Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836955208.pdf (New Zealand)
Reprint as at 1 August 2012 Summary Proceedings Regulations 1958 (SR 1958/38) Cobham, Governor-General Order in Council At the Government Buildings at Wellington this 17th day of March 1958 Present: The Hon C F Skinner, MC, presiding in Council Pursuant to the Summary Proceedings Act 1957, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents 1 2 3 Interpretation Forms Page 3 3 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

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

These regulations are administered by the Ministry of Justice.
1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 14A 14B 15 15A Fees, allowances, and expenses Application of regulations 6 to 14B Procedure for taking evidence under section 31, 32, and 174 of the Act Summonses to witnesses Signature and disposal of depositions Non-appearance of person on whose behalf examination held Procedural requirements if oral evidence to be taken other than at committal hearing Conduct of examination if oral evidence taken other than at committal hearing Safe custody of property where operation of restitution order suspended Order for detention in psychiatric hospital pending trial Order for detention in psychiatric hospital pending trial Enforcement of penalties Reminder notice for infringement offence 15B 15BA Request to court for certain electronically created records 15C Costs payable by defendant in respect of infringement offence Certain court fees relating to infringement offences payable by local authorities, etc Applications for correction of irregularities in proceedings for infringement offences [Revoked] Registrar or bailiff may require declaration of financial capacity Declaration of financial capacity Default in payment of sum adjudged to be paid on conviction [Revoked] Criteria for determining whether to enter, vary, suspend, or cancel arrangement extending time to pay or for payment by instalments Notice of decision on application for extension of time [Revoked] 15D 15E 15F 15G 15H 15I 15J 2 6 7 7 8 8 8 9 9 9 11 11 11 12 13 14 14 15 16 16 17 17 17 18 18 18 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 15K 15L Fee and expenses in respect of enforcement of fine Orders for sentences of community work, community detention, or home detention 15M Receipt for payment of fine, etc 15N Manager’s receipt for prisoner 15O Notice of payment of fine if defendant imprisoned, etc [Revoked] General form of applications Transmission of criminal record relating to breach of protection or restraining order Transmission of criminal record relating to other offences involving domestic violence or harassment Result of appeal to be notified to court receiving copy of criminal record Information about criminal proceedings in domestic violence proceedings Information about criminal proceedings in harassment proceedings Revocations Schedule 1 Forms Schedule 2 Court fees Schedule 3 Traffic offences for the purposes of section 21 of the Summary Proceedings Act 1957 [Revoked] Schedule 4 Regulations and orders revoked r 2 19 20 20 21 21 21 22 23 23 24 25 26 27 116 118 119 Regulations These regulations may be cited as the Summary Proceedings Regulations 1958.
These regulations shall come into force on 1 April 1958.
Interpretation In these regulations, unless the context otherwise requires,— 3 15P 15Q 15R 15S 15T 15U 16 1 (1) (2) 2 r 2 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Act means the Summary Proceedings Act 1957 court of hearing means the court in which proceedings under Part 2, 5, or 5A of the Act have been taken declaration of financial capacity means, in relation to a person, a declaration containing the information described in regulation 15G deposition includes oral evidence taken under section 182 of the Act, unless the context otherwise requires domestic violence has the same meaning as in section 3 of the Domestic Violence Act 1995 domestic violence offence means an offence against any en- actment (other than the Domestic Violence Act 1995) in any case where— (a) the offence is committed— (i) (ii) by a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and against any person who is a protected person (within the meaning of that Act) under that pro- tection order, or whom that application seeks to make a protected person, as the case may be; and the offence consists of or includes conduct that is do- mestic violence (b) examining court means the court or District Court Judge be- fore whom evidence is to be taken under section 31 or section 32 or section 182 of the Act, and includes an examining Regis- trar examining Registrar means a Registrar before whom evi- dence is ordered to be taken under section 31 or section 32 or section 182 of the Act harassment offence means an offence against— section 8 of the Harassment Act 1997; or (a) any other enactment in any case where the offence— (b) (i) is committed by a person against whom a re- straining order is in force, or in respect of whom proceedings on an application for a restraining 4 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 2 (ii) (iii) order are pending, at the time the offence is
 com- mitted; and is committed against a person for whose protec- tion the restraining order was made or has been applied for, as the case may be; and consists of or includes a specified act within the meaning of section 4 of the Harassment Act 1997 information, for the purposes of regulations 6 to 14B, in- cludes a complaint, and informant has a corresponding mean- ing protection order has the same meaning as in section 2 of the Domestic Violence Act 1995; and includes any order that is deemed, by section 133(3) of that Act, to be a protection order relevant court,— (a) in relation to an offence against section 49 of the Do- mestic Violence Act 1995 or a domestic violence of- fence, means the court which made a protection order against the person convicted of the offence; and in- cludes a court in which an application for a protection order against the offender is pending: in relation to an offence against section 25 of the Har- assment Act 1997 or an harassment offence, means the court which made a restraining order against the per- son convicted of the offence; and includes a court in which an application for a restraining order against the offender is pending (b) restraining order has the same meaning as in section 2 of the Harassment Act 1997.
Expressions defined in the Act have the meanings so defined.

