received from recognised users to enhance the accuracy and completeness of the fines enforcement records: 69 Part 3 cl 69 Courts and Criminal Matters Bill “(d) require the chief executive to monitor the compliance of recognised users and to audit their records for that compliance.
“92C Access codes “(1) If satisfied that an agency is a recognised user, the chief ex- 5 ecutive may issue to the agency an access code.

“(2) The access code may be issued subject to any conditions or “(3) “(4) restrictions that the chief executive considers appropriate.
If satisfied that a recognised user has breached any provision of this Act or regulations made under section 92I or has failed 10 to comply with any conditions or restrictions imposed under subsection (2), the chief executive may, in accordance with regulations made under section 92I, cancel the access code issued to the recognised user.
If the chief executive is satisfied that the access code of a 15 recognised user should not have been cancelled or that any breach on the part of any recognised user whose access code has been cancelled is unlikely to recur, the chief executive may issue to that recognised user another access code.
“92D Recognised user may submit fine status query “(1) A fine status query must— 20 “(a) “(b) “(c) be sent in a manner approved by the chief executive; and identify the recognised user; and set out the identifying particulars of the query subject; 25 and “(d) provide an assurance that— “(i) “(ii) the query subject has consented in writing to the submission of a fine status query that includes the identifying particulars of the query subject, and 30 to the disclosure of any resulting fine status re- sponse to the recognised user and, if the recog- nised user is a credit reporter, also to any sub- scriber on whose behalf the fine status response is sought; and if the fine status query is sent by a credit reporter, the credit reporter is acting on a request by a 35 70 Courts and Criminal Matters Bill Part 3 cl 69 subscriber made on the same day on which the query is sent.
“(2) A recognised user who sends a fine status query must keep, for the period specified by regulations made under section 92I, a record evidencing the consent given by the query subject for 5 the purpose of the fine status query.
“92E Fine status response by chief executive “(1) When the chief executive receives a fine status query, the chief executive must, where practicable, perform, or have an elec- tronic system perform, the following operations: “(a) 10 “(b) “(c) “(d) check if the fine status query has been submitted by a recognised user: if the identity of the recognised user is confirmed, com- pare the identifying particulars of the query subject with identifying particulars recorded in the fines enforce- 15 ment records: if the identifying particulars of the query subject in the fine status query are, according to prescribed criteria, shown to correspond with those of a defendant recorded in the fines enforcement records as having a default bal- 20 ance, the chief executive must send the recognised user a fine status response stating that, as at the date of the response, the query subject has a default balance and the amount of that balance: in any case to which paragraph (c) does not apply, the 25 chief executive must send the recognised user a fine sta- tus response stating that the identifying particulars of the query subject do not correspond with the identifying particulars of any defendant shown in the fines enforce- ment records as having a default balance.
30 “(2) If compliance with subsection (1) is for any reason imprac- ticable, the chief executive must advise notify the recognised user that the fine status query cannot be processed and may ask the recognised user to submit another fine status query.
“92F Disclosure and use of fine status response restricted “(1) A recognised user may not disclose the information contained in a fine status response unless the recognised user is a credit 35 71 Part 3 cl 69 Courts and Criminal Matters Bill reporter who makes that disclosure in accordance with sub- section (2).
“(1) A recognised user may not disclose the information contained in a fine status response unless the decision is made— “(a) for the purpose of making the information available, 5 in accordance with the Privacy Act 1993, to the query subject to whom the information relates; or for the purposes of an audit conducted under section 92H or to a Registrar under section 100J; or in accordance with subsection (2), in any case where 10 the recognised user is a credit reporter.
“(b) “(c) “(2) A credit reporter may only disclose the information contained in a fine status response to the subscriber who requested the information, and only if the disclosure is made not later than 24 hours after receipt, under section 92E, of that response.
“(3) A person who contravenes this section or who discloses or uses information in contravention of any regulations made under section 92I is, for the purposes of Part 8 of the Privacy Act 1993, taken to have breached an information privacy principle under section 66(1)(a)(i) of that Act.
15 20 “92G Query subject to be notified of proposed combination of information “(1) This section applies where— “(a) “(b) “(c) the identifying particulars submitted in a fine status query about a query subject diverge in 1 or more re- 25 spects (the diverging particulars) from the identifying particulars by which a particular defendant, with a default balance, is identified in the fines enforcement records; and the chief executive nevertheless has reason to believe 30 that the identifying particulars are those of that defen- dant; and the chief executive proposes to combine the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant.
35 “(2) Before the chief executive combines the diverging particulars with the identifying particulars shown in the fines enforce- ment records about the defendant, the chief executive must 72 Courts and Criminal Matters Bill Part 3 cl 69 first comply with section 103 of the Privacy Act 1993 as if the diverging particulars were a discrepancy and the proposed combination were an adverse action taken against the query subject.
If, following the chief executive’s compliance with section 103 5 of the Privacy Act 1993, any information in the fines status response sent to a recognised user about a query subject is shown to be incorrect, the chief executive must inform notify the recognised user of the corrected information.
If the recognised user is a credit reporter who has disclosed 10 the information contained in the fine status response to a sub- scriber, the credit reporter must promptly advise the subscriber of the corrected information.

“(3) “(4) “(5) For the purposes of section 100J, any corrected information received by a recognised user or subscriber under subsection 15 (3) or (4) must be disregarded.
“92H Monitoring and audits by chief executive “(1) The chief executive must— “(a) monitor the compliance of recognised users with sec- tions 92D and 92F, with regulations made under sec- 20 tion 92I, and with conditions imposed on recognised users by the chief executive: in accordance with regulations made under section 92I, audit the records of recognised users for that compliance.
25 “(b) “(2) In performing the chief executive’s functions under subsec- tion (1), the chief executive must periodically report to the Privacy Commissioner on the performance of the chief execu- tive’s functions under that subsection.

“(3) The chief executive must— “(a) monitor his or her compliance with sections 92C to 92G and this section and with any regulations made under section 92I; and report to the Privacy Commissioner, at agreed intervals, on that compliance.
“(b) 30 35 73 Part 3 cl 69 Courts and Criminal Matters Bill “92I Regulations “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister for Courts, make regulations for all or any of the following purposes: “(a) “(b) “(c) prescribing the criteria to be applied by the Minister for 5 Courts in authorising agencies as recognised users: specifying classes of persons for the purposes of the definition of recognised user in section 92A: providing for the manner in which access codes may be cancelled, and in particular the prior notice, and op- 10 portunity for submissions, to be given to the recognised user concerned: “(d) providing for the manner in which fine status responses “(f) “(e) are disclosed to recognised users: providing for the manner in which identifying particu- 15 lars received from recognised users are processed: prescribing criteria for assessing whether the identify- ing particulars of a query subject in a fine status query correspond with those of a person shown in the fines en- forcement records as having a default balance: “(g) prescribing criteria by which divergences in particulars are to be regarded, or are not to be regarded, as diverg- ing particulars for the purposes of section 92G: “(h) prescribing restrictions on the disclosure and use, by 20 recognised users and subscribers, of the information 25 contained in fine status responses, including, without limitation, restrictions on combining that information with other information: prescribing the manner in which the information con- tained in a fine status response may be disclosed by a 30 recognised user who is a credit reporter to the subscriber who requested the information: prescribing the period for which fine status responses may be retained or used by recognised users and subscribers, and requiring the destruction of those 35 responses on the expiry of specified periods: “(i) “(j) “(k) providing for the manner and timing of audits con- ducted under section 92H, and for the delivery of 74 Courts and
 Criminal Matters Bill Part 3 cl 70 “(l) audit reports to the Privacy Commissioner and any other persons specified in the regulations: prescribing, for audit purposes, the kinds of records that recognised users must keep in respect of fine sta- tus queries and fine status responses, and the manner in 5 which, and the duration for which, those records must be kept: “(m) providing for a person’s status as a recognised user to be terminated by the Minister for Courts in specified circumstances, even though that person comes within 10 the definition of that term in section 92A: “(n) prescribing that a breach of specified regulations made under paragraph (i) or (j) must be treated, for the pur- poses of Part 8 of the Privacy Act 1993, as if it were a breach of an information privacy principle under sec- 15 tion 66(1)(a)(i) of that Act: “(o) prescribing the fees that are payable in respect of ac- cess codes allocated by the chief executive, fine status queries, or fine status responses.
“(2) Before the Minister for Courts recommends the making of 20 regulations under subsection (1), the Minister must consult the Privacy Commissioner.