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

Regulation 2 court of hearing: amended, on 29 June 2009, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
Regulation 2 declaration of financial capacity: inserted, on 13 February 2012, by regulation 4(2) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

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

Regulation 2 domestic violence: inserted, on 1 July 1996, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).
5 r 3 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Regulation 2 domestic violence offence: inserted, on 1 July 1996, by regu- lation 2 of the Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).

Regulation 2 examining court: amended, on 29 June 2009, by regulation 4(3) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
Regulation 2 examining court: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Regulation 2 examining Registrar: amended, on 29 June 2009, by regu- lation 4(4) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Regulation 2 fine: revoked, on 13 February 2012, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Regulation 2 harrassment offence: inserted, on 1 May 1998, by regulation 2(1) of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

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

Regulation 2 information: amended, on 29 June 2009, by regulation 4(6) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
Regulation 2 protection order: inserted, on 1 July 1996, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154).

Regulation 2 relevant court: replaced, on 1 May 1998, by regulation 2(2) of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

Regulation 2 restraining order: inserted, on 1 May 1998, by regulation 2(1) of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).
3 Forms The forms in Schedule 1, or forms to the like effect, may be used, with or without additional information required for identification or other official purposes included, and with any variations that the circumstances may require, in proceedings under the Act to which those forms refer.

Regulation 3: replaced, on 30 June 2002, by regulation 3 of the Summary Pro- ceedings Amendment Regulations 2002 (SR 2002/182).
4 (1) Fees, allowances, and expenses There shall be paid in respect of the several matters specified in Schedule 2 the respective court fees set out in that schedule.

(1A) The fees prescribed by these regulations are inclusive of goods and services tax.
(1B) The Secretary for Justice may permit a person or class of per- sons to pay any fees due under these regulations in respect of the provision of particulars of a reminder notice that is deemed 6 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 6 (2) 5 (1) (2) (3) to have been filed in a court under section 21(4C) of the Act, in accordance with a credit arrangement.
The fees, travelling allowances, and expenses payable to inter- preters and to persons giving evidence in proceedings to which the Act applies shall be in accordance with the Witnesses and Interpreters Fees Regulations 1974.

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

Regulation 4(1A): inserted, on 1 January 1998, by regulation 2 of the Summary Proceedings Amendment Regulations 1997 (SR 1997/322).
Regulation 4(1B): inserted, on 1 March 2007, by regulation 4 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

Regulation 4(2): amended, on 1 June 1974, pursuant to regulation 9 of the Wit- nesses and Interpreters Fees Regulations 1974 (SR 1974/124).

Application of regulations 6 to 14B Regulations 6 to 14 apply to the taking of evidence under sec- tion 31 or 32 of the Act.

Regulation 14 applies to the taking of evidence under section 31, 32, or 182 of the Act.
Regulations 14A and 14B apply to the taking of evidence under section 182 of the Act.

Regulation 5: replaced, on 29 June 2009, by regulation 5 of the Summary Pro- ceedings Amendment Regulations 2009 (SR 2009/131).
Procedure for taking evidence under section 31, 32, and 174 of the Act 6 (1) Where under section 31 or section 32 of the Act an applica- tion is made to a District Court Judge before the hearing for the taking of evidence otherwise than at the hearing, the appli- cation shall be in form 51 of Schedule 1, and shall be filed in duplicate in the court of hearing.
(2) Where the defendant is the applicant, the Registrar of the court of hearing shall send a copy of the application to the infor- mant, or, where the informant has taken the proceedings in his capacity as an officer or employee of any department of State, local authority, or public body, to the office of the department, local authority, or public body, as the case may be, in or nearest 7 r 7 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 to the place where the court of hearing is situated; and, where the informant is the applicant, the Registrar shall send a copy of the application to the defendant: provided that where the informant or the defendant, as the case may be, is represented in the proceedings by a solicitor, the copy may be sent by the Registrar to that solicitor.
Regulation 6(1): amended, on 29 June 2009, by regulation 6 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Regulation 6(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
If the District Court Judge is satisfied— (a) in the case of an application under section 31(1A) of the Act, that the defendant consents to the order; and in any other case, that the informant or the defendant, as the case may be, does not oppose the application,— (b) he may make an order on the application forthwith.
In any case where the District Court Judge does not make an order under subclause (1), the Registrar of the court of hearing shall— (a) fix a time for the hearing of the application and notify the parties to attend; or place the application before the court at the hearing of the information.

(b) Regulation 7(1): replaced, on 15 July 1965, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116).
Regulation 7(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Regulation 7(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

An order for the taking of evidence otherwise than at the hear- ing shall be in form 52 of Schedule 1.

The order and a certified copy of the relevant information shall be sent by the Registrar of the court of hearing to the Registrar of the examining court.
7 (1) (2) 8 9 8 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 12 10 (1) Immediately upon receiving the order, the Registrar of the examining court shall appoint a time and place for the exam- ination and shall give notice in form 53 of Schedule 1 to the informant and to the defendant of the time and place so ap- pointed.
(2) A notice shall be served in the same manner as if it were a summons to a defendant on an information: provided that— (a) the notice may be served on the informant or the de- fendant by leaving it at or posting it to his address for service as stated in the order: (b) where the informant is an officer of any department of State, local authority, or public body, the notice may be served on the informant by leaving it at or posting it to the office of the department, local authority, or public body, as the case may be, in or nearest to the place where the court of hearing or the examining court is situated: provided also that, where the informant or the defendant is represented in the proceedings by a solicitor, it shall be suf- ficient compliance with this regulation if the notice is left with or posted to that solicitor.
The Registrar of the examining court shall send a copy of the notice to the Registrar of the court of hearing.

Summonses to witnesses For the purposes of the examination, summonses to witnesses may be issued by any District Court Judge or Community Magistrate or Justice or Registrar.

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

Regulation 11: amended, on 1 April 1980, pursuant to section 18(2) of the Dis- trict Courts Amendment Act 1979 (1979 No 125).
The examination may take place in court or in an office of the court or in any other place appointed by the examining court; 9 (3) 11 12 (1) r 12 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 (2) (3) (4) (5) and the parties shall be at liberty to attend the examination with or without counsel or solicitor.

The examination may be adjourned from time to time and from place to place.
The examining court may administer an oath to each witness who may be examined, cross-examined, and re-examined as at the hearing of an information.