“(2) Before the Minister for Courts recommends the making of regulations under subsection (1), the Minister must— “(a) “(b) be satisfied that the proposed regulations are consistent with the purpose stated in section 92B(1) and the le- gislative framework described in section 92B(2).
consult the Privacy Commissioner; and 25 “(3) This section does not limit section 212.” 70 New headings and sections 93 to 100S substituted Sections 93 to 100Y are repealed and the following headings and sections substituted: 30 “Written cautions in case of certain traffic fines “93 Written caution to person holding interest in motor “(1) vehicle If a defendant defaults in paying any traffic fine for a traffic offence committed while using a motor vehicle in which the 35 75 Part 3 cl 70 Courts and Criminal Matters Bill defendant does not appear to have an interest, the Registrar may order that a written caution be served on any person who appears to own or to have an interest in the motor vehicle.
“(2) Despite subsection (1), a written caution is not to be served— “(a) on anyone if the Registrar is satisfied that the motor vehicle— “(i) was stolen or converted at the material time; or “(ii) was let on hire at the material time in accord- 5 ance with a rental service licence under the Land 10 Transport Act 1998:; or “(b) on a person who the Registrar is satisfied is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the 15 defendant.
“(3) The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a traffic fine for any further traffic offence committed— “(a) while using a motor vehicle in which the person has an 20 interest as owner or otherwise; and “(b) within 4 years after the date on which the written cau- tion is served on the person.
“(4) A written caution must provide the following information: 25 “(a) “(b) “(c) “(d) “(e) the name and identifying details of the defendant: the relevant traffic fine that the defendant has defaulted in paying: the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were commit- 30 ted: that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2) has been established to the satisfaction of the Registrar: 35 the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient.
76 Courts and Criminal Matters Bill Part 3 cl 70 “94 Review of written caution “(1) A person served with a written caution under section 93 may, within 20 working days after the date of service, apply to the Court for a review by a District Court Judge of the decision to serve the person, on 1 or more of the following grounds: “(a) 5 “(b) “(c) “(d) the motor vehicle was stolen or converted at the material time: the person did not own or have an interest in the motor vehicle at the material time: the person is a secured party under a security agreement 10 relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land 15 Transport Act 1998.
“(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

“(3) The Judge must conduct the review on the papers unless the 20 “(4) Judge considers that a hearing is necessary.
If the Judge is satisfied that a ground stated in subsection (1) applies, the following provisions apply: “(a) “(b) “(c) “(d) 25 the Judge must cancel the written caution served on the applicant: if the ground for cancelling the applicant’s written cau- tion is that stated in subsection (1)(a) or (d), the Judge must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant: the Registrar must advise notify every person (including the applicant) whose written caution is cancelled of that outcome: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on 35 the person.
30 77 Part 3 cl 70 Courts and Criminal Matters Bill “95 Written caution of no effect if fine quashed or set aside “(1) If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.

If a written caution ceases to have effect under subsection 5 (1), the Registrar must advise notify every person served with the written caution of that outcome.
“(2) “96 Challenge of seizure by persons treated as substitutes “(1) If a motor vehicle is seized on the basis that the person who owns or appears to own it or has or appears to have an interest 10 in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds: “(a) “(b) “(c) “(d) “(e) “(f) the person did not own or have an interest in the motor 15 vehicle at the material time: the motor vehicle was stolen or converted at the material time: the person took all reasonable steps to prevent the de- fendant from committing the traffic offence or traffic of- 20 fences: the person had not, before the commission of the rele- vant traffic offence, been served with a written caution under section 93 in relation to the defendant: the person is a secured party under a security agreement 25 relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land 30 Transport Act 1998.
“(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

“(3) The Judge must consider the application on the papers unless 35 the Judge considers that a hearing is necessary.
“(4) The Judge may order the return of the motor vehicle if satisfied that— 78 Courts and Criminal Matters Bill Part 3 cl 70 “(a) “(b) “(c) a ground stated in subsection (1)(b) or (f) applies; or another ground stated in subsection (1) applies to the applicant and to every other person who is treated as a substitute for the defendant; or it would, in the circumstances, be unreasonable for the 5 vehicle to be sold or disposed of.
“Seizure, release, and sale of property “97 Purposes of sections 98 to 100S The purposes of sections 98 to 100S are— “(a) to enable fines in default to be collected more effectively 10 through the seizure of property; and in cases where the fines in default relate to traffic offend- ing, to reduce opportunities for offending of that kind.
“(b) “98 Warrant to seize property “(1) Where any warrant to seize property is issued under section 15 83(2)(a), 87(1)(a), or 88(3)(a), the warrant applies so as to authorise the seizure of— “(a) any property that is apparently the property of the de- fendant; and if the warrant is issued in respect of a traffic fine and 20 there is a substitute for the defendant, any motor vehicle that is apparently the property of the substitute.
“(b) “(2) Every warrant to seize property must contain full details of the fine and the amount remaining unpaid in respect of the fine.
“(3) Without limiting any other provision of this Act, a warrant to 25 seize property referred to in subsection (1) may be in the form of a computer printout of information entered by a Regis- trar into a computer system accessible to the Police or a bailiff, and the following provisions apply in relation to every such warrant: “(a) 30 information about a defendant that is so entered by the Registrar may be printed out by a constable or a bailiff, and for all purposes constitutes a warrant to seize prop- erty: the warrant is valid for a period of 28 days beginning on 35 the date of its printing, and the warrant then lapses: “(b) 79 Part 3 cl 70 Courts and Criminal Matters Bill “(c) at any time and from time to time after a warrant lapses under paragraph (b),— “(i) “(ii) the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the 5 Police or a bailiff: a constable or a bailiff may obtain a further print- out of the original information entered by the Registrar or obtain a printout of the re-entered in- formation or of the information entered into the 10 other computer system, and every such printout constitutes a fresh warrant to seize property.
Seizure of property “99 “(1) For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter any premises, 15 by force if necessary, if that bailiff or constable has reasonable cause to believe that property in respect of which the warrant is issued is on the premises.

If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that 20 person and demand payment.
“(2) “(3) Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.

“(4) Without limiting anything in section 100C, any bailiff or con- 25 stable seizing a motor vehicle under a warrant to seize prop- erty may, instead of or while seizing the vehicle, immobilise the vehicle by attaching to the vehicle any device designed for that purpose.
“(5) When property is seized under a warrant to seize property, the 30 bailiff or constable must promptly give the defendant or the substitute a notice in a form approved by the chief executive— “(a) “(b) directing the defendant or the substitute for the defen- identifying the property seized; and dant to notify the Registrar, within 7 days after the date 35 of the seizure, whether the defendant or the substitute owns or has an interest in the property and to give the Registrar the name and address of any other person who 80 Courts and Criminal Matters Bill Part 3 cl 70 owns or has an interest (including any a lease or secur- ity interest) in the property.
“(6) The notice required to be given by subsection (5) must be delivered to the defendant or the substitute, or left for the de- fendant or the substitute in a conspicuous place at the premises 5 from which the property is seized, or sent to the defendant or the substitute by ordinary post, fax, email, or other electronic means.
“100 Seizure of motor vehicles impounded under Land Transport Act 1998 10 “(1) Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for 15 at least 14 days.
“(2) The power to seize a motor vehicle described in subsection (1) is not limited by any appeal pending under section 102 or 110 of the Land Transport Act 1998.
“100A Seizure of motor vehicle not precluded by low value or 20 low interest Consistent with the purposes stated in section 97, a motor vehicle may be seized in accordance with this Part even though it would be uneconomic to sell the vehicle or the proceeds from a sale of the vehicle would be insufficient to pay the fine in 25 default or any part of that fine, whether because of the low value of the vehicle or the low value of the interest that the defendant or the substitute has in the motor vehicle, or for any other reason.
“100B Seized property to be retained by or for Registrar “(1) The bailiff or constable executing a warrant to seize property must ensure that property seized under the warrant is— “(a) “(b) taken to the Registrar; or if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the 35 Registrar.
30 81 Part 3 cl 70 Courts and Criminal Matters Bill “(2) If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then— “(a) the vehicle may, despite that Act or any other enact- ment, be towed to any place specified by the Registrar; 5 and “(b) no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.
10 “(3) The Registrar must ensure the seized property is retained until the fine is paid or the property is sold or otherwise disposed of or released in accordance with a determination of the Registrar or a District Court Judge.
“100C Immobilisation of motor vehicles “(1) Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.
15 20 “(2) No motor vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, it is— “(a) “(b) on private property; or in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue in- 25 convenience to other persons.