The deposition shall be taken down in writing— (a) (b) in the presence of the examining court; and not ordinarily by question and answer, but so as to rep- resent as nearly as may be practicable the statements of the witness.
The examining court may put down or cause to be put down any particular question or answer if there appears to be any special reason for doing so, and may put any question to the witness as to the meaning of any answer or as to any matter arising in the course of the examination.
(7) (6) An examining Registrar shall not have power to decide upon the admissibility of any evidence, but, if any evidence is objected to, he shall take down the question and the answer thereto or admit the document, as the case may be, and make a note of the objection on the deposition, and the question of admissibility shall be decided by the court at the hearing of the information.
If the witness objects to any question put to him before an examining Registrar, the question and the objection shall be taken down in the deposition, and the validity of the objection shall be decided by the court at the hearing of the information.
(8) Where the examination is before a Registrar and any witness refuses or neglects to attend in answer to a witness summons issued under these regulations, or having attended refuses to be sworn or to answer any lawful question or to produce any document which he is lawfully required to produce, the exam- ination shall be adjourned and the adjourned examination shall be held before a District Court or a District Court Judge, as the case may be, at a time and place to be appointed by the exam- ining Registrar.
Regulation 12(8): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

10 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 14A Signature and disposal of depositions 13 (1) When the examination of a witness has been concluded, the deposition shall be read over to him and each page of it shall be signed by him and by the examining District Court Judge, Community Magistrates, Justices, or Registrar.
If the witness refuses to sign his deposition, the examining District Court Judge, Community Magistrates, Justices, or Registrar shall make a note of the refusal on the deposition, and the depos- ition may be tendered in evidence notwithstanding that it is not signed by the witness.

Form 54 of Schedule 1 shall be attached to the depositions which, together with any exhibits suitably marked, shall be sent to the court of hearing.
Regulation 13 heading: inserted, on 1 November 1998, by regulation 3 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

(2) Regulation 13(1): amended, on 1 November 1998, by regulation 3 of the Sum- mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Regulation 13(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Regulation 13(2): amended, on 29 June 2009, by regulation 7 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

14 (1) (2) Non-appearance of person on whose behalf examination held This regulation applies to a person on whose behalf an exam- ination is being held under section 31, 32, or 182 of the Act who— (a) fails to appear at the appointed time or at any adjourn- ment; or fails to proceed with the examination.
(b) The examining court must immediately send a certificate in form 56 of Schedule 1 to the court of hearing.

Regulation 14: replaced, on 29 June 2009, by regulation 8 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
14A Procedural requirements if oral evidence to be taken (1) other than at committal hearing This regulation applies if an oral evidence order is made under section 180 of the Act that, in accordance with section 182 of 11 r 14B Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 (2) the Act, permits or requires oral evidence to be taken other than at a committal hearing.
The Registrar of the court of hearing must send the order and a certified copy of the relevant information to the Registrar of the examining court.

(3) On receiving the order, the Registrar of the examining court must— (a) (b) appoint a time and place for the examination; and give notice of the time and place, in form 53 of Sched- ule 1, to the prosecutor and the defendant.
(4) The notice must be served in the same manner as if it were a summons to a defendant on an information, provided that— (a) the notice may be served on the prosecutor or the defen- dant by leaving it at or posting it to his or her address for service as stated in the order: if the prosecutor is an officer of any department of State, local authority, or public body, the notice may be served on the prosecutor by leaving it at or posting it to the office of the department, local authority, or public body, as the case may be, in or nearest to the place where the court of hearing or the examining court is situated: if the defendant is represented in the proceedings by a solicitor, the notice may be left with or posted to that solicitor.
(b) (c) Regulation 14A: inserted, on 29 June 2009, by regulation 9 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

14B Conduct of examination if oral evidence taken other than at committal hearing This regulation applies if oral evidence is taken, in accordance with section 182 of the Act, other than at a committal hearing.