“(3) Where any motor vehicle is immobilised under subsection (1), any bailiff or constable— “(a) may at any time seize the vehicle: “(b) must, on the direction of a Registrar, seize the vehicle.
“(4) When a motor vehicle is seized under subsection (3), sec- 30 tion 100B applies accordingly.

If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1), the fine remains unpaid or is not resolved, the Registrar must direct a bailiff or constable to 35 seize the vehicle.
“(5) 82 Courts and Criminal Matters Bill Part 3 cl 70 “(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without rea- sonable excuse,— “(a) “(b) tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or removes, or attempts to remove,— “(i) a motor vehicle to which a device is, or has been, attached under subsection (1); or any part of that vehicle; or “(ii) “(iii) any other property from that vehicle.
5 10 “(2) “100D Personal property securities register to be checked “(1) If property is seized under a warrant to seize property, the Registrar must, on the next working day after the property is seized, check whether a financing statement that relates to the property has been registered on the personal property secur- 15 ities register kept under the Personal Property Securities Act 1999.
If a financing statement has been registered, the Registrar must promptly notify the person named as the secured party (includ- ing any lessor) in the financing statement of the following: “(a) 20 the defendant; or a substitute for the defendant; or that the Registrar may, under section 100O, sell the property after the expiration of 7 days from the date of seizure if the fine remains unpaid and no claim has been made in respect of the property by a person other than— “(i) “(ii) “(iii) a nominee for the defendant or the substitute: “(ii) where the property is a motor vehicle seized in respect of a traffic fine, a substitute for the defen- dant or a nominee for the defendant or the substi- 30 tute: 25 “(b) of the rights that may be available to the person under sections 100H, 100I, and 100P.
“100E Release of property if fine and other costs paid or if certain appeals successful 35 “(1) Any property that has been seized and is retained by the Regis- trar may be returned to the person from whom it was seized or 83 Part 3 cl 70 Courts and Criminal Matters Bill to the person apparently lawfully entitled to it if the following are paid: “(a) “(b) the fine: if the property is a motor vehicle that has been im- pounded under section 96 or 96A of the Land Transport 5 Act 1998, any impoundment costs: all costs incurred in seizing, transporting, and storing the property.
“(c) “(2) Subsection (1) applies even though claims under any of sec- “(3) “(4) tions 100F, 100H, and 100I are pending in respect of the 10 property.
If the property is a motor vehicle that has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a) are ones imposed in respect of traffic offences committed by the defendant in a motor ve- 15 hicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an in- terest.
If the property is a motor vehicle that has been seized while im- pounded under section 96 or 96A of the Land Transport Act 20 1998, the motor vehicle may not be released under subsec- tion (1) before the day after the close of the 28-day period for which the vehicle would otherwise be required to be im- pounded under that Act.

25 “(5) Subsection (4) is subject to section 100K(1)(a) and (3).
“(6) Despite subsection (1) and sections 100F to 100K, and 100O, if an appeal under section 102 or 110 of the Land Trans- port Act 1998 against the impoundment of the motor vehicle is allowed before the expiry of the 28-day period for which the vehicle would otherwise be required to be impounded under 30 section 96 or 96A of that Act, the Registrar must release the vehicle to the person who is registered in respect of the ve- hicle.
“(7) Subsection (6) does not apply if the motor vehicle has already been released to a lessor or a secured party under 35 section 100H or 100K(1)(a) or been sold under section 100K(1)(b).
84 Courts and Criminal Matters Bill Part 3 cl 70 “100F Release of property to certain owners “(1) If satisfied that the defendant does not own the seized prop- erty, the Registrar or a District Court Judge must release the property to a person who satisfies the Registrar or the Judge that— “(a) “(b) the person is the owner of the property; and in the case of a motor vehicle seized in respect of a traf- fic fine, the person is not a substitute for the defendant or a nominee for the defendant or the substitute.
5 “(2) If a person other than the defendant claims to own the prop- 10 erty and the Registrar is not satisfied of the matters specified in subsection (1), the Registrar must issue a summons calling before the Court the claimant and the defendant or, if applic- able in the case of a motor vehicle seized in respect of a traffic fine, the substitute for the defendant.

15 “(3) The issue of a summons under subsection (2) stays any ac- tion brought in respect of the claim.
“(4) Where a summons has been, or is to be, issued under sub- section (2), the Registrar may release the property to the de- fendant or, if applicable in the case of a motor vehicle, to the 20 substitute for the defendant if a deposit is paid or security is provided for whichever is the lesser of— the value of the seized property; or “(a) the fine in default, including the costs incurred in seiz- “(b) ing, transporting, and storing the property, and any im- 25 poundment costs.
“(5) “(6) If, on the determination of the claim, the claim is dismissed, the amount of the deposit or the amount obtained from the security may be applied as if it were the proceeds of the sale of the property.
In any case where a motor vehicle has been seized while im- pounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle— “(a) may not be released under this section unless— 30 “(i) “(ii) the 28-day period for which the vehicle would 35 otherwise be required to be impounded under that Act has expired; and any impoundment costs have been paid into Court within 10 days after the close of that 85 Part 3 cl 70 Courts and Criminal Matters Bill period or within any longer period specified by the Registrar in writing; and “(b) may be sold under section 100O if those costs are not paid in accordance with paragraph (a)(ii).
5 “100G Determination of claim by owners “(1) In determining a claim under section 100F(2), a District Court Judge may, if the property has not yet been sold, release the property to the claimant if satisfied that— “(a) “(b) the defendant does not own the property; and in the case of a motor vehicle seized in respect of a traf- 10 fic fine, the claimant is not a substitute for the defendant nor a person who owns the motor vehicle as or a nom- inee for the defendant or for the substitute.
“(2) The Judge may, if the property is a motor vehicle that has not yet been sold or otherwise disposed of, release the motor ve- 15 hicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satis- fied that 1 or more of the following grounds apply: “(a) 20 the person did not own or have an interest in the motor vehicle at the material time: the motor vehicle was stolen or converted at the material time: the person is a secured party under a security agreement relating to the motor vehicle, or is the lessor of the motor vehicle under a lease, but who has no relationship of 25 another kind with the defendant: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
“(b) “(c) “(d) “(3) In the case of a motor vehicle seized in respect of a traffic 30 fine, the Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or owner- ship is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.
35 “(4) A person who claims to have acquired property from the de- fendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy 86 Courts and Criminal Matters Bill Part 3 cl 70 “(5) the Judge that the transaction on which the acquisition was based was genuine.
In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle— “(a) may not be released under this section unless— 5 “(i) “(ii) the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and any impoundment costs have been paid into 10 Court within 10 days after the close of that period or within any longer period specified by the Registrar in writing; and “(b) may be sold under section 100O if those costs are not “(6) paid in accordance with paragraph (a)(ii).
If the claimant succeeds in the claim to the property,— “(a) any deposit paid or security provided must be returned to the person who provided it; and a District Court Judge may order the defendant to reim- burse any person for any costs that have been paid into 20 Court under section 100P.
“(b) 15 “100H Lessor may apply to Registrar “(1) This section applies if— “(a) “(b) “(c) the property seized is subject to a lease; and the lessor is not the defendant; and the property is a motor vehicle seized in respect of a traffic fine, and the lessor is neither— “(i) “(ii) a substitute for the defendant; nor a nominee for the defendant or the substitute.
25 “(2) The lessor may apply to the Court, at any time before the 30 Registrar has sold the property, for the release of the property to the lessor as if the defendant or the substitute for the de- fendant or the nominee for the defendant or the substitute had breached the terms of the lease.

“(3) On an application under subsection (2), the Registrar or a 35 District Court Judge may release the property to the lessor.
87 Part 3 cl 70 Courts and Criminal Matters Bill “(4) Property that is a motor vehicle may also be released under subsection (3) if it has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act 5 has not yet expired.

“(5) On the release of property under subsection (3) to the lessor, the lease is cancelled.
“(6) This section is subject to section 100L.
“Compare: 2002 No 9 s 140 10 “100I Claims by secured parties “(1) The Registrar or a District Court Judge must, on application or on his or her own initiative, recognise a security agreement in respect of seized property (other than a security agreement to which section 100H(1) applies) if satisfied that a person 15 (not being the defendant or, if the property is a motor vehicle seized in respect of a traffic fine, a substitute for the defendant) has rights over that property as a secured party.
“(1A) The rights of a secured party may not be recognised under subsection (1) if the secured party is— “(a) “(b) the defendant; or in the case of a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute.

20 “(2) When a security agreement has been recognised under sub- 25 section (1), the Registrar must ascertain, under section 100J, whether the security agreement is subject to a default balance.
“(2) When a security agreement has been recognised under sub- section (1), the Registrar must take the action prescribed in 30 section 100J if it appears to the Registrar that— “(a) the secured party is a person who enters into security agreements in the course of the person’s business; and the defendant is the debtor under the security agree- ment; and the defendant has not become bankrupt or been put into liquidation since the date on which the defendant signed 35 “(b) “(c) 88 Courts and Criminal Matters Bill Part 3 cl 70 or assented to the security agreement (in this section and in section 100J referred to as the agreement date).
“(3) The Registrar must— “(a) establish the agreement date— “(i) “(ii) from the security agreement or any other docu- 5 mentary evidence; or if the agreement date cannot be so established, by determining the agreement date on the basis of any information that the Registrar considers relevant: 10 “(b) ascertain, in accordance with section 100J, whether the defendant had a default balance recorded against the defendant’s name.
“100J Inquiry whether security interest subject to default balance 15 “(1) When a security agreement has been recognised under sec- tion 100I, the Registrar must take the action prescribed by subsection (2) if it appears to the Registrar that— “(a) “(b) “(c) the secured party is a person who enters into security agreements in the course of the person’s business; and the defendant is the debtor under the security agree- ment; and the defendant has not become bankrupt or been put into liquidation since the date on which the defendant signed or assented to the security agreement (the agreement 25 date).
20 “(2) The Registrar must— “(a) establish the agreement date— “(i) “(ii) from the agreement or any other documentary evidence; or if the agreement date cannot be so established, by determining the agreement date on the basis of any information that the Registrar considers relevant: 30 “(b) ascertain whether the defendant had a default balance 35 recorded against the defendant’s name on the working day immediately before the agreement date and, if so, notify the secured party of that fact.
89 Part 3 cl 70 Courts and Criminal Matters Bill “(3) The secured party may, within 3 working days after being no- tified under subsection (2)(b), present to the Registrar a fine status response about the defendant that was given , under sec- tion 92E, not later than the agreement date and not earlier than 2 working days before that date.
5 “(5) “(6) “(4) The Registrar may make any inquiries the Registrar consid- ers appropriate to ascertain the authenticity of the fine status response and, if satisfied of its authenticity, must file the re- sponse.

If the fine status response filed under subsection (4) shows 10 that the debtor had no ascertainable default balance, then the Registrar must certify that the secured party’s security interest is not subject to a default balance.
If the Registrar is satisfied that the fine status response filed under subsection (4) shows that the debtor had a lesser de- 15 fault balance than that ascertained under subsection (2)(b), then the Registrar must certify that the secured party’s security interest is subject to that lesser default balance.

If neither subsection (5) nor (6) applies, the Registrar must certify that the secured party’s security interest is subject to the 20 default balance ascertained under subsection (2)(b).
If section 92D was not in force at the date of the agreement, the Registrar must certify that the secured party’s security in- terest is not subject to a default balance.

“(8) “(7) “100J Certification of default balance “(1) In order to assist the Registrar to ascertain whether the defen- dant had a default balance recorded against the defendant’s name, the secured party may present to the Registrar evidence of a fine status response about the defendant.
25 “(2) On being satisfied of the authenticity of the evidence presented 30 under subsection (1), the Registrar must accept the fine status response if— “(a) the date to which the fine status response relates is not earlier than— “(i) “(ii) 20 working days before the date on which the provision of credit secured under the security 20 working days before the agreement date; or 35 90 Courts and Criminal Matters Bill Part 3 cl 70 agreement was approved, where the Registrar is presented with satisfactory evidence of the date of that approval; or “(b) where the fine status response does not come within paragraph (a), the Registrar is satisfied that, in pro- 5 viding the credit secured under the security agreement, the secured party relied on that fine status response, and that there are exceptional circumstances that justify that reliance.
10 If— “(a) a fine status response accepted under subsection (2) does disclose a default balance consisting of 1 or more fines; and “(b) the defendant still owes those fines in whole or part— the Registrar must certify that the secured party’s security in- 15 terest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
If— “(a) there is no evidence, or no satisfactory evidence, of a fine status response or if a fine status response has not 20 been accepted under subsection (2); and as at the agreement date, the defendant had a default balance consisting of 1 or more fines; and “(c) the defendant still owes those fines in whole or part— the Registrar must certify that the secured party’s security in- 25 terest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
If section 92D was not in force as at the agreement date, the Registrar must certify that the secured party’s security interest is not subject to a default balance.

In this section, fine status response has the same meaning as in section 92A.
“(b) 30 “(3) “(4) “(5) “(6) “100K Sale of secured property by secured party or by Court “(1) When the applicability of a default balance has been ascer- tained under section 100J, a District Court Judge or the 35 Registrar may, if the property has not yet been sold,— “(a) release the property to a secured party, at the request of the secured party, and direct the secured party to sell the 91 Part 3 cl 70 Courts and Criminal Matters Bill “(2) “(3) property and account for the proceeds of sale in accord- ance with section 100M; or “(b) order the sale of the property under section 100O.
If the Judge or Registrar takes action under subsection (1)(a) and 2 or more secured parties have requested the taking of that 5 action, then the Judge or Registrar must release the property to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 or 8 of the Personal Property Securities Act 1999.
If the property is a motor vehicle that has been seized while im- 10 pounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may also be released under subsec- tion (1)(a) even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act has not yet expired.
15 “(4) A purchaser of property that is sold to the purchaser under a direction given under subsection (1)(a) obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.

20 “(5) Subsection (1)(a) is subject to section 100L.
“100L Certain payments required before release to lessor or secured party takes effect “(1) An order for the release of property under section 100H(3) or 100K(1)(a) does not take effect unless the following costs 25 have been paid into court: “(a) if the property is a motor vehicle that has been im- pounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs: any costs incurred in seizing, transporting, and storing 30 the property and in complying with the provisions of this Part: in the case of a secured party claiming under a secur- ity agreement, any applicable default balance certified under section 100J in respect of that agreement.
35 “(b) “(c) “(2) Any payments required to be paid by subsection (1) must be paid within 10 days after the day on which the lessor or se- 92 Courts and Criminal Matters Bill Part 3 cl 70 cured party is notified of the decision to release the property, or within any longer period specified by the Registrar in writ- ing.