The examination may take place in the court, in an office of the court, or in any other place appointed by the examining court.
The parties may attend the examination with or without coun- sel or solicitor.

The examining court may— (a) put down or cause to be put down any particular ques- tion or answer if there appears to be a special reason for doing so; and (1) (2) (3) (4) 12 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15 (b) question the witness about the meaning of any answer or about any matter arising in the course of the examin- ation.
(5) (6) (7) If any evidence given before an examining Registrar is ob- jected to,— (a) the examining Registrar must— (i) take down the question and answer or admit the document, as the case may be; and (ii) make a note of the objection on the deposition; and (b) the question of admissibility must be decided by the court at the hearing of the information.
If the witness objects to any question put to him or her before an examining Registrar, the question and the objection must be taken down in the deposition and the validity of the objection must be decided by the court at the hearing of the information.
Subclause (8) applies if the examination is before a Registrar and— (a) a witness refuses or neglects to attend in answer to a witness summons issued under these regulations; or a witness, having attended, refuses to be sworn or to answer any lawful question or to produce any document that he or she is lawfully required to produce.

(b) (8) The examination must be adjourned and the adjourned exam- ination must be held before a District Court at a time and place to be appointed by the examining Registrar.
(9) Depositions sent to the Registrar of the court of hearing must be accompanied by— (a) (b) Regulation 14B: inserted, on 29 June 2009, by regulation 9 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

a record of oral evidence in form 54 of Schedule 1; and any exhibits, suitably marked.
15 Safe custody of property where operation of restitution order suspended The court may, in respect of the suspension pursuant to section 138 of the Act of the operation of any order for the restitution of property and the operation of subsection (1) of section 26 of the Sale of Goods Act 1908, or upon any direction given under 13 r 15A Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 the said section 138 that that operation be not suspended, give in any special case such direction as it thinks proper to secure the production of property for use at the hearing of the appeal or to ensure its proper custody pending the determination of the appeal.
Order for detention in psychiatric hospital pending trial Heading: inserted, on 1 April 1970, by regulation 2 of the Summary Proceed- ings Regulations 1958, Amendment No 6 (SR 1970/52).
15A Order for detention in psychiatric hospital pending trial (1) If, under section 184T(3) of the Act, the court, instead of issu- ing a warrant, makes an order in form 43A of Schedule 1 for a person’s detention in a psychiatric hospital pending his trial, a copy of the order shall be sent to the manager of the prison nearest to the place where the trial is to be held.
[Revoked] Regulation 15A: inserted, on 1 April 1970, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 6 (SR 1970/52).

(2) Regulation 15A(1): amended, on 29 June 2009, by regulation 10 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).

Regulation 15A(1): amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Regulation 15A(2): revoked, on 1 October 1985, by regulation 2 of the Sum- mary Proceedings Regulations 1958, Amendment No 13 (SR 1985/231).

Enforcement of penalties Heading: inserted, on 4 June 1974, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
15B Reminder notice for infringement offence (1) The particulars of a reminder notice referred to in section 21(4)(a) of the Act are— (a) (b) (c) (d) the number of the reminder notice; and the name and address of the informant; and the full name and full address of the defendant; and details of the alleged infringement offence, including the date, time, place of the offence, the enactment and 14 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15BA provision contravened, and the registration number of the vehicle (if any) used in the offence; and the infringement fee, or the amount of the infringement fee remaining unpaid, other fees, and any other penal- ties specified in respect of the alleged offence; and the name or number (if any) of the officer who issued the infringement notice.
(e) (f) (2) (3) (4) (5) The particulars of a reminder notice referred to in section 21(4)(b) of the Act are— (a) the date and method of service of the infringement no- tice; and the date and method of service of the reminder notice; and the full address or, in the case of a reminder no- tice served electronically in accordance with section 24(1)(e) of the Act, the electronic address at which the reminder notice was served.
(b) (c) The particulars of a reminder notice referred to in section 21(4)(c) of the Act are— (a) (b) (c) (d) (e) the defendant’s date of birth; and the defendant’s gender; and the defendant’s occupation; and the defendant’s telephone number or numbers; and the defendant’s driver licence number (if a vehicle was used in the offence).