If the payments specified in subsection (1) are not paid in accordance with subsection (2), the property may be sold 5 under section 100O.
“(3) “100M Application of proceeds of sale by secured party “(1) A person to whom property is released under section 100K(1)(a) must, on disposing of the property,— “(a) “(b) pay into Court the proceeds of the sale, less— account to the Registrar for the proceeds of the sale: 10 “(i) “(ii) any amount paid under section 100L; and the amount of the costs and expenses of, and in- cidental to, the sale; and “(iii) the amount to which the secured party is entitled 15 under the security agreement.
“(2) The Registrar must then apply the balance remaining in ac- cordance with section 100Q(1)(d) to (f) and (h), with all necessary modifications.
“100N Failure by secured party to sell or account for proceeds “(1) If the secured party fails to comply with a direction under sec- tion 100K(1)(a) and has not sold the property,— “(a) 20 the Registrar must issue, in a form approved by the chief executive, a warrant to recover property; and the property may be recovered under that warrant as 25 property of the defendant or (if the property is a motor vehicle seized from a substitute of the defendant) the substitute for the defendant; and section 98 applies in respect of the property with all necessary modifications.
30 “(b) “(c) “(2) As soon as practicable after the property is delivered into a Registrar’s custody under subsection (1), the Registrar must arrange for the sale of the property as if it were a sale under section 100O and apply the proceeds of sale in accordance with section 100Q(1) or, as the case requires, in accordance 35 with a direction under section 100Q(5).
93 Part 3 cl 70 Courts and Criminal Matters Bill “(3) A secured party who fails, in whole or in part, to pay into Court the money required under section 100M(1)(b) is liable to the Crown for any amount not paid, and that amount may be recovered from the secured party as a debt due to the Crown.
“100O Sale or disposal of property seized “(1) 5 If any fine in respect of which property has been seized under a warrant to seize property remains unpaid, a District Court Judge or the Registrar may, after the expiry of the relevant period specified in subsection (2), order— “(a) that the property be sold at public auction or in any other 10 manner that the Judge or Registrar directs; or in the case of a negotiable instrument, that the Registrar obtain payment under, assign, or otherwise dispose of the negotiable instrument; or in the case of money, that the Registrar apply the money 15 in accordance with section 100Q.
“(b) “(c) “(2) The relevant period referred to in subsection (1) is 7 days after the day on which the property was seized or, if the prop- erty is a motor vehicle that was seized while impounded under section 96 or 96A of the Land Transport Act 1998, the later 20 of— “(a) the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or the expiry of 8 days after the day on which the motor 25 vehicle was seized.
“(b) “(3) A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle— “(a) is, despite that Act or any other enactment, entitled to 30 tow the motor vehicle to any appropriate place; and in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and “(b) “(c) must comply in all respects with that Act as soon as the 35 motor vehicle has been towed to that place.
“(4) If the Registrar considers that a motor vehicle is not roadwor- thy and that it would be uneconomic to render it roadworthy, 94 Courts and Criminal Matters Bill Part 3 cl 70 the Registrar must, before the motor vehicle is sold under this section, apply, under the Land Transport Act 1998, to have the registration of the motor vehicle cancelled as if the Registrar were the person who, under that Act, is entitled to apply for that cancellation.
5 “(6) “(5) The sale of a motor vehicle that has been seized while im- pounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act, or by any appeal 10 that is determined after that period.
In any case where a motor vehicle has been seized while im- pounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the 15 vehicle have been paid) if any impoundment costs are not paid within— “(a) 10 days after the close of the 28-day period for which the vehicle would otherwise be required to be im- pounded under that Act; or any longer period specified by the Registrar in writing.
“(7) The sale of property by the Registrar is deferred by a pending claim in respect of the property only if the costs of storage have been paid under section 100P or a deposit has been paid, or security has been provided, under section 100F.

“(b) “(8) The purchaser or assignee of property sold or disposed of under this section obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale or disposition.
“100P Registrar must defer sale if storage costs paid “(1) Any person may pay into Court the costs incurred by the Court in storing any property and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the property.

“(2) A payment made under subsection (1) may not be less than the amount of the costs incurred in a period of 8 days.
95 20 25 30 35 Part 3 cl 70 Courts and Criminal Matters Bill “100Q Application of proceeds of sale “(1) When property is sold under section 100O, the proceeds of the sale must be applied in the following manner and order of priority: “(a) if the property is a motor vehicle that has been im- 5 pounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs: in payment of the costs of the sale (including all costs incurred in seizing, transporting, and storing the prop- erty and in complying with the provisions of this Part 10 preliminary to sale): if 1 or more security agreements have been recognised under section 100I before the proceeds of the sale are fully applied, in payment to each secured party of the amount to which the secured party would, but for the 15 extinguishment of the security interest concerned, have been entitled under that agreement less any applicable default balance certified, under section 100J, in re- spect of that agreement: in payment of any sentence or order of reparation 20 payable by the defendant: in payment of any levy payable by the defendant under section 105B of the Sentencing Act 2002: in payment of the fine specified in the warrant: in payment to any secured party or secured parties of 25 the applicable default balance or the applicable default balances certified under section 100J and deducted under paragraph (c): to the defendant or, as the case requires, to the substitute for the defendant.
30 “(b) “(c) “(d) “(e) “(f) “(g) “(h) If any proceeds of sale are required to be applied to 2 or more security interests under subsection (1)(c), those proceeds must be applied in the order of the priority determined for those security interests by Part 7 or 8 of the Personal Prop- erty Securities Act 1999.
If any proceeds of sale are required to be applied to 2 or more default balances under subsection (1)(g), those proceeds must be applied to those default balances in the order of the 35 “(2) “(3) 96 Courts and Criminal Matters Bill Part 3 cl 70 “(4) priority determined for the applicable security interests by Part 7 or 8 of the Personal Property Securities Act 1999.
If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and 5 order of priority specified in subsection (1), except that the payments described in paragraphs (d) to (f) of that subsec- tion are limited to amounts imposed in respect of traffic of- fences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the 10 substitute or in which the substitute had an interest.
“(5) The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section.

“100R Remission of fine and costs of sale in certain cases 15 involving motor vehicles “(1) This section applies where the realisation, under section 100O of any motor vehicle seized in respect of a fine (other than a sale ordered under section 100K(1)(a)) does not result in a reduction of the defendant’s fine by more than $100.
If this section applies, the Registrar must— “(a) “(2) 20 remit the costs of the sale of the motor vehicle, as de- scribed in section 100Q(1)(a) and (b); and remit— “(i) the entire fine in default in respect of which the 25 motor vehicle was seized, in any case where the amount of that fine is $100 or smaller: “(b) “(ii) $100 less any proceeds of that sale that have been applied towards paying the fine, in any case where the fine in default is greater than $100.
30 “(3) The reference to fine in subsection (2)(b) excludes— “(a) “(b) any reparation or compensation that the defendant is liable to pay, other than Court costs and other costs that have been added to that reparation or compensation; and any levy payable by the defendant under section 105B 35 of the Sentencing Act 2002.
97 Part 3 cl 71 Courts and Criminal Matters Bill “100S Compensation to person with interest in property sold “(1) This section applies if— “(a) “(b) a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substi- tute) suffers loss through the sale under section 100O 5 of property in which the person had an interest; and the defendant or the substitute had not before the sale notified the Registrar of the person’s interest in the prop- erty.
“(2) If this section applies, a Judge may, on the application of that 10 person, order the defendant to pay to the person compensation in respect of the loss.