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

The particular specified in subclause (3)(e) applies only if rele- vant.
Regulation 15B: replaced, on 1 March 2007, by regulation 5 of the Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Regulation 15B(2)(c): amended, on 1 August 2012, by regulation 4 of the Sum- mary Proceedings Amendment Regulations 2012 (SR 2012/134).
15BA Request to court for certain electronically created records (1) A computer printout of the particulars of a reminder notice that is deemed to have been filed in a court under section 21(4C) of the Act may be given to any person who the Registrar is satis- fied has a genuine and proper interest in obtaining the printout.
15 r 15C (2) Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 In any case of doubt or difficulty the Registrar may refer the matter to a District Court Judge, whose decision is final.

Regulation 15BA: inserted, on 1 March 2007, by regulation 5 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
15C Costs payable by defendant in respect of infringement offence (1) Where an order is deemed to have been made under section 21(5) or (5A) of the Act against the defendant in respect of an infringement offence, the amount payable by the defendant as costs under the order is $30.
(2) Where a defendant is found guilty of, or pleads guilty to, an in- fringement offence for which an infringement notice has been issued, the amount that the defendant must be ordered by the court to pay as costs under section 21(9) of the Act is $30.

Regulation 15C: replaced, on 1 November 1998, by regulation 3 of the Sum- mary Proceedings Amendment Regulations (No 5) 1998 (SR 1998/329).
Regulation 15C(1): amended, on 1 March 2007, by regulation 6 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
15D Certain court fees relating to infringement offences payable by local authorities, etc Notwithstanding the provisions of section 207(3) of the Act, the court fees prescribed in Schedule 2 for filing a copy of a reminder notice, or providing particulars of a reminder no- tice that is deemed to have been filed in a court under section 21(4C) of the Act, in respect of an infringement offence shall be payable where the informant is a local authority or other organisation that, under section 73 of the Public Finance Act 1989, is entitled to payment of a proportion of fines recovered.
Regulation 15D: replaced, on 1 November 1987, by regulation 2 of the Sum- mary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

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

Regulation 15D: amended, on 1 March 2007, by regulation 7 of the Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).
16 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15G 15E Applications for correction of irregularities in proceedings for infringement offences [Revoked] Regulation 15E: revoked, on 1 August 2012, by regulation 6 of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).
15F Registrar or bailiff may require declaration of financial (1) capacity The Registrar may, before entering into an arrangement with a defendant or a representative of the defendant under section 86 of the Act, require from that person a declaration of financial capacity.

(2) A bailiff may, before entering into an arrangement with a de- fendant or a representative of the defendant under section 86C of the Act, require from that person a declaration of financial capacity.
Regulation 15F: replaced, on 13 February 2012, by regulation 5 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
15G Declaration of financial capacity A declaration of financial capacity must contain information about all of the person’s sources of income, assets, liabilities, and outgoings, including, without limitation,— (a) (b) (c) (d) (e) (f) (g) (h) (i) salary and wages: benefits and pensions: commissions: interest and dividends: income from rental property: ownership of real estate: vehicle ownership: ownership of other property: income and realisable assets that the person does not currently have but which it is anticipated that the person will receive during the 12 months following the date of giving the declaration: debts: essential outgoings of the person and his or her depend- ants.
(j) (k) Regulation 15G: replaced, on 13 February 2012, by regulation 5 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