“(3) Subsection (2) does not limit or affect any other remedy that a person may have in respect of loss referred to in that subsec- tion.” 15 71 Effect of attachment order Section 103(1) is amended by omitting “writing in the pre- scribed form” and substituting “a form or forms approved by the chief executive”.
72 New section 105 substituted Section 105 is repealed and the following section substituted: 20 “105 Operation of attachment orders: content “(1) An attachment order must state— “(a) when deductions are to be made, by reference to a period of a week, fortnight, month, or some other 25 period (the earnings period); and the amount to be deducted from the defendant’s salary or wages for the earnings period; and an amount below which the net amount paid to the de- fendant for the earnings period must not fall; and that the money due and payable under the fine is, by way of the directed deductions, to be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the defendant.
35 30 “(b) “(c) “(d) 98 Courts and Criminal Matters Bill Part 3 cl 72 “(2) The amounts stated under subsection (1)(b) and (c) may be set by reference to a fixed amount or a percentage (or both).
“(3) The charge created by the attachment order— “(a) “(b) “(c) accrues from earnings period to earnings period, and on a day within, or following, each period that is specified 5 in the attachment order; and attaches to all salary or wages that become due by the employer to the defendant at any time while the attach- ment order is in force, whether or not the contract of employment in respect of which the salary or wages so 10 become due existed at the date of the attachment order; and prevails over and has priority to any assignment or charge created by the defendant (whether before or after the making of the attachment order against the 15 defendant), so that the attachment order has the same effect as if no such assignment or charge had been made or created.
“(4) Every attachment order applies for a fixed period stated in the order, and must not apply for a period of more than 5 years 20 after the date on which the order is made by the Registrar.
“(5) Despite subsections (1) to (3), no attachment order is to op- erate so that, when its effect is considered either alone or with the effect of any item specified in subsection (6), the net amount paid to a defendant for an earnings period is below the 25 protected earnings rate for the earnings period; and, where ne- cessary, the amount to be deducted from the defendant’s salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
“(6) The items referred to in subsection (5) are— 30 “(a) “(b) a deduction notice or an attachment order under the Child Support Act 1991, the Family Proceedings Act 1980, the Social Security Act 1964, or the Tax Admin- istration Act 1994: a deduction for the recovery of payments under section 35 86 of the Social Security Act 1964.
“(7) If any question arises in any case as to the priority to be ac- corded to an attachment order made under this Act, each of 99 Part 3 cl 73 Courts and Criminal Matters Bill “(8) the items specified in subsection (6) has priority over that attachment order.
In this section,— “net earnings, in relation to an earnings period, means the bal- ance left after deducting from the defendant’s salary or wages 5 for the earnings period the amount of tax required to be with- held or deducted in accordance with the PAYE rules of the In- come Tax Act 2007 if the salary or wages were the only salary or wages paid to the defendant by the employer for the earn- ings period “protected earnings rate, in relation to an earnings period, means the higher of— “(a) “(b) 60% of net earnings for the earnings period; and the amount stated under subsection (1)(c).” 10 73 “(4) 15 Liability of employer Section 106 is amended by repealing subsection (4) and sub- stituting the following subsections: If the defendant gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 7 days 20 after receiving or giving the notice, notify the Registrar of the Court in which the attachment order was issued of the date of the last day of the defendant’s employment.
“(4A) If the employer to whom the attachment order relates ceases to pay salary or wages to the defendant for a reason other than the 25 defendant’s dismissal or resignation from the employment of the employer, the employer must, within 7 days after ceasing to pay the salary or wages, notify the Registrar of the Court in which the attachment order was issued of the day on which the salary or wages ceased to be paid.” 30 Restrictions on alternative sentences Section 106E(1) is amended by repealing paragraph (a) and substituting the following paragraph: “(a) a statement of the defendant’s means has been recently completed, being a statement that does not include in- 35 formation given by a third party unless it also gives de- 74 (1) 100 Courts and Criminal Matters Bill Part 3 cl 74 tails of the source of the information and the date to which the information relates; and”.
Section 106E(1A) is amended by repealing paragraph (a) and substituting the following paragraph: “(a) a statement of the defendant’s means has been recently 5 completed, being a statement that does not include in- formation given by a third party unless it also gives de- tails of the source of the information and the date to which the information relates; and”.
Section 106E(1B) is amended by repealing paragraphs (a) to 10 (c) and substituting the following paragraphs: “(a) a statement of the defendant’s means has been recently completed, being a statement that does not include in- formation given by a third party unless it also gives de- tails of the source of the information and the date to 15 which the information relates; and the defendant is before a District Court Judge; and the statement of means referred to in paragraph (a) has been considered by the District Court Judge; and”.
Section 106E is amended by inserting the following subsection 20 after subsection (1B): “(b) “(c) (2) (3) (4) “(1C) Despite subsection (1B)(g), the restriction stated in that para- graph does not apply to a sentence of home detention under this Part for non-payment of any fine that consists of or in- cludes an amount of reparation (as defined in section 145D of 25 the Sentencing Act 2002).” Section 106E(2) is amended by repealing paragraph (a) and substituting the following paragraph: “(a) (5) a statement of the defendant’s means has been recently completed, being a statement that does not include in- 30 formation given by a third party unless it also gives de- tails of the source of the information and the date to which the information relates; and”.
(6) Section 106E(2) is amended by repealing paragraph (d) and substituting the following paragraph: “(d) the statement of means referred to in paragraph (a) has been considered by the District Court Judge; and”.
35 101 Part 3 cl 74 Courts and Criminal Matters Bill (7) Section 106E is amended by inserting the following subsection after subsection (2): (8) “(6) “(2A) Despite subsection (2)(g), the restriction stated in that para- graph does not apply to the issue of a warrant of commit- ment for the imprisonment of the defendant under this Part for 5 non-payment of any fine that consists of or includes an amount of reparation (as defined in section 145D of the Sentencing Act 2002).” Section 106E is amended by repealing subsections (6) and (7) and substituting the following subsections: If a District Court Judge directs that a warrant for the defen- dant’s arrest be issued under subsection (3), the warrant— “(a) may be issued by a Registrar; and “(b) may be executed by a constable or by a bailiff.
If a defendant is already undergoing a sentence of imprison- 15 ment or is being sentenced to imprisonment for an offence at the time that a District Court Judge considers sentencing the defendant for the non-payment of a fine, then— “(a) the restrictions stated in subsection (2) do not apply to the issue of a warrant of commitment for the imprison- 20 ment of the defendant under this Part for the non-pay- ment of the fine: “(7) 10 “(b) no sentence of community work, community detention, or home detention may be imposed on the defendant under this Part for non-payment of the fine.
25 If a defendant is already undergoing a sentence of home de- tention or is being sentenced to home detention for an offence at the time that a District Court Judge considers sentencing the defendant for the non-payment of a fine, then— “(a) the restrictions stated in subsection (1B) do not apply 30 to sentencing the defendant to a concurrent sentence of home detention under this Part for the non-payment of the fine: the restrictions stated in subsection (1B)(a) to (c) and (f) and (g) do not apply to sentencing the defendant to a 35 cumulative sentence of home detention under this Part for the non-payment of the fine: “(b) “(8) 102 Courts and Criminal Matters Bill Part 3 cl 75 “(c) the restrictions stated in subsection (1) do not apply to sentencing the defendant to community work under this Part for the non-payment of the fine: “(d) no sentence of community detention may be imposed “(e) on the defendant under this Part for non-payment of the 5 fine: no warrant of commitment for the imprisonment of the defendant under this Part for the non-payment of the fine may be issued.” 75 “(5) Provisions as to issue of warrant pending appeal Section 124(5) is repealed and the following subsection sub- stituted: In any case where any warrant to seize property is issued be- fore a notice of intention to appeal is filed, then— “(a) 10 “(b) if the warrant has not been executed, it must be sus- 15 pended until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted, or the Registrar of the High Court has certified that it has been dismissed for non-prosecution: if the warrant has been executed,— “(i) 20 any seized property that has not been sold must be retained while the appeal is pending; and if, on the determination of the appeal or the issue of a certificate described in paragraph (a), the 25 determination in respect of which the warrant was issued continues in effect, the property must be dealt with, and any fees and costs
 payable under an enactment in respect of the property are payable, as if notice of appeal had not been given; 30 and “(ii) “(iii) if, on the determination of the appeal the deter- mination in respect of which the warrant was is- sued is set aside or quashed, the owner is entitled to the return of the property and is not liable for 35 any fees and costs otherwise payable under an en- actment in respect of the property.” 103 Part 3 cl 76 Courts and Criminal Matters Bill No action against Justice unless act in excess of jurisdiction or without jurisdiction Section 193(2) is amended by inserting “property” after “war- rant to seize”.
Rules and regulations Section 212(2) is amended by inserting the following para- graphs after paragraph (d): “(daa) specifying, for the purposes of section 24(1)(e) the manner in which notices are to be sent in electronic form: “(dab) specifying, for the purposes of section 79A(1)(g), the kinds of documents that may be served by transmit- ting them in electronic form and prescribing 1 or more means of transmitting such documents and any condi- tions and restrictions for such transmissions: 5 10 15 “(dac) specifying, for the purposes of section 79A(1)(g), the kinds of documents that may be served by communicat- ing their contents orally, and prescribing any conditions and restrictions for such communications and the ways in which such communications must be made, includ- 20 ing any provisions for the recording of such communi- cations and for the retention, custody, disclosure, use, and destruction of such recordings:”.
Part 4 Amendments to other Acts Subpart 1—Amendments to Children, Young Persons, and Their Families Act 1989 Principal Act amended This subpart amends the Children, Young Persons, and Their Families Act 1989.
25 30 Interpretation Section 2(1) is amended by repealing the definition of traffic offence and substituting the following definition: 76 77 78 79 104 Courts and Criminal Matters Bill Part 4 cl 82 “traffic offence means— “(a) any offence against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Manage- 5 ment Act 2003 or against any regulation, rule, or bylaw made under any of those Acts: any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations”.
10 “(b) 80 81 82 Subpart 2—Amendments to Customs and Excise Act 1996 Principal Act amended This subpart amends the Customs and Excise Act 1996.
Interpretation The definition of fine in section 280C is amended by adding the following paragraph: “(e) any amount payable under section 138A(1) of the Sen- tencing Act 2002.” 15 Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour Section 280F(3) is amended by repealing the definition of fine and substituting the following definition: “fine means a fine within the meaning of that term in section 25 280C, other than— “(a) 20 a fine imposed by, or resulting from the enforcement of, an order made or deemed to have been made under section 21(5), (5A), or (9) of the Summary Proceed- ings Act 1957; or any amount payable under section 138A(1) of the Sen- tencing Act 2002”.
“(b) 30 105 Part 4 cl 83 Courts and Criminal Matters Bill Subpart 3—Amendment to Family Courts Act 1980 Principal Act amended This subpart amends the Family Courts Act 1980.

Application of District Courts Act 1947 Section 16(4) is amended by omitting “79” and substituting “78A”.

5 Subpart 4—Amendment to Immigration Act 1987 Principal Act amended This subpart amends the Immigration Act 1987.
10 Interpretation The definition of fine in section 141AD is amended by adding the following paragraph: “(e) any amount payable under section 138A(1) of the Sen- 15 tencing Act 2002”.

Subpart 5—Amendment to Immigration Act 2009 Principal Act amended This subpart amends the Immigration Act 2009.
20 Information matching to locate person in serious default of payment of fine The definition of fine in section 295(4) is amended by adding the following paragraph: “(e) any amount payable under section 138A(1) of the Sen- 25 tencing Act 2002”.

83 84 85 86 87 88 106 Courts and Criminal Matters Bill Part 4 cl 90 Subpart 6—Amendment to Personal Property Securities Act 1999 89 Principal Act amended This subpart amends the Personal Property Securities Act 1999.
5 90 New section 167A inserted The following section is inserted after section 167: “167A Financing change statement consequential on sale effected by court under certain enactments “(1) This section applies to any personal property (the personal 10 property) that— “(a) falls within the collateral description included in a registered financing statement (the applicable finan- cing statement); and “(b) has been sold or disposed of under section 137(1), 138, 15 or 141(3)(b) of the Sentencing Act 2002 or section 100K(1)(a) or 100O(1)(a) of the Summary Proceed- ings Act 1957.
“(2) A Registrar of the High Court or of a District Court may enter in the register a financing change statement that— “(a) 20 discharges the registration of the applicable financing statement if the collateral description in the applicable financing statement relates exclusively to the personal property; or amends the applicable financing statement to exclude 25 the personal property from the collateral description if the collateral description in the applicable financing statement does not relate exclusively to the personal property.
“(b) “(3) As soon as is reasonably practicable after the financing change 30 statement is entered in the register, the Registrar must ensure that the secured party is given a notice stating that the financing change statement will be registered 15 working days after the notice is given to the secured party.
“(4) The financing change statement will be registered in accord- 35 ance with section 144 after the expiry of the period of 15 work- ing days referred to in subsection (3).” 107 Part 4 cl 91 Courts and Criminal Matters Bill Subpart 7—Amendment to Prisoners’ and Victims’ Claims Act 2005 Principal Act amended This subpart amends the Prisoners’ and Victims’ Claims Act 2005.
5 Secretary deducts money for legal aid, reparation, and earlier orders, then pays surplus into account The definition of order of reparation in section 18(2) is amended by repealing paragraph (d) and substituting the following paragraph: an order that— “(d) “(i) 10 requires the payment of an amount to compen- sate, or to make restitution to, the victim of an offence against an enactment; and is declared by the Governor-General, by Order 15 in Council under section 145D of the Sentencing Act 2002, to be an order of reparation for the purposes of sections 145A to 145C of that Act.” “(ii) Subpart 8—Amendment to Privacy Act 1993 20 Principal Act amended This subpart amends the Privacy Act 1993.
Schedule 5 amended Schedule 5 is amended in the manner indicated in Schedule 3.

25 Subpart 9—Amendments to Railways Act 2005 Principal Act amended This subpart amends the Railways Act 2005.

Issue of infringement notice Section 99 is amended by repealing subsections (4) and (5).
30 91 92 93 94 95 96 108 Courts and Criminal Matters Bill Part 4 cl 98 97 New section 100 substituted Section 100 is repealed and the following section substituted: “100 Contents of infringement notices and reminder notices “(1) An infringement notice must contain— “(a) “(c) “(b) “(d) details of the alleged infringement offence that are suf- 5 ficient fairly to inform a person of the time, place, and nature of the alleged offence; and in the case of an infringement offence in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of 10 the infringement offence alleged; and the amount of the infringement fee specified in respect of that offence; and the address of the place at which the infringement fee may be paid; and the time within which the infringement fee may be paid; and a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement of the right of the person served with the 20 notice to request a hearing; and a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and any other particulars that are prescribed.
“(2) A reminder notice must include the same particulars, or sub- “(h) “(g) “(e) “(f) “(i) 25 15 “(3) stantially the same particulars, as the infringement notice.

If regulations made under this Act prescribe the form of an infringement notice or a reminder notice, the infringement no- tice or reminder notice must be in that form.
“(4) Different forms of infringement notices and reminder no- tices may be prescribed for different kinds of infringement offences.” Subpart 10—Amendments to Sentencing Act 2002 98 Principal Act amended This subpart amends the Sentencing Act 2002.

30 35 109 Part 4 cl 99 Courts and Criminal Matters Bill 99 (1) (2) (3) “(4) Reparation Section 12(1) is amended by inserting “or order” after “sen- tence” in each place where it appears.

Section 12(3) is amended by inserting “or order” after “sen- tence”.
Section 12 is amended by adding the following subsection: In this section, order of reparation means an order under sec- tion 106(3)(b), 108(2)(b), or 110(3)(b).” 5 100 Court may order reparation report Section 33 is amended by adding the following subsection: 10 “(4) A court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to make the declaration.” 101 New section 36 substituted Section 36 is repealed and the following section substituted: 15 “36 Conditions of sentence of reparation “(1) If the court sentences an offender to make reparation, the court must— “(a) determine the conditions of the sentence in respect of the total amount of reparation to be paid by the offender; 20 and either determine, or direct the Registrar to determine, the conditions of the sentence in respect of the following matters: “(i) whether the total amount of reparation is to be 25 “(b) “(ii) paid in 1 lump sum or in instalments: if the amount is to be paid in 1 lump sum, whether it is to be paid immediately or at some specified future date: “(iii) if the amount is to be paid in instalments, the 30 frequency and amounts of the instalments.” “(2) If the court directs the Registrar to determine the conditions of the sentence referred to in subsection (1)(b), the court may also direct that the offender— “(a) make a declaration as to financial capacity in accord- 35 ance with section 42; and 110 Courts and Criminal Matters Bill Part 4 cl 103 “(b) be detained in the custody of the court for a period, not exceeding 2 hours, for the purpose of making the declaration.
“(3) The court or Registrar may take into account information re- ceived from any source about the offender’s financial capacity 5 before imposing a condition.

“(5) “(4) The court or Registrar may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court or Registrar, as the case may be, is satisfied that the offender has sufficient means to pay the amount im- 10 mediately.
If the court imposes a condition under subsection (1)(b) and the court is subsequently satisfied either that the offender pro- vided false or misleading information about the offender’s fi- nancial position before the condition was imposed or that the 15 offender’s financial position has changed significantly after the condition was imposed, the court may, after giving the of- fender the opportunity to be heard, vary, suspend, or cancel the condition.
If a Registrar imposes a condition under this section, sections 20 86A and 86D of the Summary Proceedings Act 1957 apply, with all necessary modifications, as if the condition were an arrangement extending the time to pay a fine within the mean- ing of those sections.” “(6) 102 Discharge without conviction Section 106 is amended by repealing subsection (3A) and sub- stituting the following subsection: “(3A) Sections 33 to 38 apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of reparation.” 25 30 103 Conviction and discharge Section 108 is amended by repealing subsection (2A) and sub- stituting the following subsection: “(2A) Sections 33 to 38 apply, with any necessary modifications, to an order under subsection (2)(b) as they apply to a sentence of 35 reparation.” 111 Part 4 cl 104 Courts and Criminal Matters Bill 104 Order to come up for sentence if called on Section 110 is amended by repealing subsection (3A) and sub- stituting the following subsection: “(3A) Sections 33 to 38 apply, with any necessary modifications, to an order under subsection (3)(b) as they apply to a sentence of 5 reparation.” 105 New section 136A substituted Section 136A is repealed and the following section substi- tuted: “136A Registrar must apply for deregistration of motor vehicle 10 subject to confiscation and destruction order If, under section 129A or 136(4), the court orders a motor vehicle to be confiscated and destroyed, the Registrar— “(a) is, for the purposes of the Land Transport Act 1998 and any regulations made under it, entitled to apply for the 15 cancellation of the registration of the motor vehicle; and “(b) must make that application before the motor vehicle is sold.” (2) 106 Sale of confiscated motor vehicles (1) Section 137(3)(c) is amended by omitting “within 1 month 20 after the date of sale” and substituting “, before the proceeds of sale are fully applied,”.
Section 137(4) is amended by omitting “paragraphs (d) and (f)” and substituting “paragraphs (d) to (f)”.
(3) Section 137 is amended by adding the following subsection: “(5) The person to whom a motor vehicle is sold under this section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that sale.” 25 107 Certain sales conditional on dismantling and destruction Section 137A(4) is amended by omitting “from the Crown”.
30 112 Courts and Criminal Matters Bill Part 4 cl 111 108 Sale of motor vehicle surrendered or recovered under section 137B Section 137C(1) is amended by omitting “and (2)” and substi- tuting “, (2), and (5)”.
109 Disposal of unsaleable confiscated vehicle 5 “(2) Section 138 is amended by adding the following subsections as subsections (2) and (3): If the Registrar proposes to dispose of a motor vehicle under subsection (1), the Registrar— “(a) is, for the purposes of the Land Transport Act 1998 and 10 any regulations made under it, entitled to apply for the cancellation of the registration of the motor vehicle; and “(b) must make that application before the disposal of the motor vehicle.
“(3) The person to whom a motor vehicle is disposed of under this 15 section obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests and other proprietary interests held in the motor vehicle before that disposition.” 110 (1) Secured party may apply to court Section 141(4) is amended by omitting “This section” and sub- 20 stituting “Subsection (3).” (2) Section 141 is amended by adding the following subsection: “(5) The person to whom a motor vehicle is sold under a direction given under subsection (3)(b) obtains, by virtue of this section, good title to the motor vehicle free of all ownership interests 25 and other proprietary interests held in the motor vehicle before that sale.” 111 Enforcement of payment of amounts under sentence of reparation, reparation orders, etc Section 145(2A) is amended by repealing paragraph (b) and 30 substituting the following paragraph: “(b) sections 83(2)(a) and (b), 87(1)(a), and 88 of the Sum- mary Proceedings Act 1957 do not apply.” 113 Part 4 cl 112 Courts and Criminal Matters Bill Subpart 11—Amendment to Social Security Act 1964 112 Principal Act amended This subpart amends the Social Security Act 1964.
113 Information on beneficiaries and former beneficiaries may 5 be disclosed to Ministry of Justice for fines enforcement purposes The definition of fine in section 126A(1) is amended by adding the following paragraph: “(d) any amount payable under section 138A(1) of the Sen- 10 tencing Act 2002.” Subpart 12—Amendment to Tax Administration Act 1994 114 Principal Act amended This subpart amends the Tax Administration Act 1994.
15 115 Disclosure of certain information in relation to fines defaulters The definition of fines defaulter in section 85A(6) is amended by adding the following paragraph: “(f) any amount payable under section 138A(1) of the Sen- 20 tencing Act 2002”.

Subpart 13—Amendments to Transport Act 1962 116 Principal Act amended This subpart amends the Transport Act 1962.
117 Owner liability for stationary vehicle offences Section 41A(5) is amended by repealing paragraph (c) and substituting the following paragraph: “(c) he or she has given the enforcement authority a statutory declaration— 25 30 114 Courts and Criminal Matters Bill Part 4 cl 117 “(i) “(ii) identifying another person who was lawfully en- titled to possession, or who was unlawfully in charge, of the vehicle at the time of the alleged offence, by giving— “(A) the full name and full address of that other 5 person; and “(B) any other identifying particulars of the other person, so far as they are within the knowledge of the person making the dec- laration, such as the other person’s date of 10 birth, occupation, and telephone number; or establishing that the person making the declar- ation could not identify the other person, after taking all reasonable steps to do so.” 15 115 Schedule 1 Courts and Criminal Matters Bill Schedule 1 Amendments consequential on amendments to District Courts Act 1947 s 38 5 Child Support Act 1991 (1991 No 142) Heading to section 183: omit and substitute:“Warrant to seize prop- erty”.
Section 183: omit “warrant of distress” in each place where it appears and substitute in each case “warrant to seize property”.

Section 183(3): omit “warrants of distress” and substitute “warrants 10 to seize property”.

Section 183(5): omit “the expenses of the distress” and substitute “the expenses of the seizure of property”.

Section 183(9): omit “No distress” and substitute “No seizure of property”.

Section 183(10): omit “distress warrant” and substitute “warrant to seize property”.
15 Dunedin Southern Market Reserve Leasing Act 1882 (1882 No 27 (L)) Heading to section 10: omit “distress warrant” and substitute “war- 20 rant to seize property”.

Section 10: omit “distress warrant” and substitute “warrant to seize property”.

Sale of Goods Act 1908 (1908 No 168) Definition of writ of execution in section 2(1): omit “warrant of 25 distress” and substitute “warrant to seize property”.
116 Courts and Criminal Matters Bill Schedule 2 Schedule 2 Amendments consequential on amendments to Summary Proceedings Act 1957 relating to service s 59 Section 87B Subsection (1)(a): omit “section 86A” and substitute “section 86C”.

Subsection (1): omit “, in writing,”.

Subsection (3): repeal and substitute: “(3) The Registrar must give the defendant a copy of the deduction notice.” Subsection (4): omit “issue to the defendant” and substitute “give the defendant”.

Section 87C(1) Omit “in writing”.


Section 87H(4) Omit “in accordance with section 87J”.

Section 87J Repeal.

Section 104 Subsection (1): repeal and substitute: “(1) When an attachment order is made, a copy of the order must be served on the employer to whom it relates.” Subsection (2): repeal.

Subsection (3): omit “this section” and substitute “section 79A or 79B”.

Section 104A(1A) Omit “, by notice in writing,”.
117 Schedule 3 Courts and Criminal Matters Bill Schedule 3 Amendment to Schedule 5 of Privacy Act 1993 s 94 Insert after the item relating to enforcement of fines and other orders under the heading Ministry of Justice records: 5 New Zealand Transport Agency (access is limited to recording, on the Driver Li- cence Register, the service, cancellation, or termination of an order and to replacing a driver licence following the cancellation or termin- ation of the order) Particulars of each order served, cancelled, or ter- minated, the full name, full address, telephone num- ber, driver licence number, and date of birth of the per- son on whom the order was the date and time served; when the order was served on the person, the date of the cancellation or termin- ation of the order, and any amendments required, as at the date of service, cancel- lation, or termination, to the person’s full address and telephone number Legislative history Introduction (Bill 147–1) First reading and referral to Law and Order Committee Driver licence stop orders 29 April 2010 19 May 2010 12 Published under the authority of the House of Representatives—2010 Wellington, New Zealand: 118