17 r 15H Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 15H Default in payment of sum adjudged to be paid on conviction [Revoked] Regulation 15H: revoked, on 1 November 1998, by regulation 8 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
15I Criteria for determining whether to enter, vary, suspend, or cancel arrangement extending time to pay or for payment by instalments This regulation applies if— (a) (1) a Registrar is deciding whether to enter into an arrange- ment under section 86 of the Act; or a Registrar is deciding whether to vary, suspend, or can- cel an arrangement under section 86A of the Act; or a bailiff is deciding whether to enter into an arrangement under section 86C of the Act; or a bailiff is making a determination under section 86D of the Act.
(b) (c) (d) (2) If this regulation applies, the Registrar or bailiff (as the case may require)— (a) must, for the purposes of assessing the financial position of the defendant or, if the case requires, the defendant’s representative, consider any information provided in a declaration of financial capacity given by that person; and (b) may have regard to any other circumstances relating to the financial position of the defendant or the defen- dant’s representative that the Registrar or bailiff consid- ers relevant.
Regulation 15I: replaced, on 13 February 2012, by regulation 6 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

15J Notice of decision on application for extension of time [Revoked] Regulation 15J: revoked, on 1 November 1998, by regulation 10 of the Sum- mary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
18 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15K 15K Fee and expenses in respect of enforcement of fine (1) Subject to the other provisions of this regulation, if a defen- dant defaults in the payment of a fine and as a consequence a warrant is issued, an attachment order is made, a sentence is imposed, or a deduction notice is issued under any of sections 83(1B), 83(2), 87(2), or 88AE(1) of the Act,— (a) the fee specified in Schedule 2 is payable by the defen- dant in respect of the enforcement of the fine; but no more than 1 amount is payable under this subclause in respect of the enforcement of the same fine.
(b) (2) A court, District Court Judge, Community Magistrate, or Registrar, may, if satisfied that it is appropriate to do so in the circumstances, waive the payment by a defendant of the fee under subclause (1).
(3) Where the court or Judge or Community Magistrate directing the issue of a warrant of commitment or imposing a sentence pursuant to section 83(2) or section 88AE(1) of the Act is sat- isfied that the defendant does not have the means to pay the fine, the court or Judge or Community Magistrate shall waive the payment of the fee under subclause (1) of this regulation in respect of that action.
(4) Where property is seized under a warrant to seize property is- sued for default in the payment of a fine, the defendant shall be liable to pay, in addition to any fee payable under subclause (1), such amount as the Registrar may certify in respect of ex- penses reasonably incurred in seizing, removing, transporting, or storing the property, or selling, assigning, applying, auc- tioning, or otherwise disposing of or releasing the property.
Regulation 15K: inserted, on 1 November 1987, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

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

Regulation 15K(1): replaced, on 13 February 2012, by regulation 7(1) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Regulation 15K(2): amended, on 1 November 1998, by regulation 11(2) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

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

Regulation 15K(3): amended, on 1 November 1998, by regulation 11(3) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
19 r 15L Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Regulation 15K(4): amended, on 13 February 2012, by regulation 7(3) of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
15L Orders for sentences of community work, community detention, or home detention If a defendant is sentenced to community work, community detention, or home detention under section 88AE(1) of the Act, the Registrar must immediately ensure that an order recording the sentence is served personally on the defendant.

Regulation 15L: replaced, on 30 June 2002, by regulation 4 of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).
Regulation 15L heading: amended, on 1 October 2007, by regulation 4(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).

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

Regulation 15L: amended, on 1 October 2007, by regulation 4(2) of the Sum- mary Proceedings Amendment Regulations 2007 (SR 2007/294).
15M Receipt for payment of fine, etc (1) Subclause (2) applies to a sum levied by or paid to any con- stable or a bailiff under a warrant.

The constable or the bailiff who receives any amount in or towards payment of the sum described in subclause (1) must give to the defendant or the person making the payment a re- ceipt for the amount as soon as is reasonably practicable after receiving the amount.
Subclause (4) applies to a sum paid in or towards a court fee, fine, costs, or other money payable on an information or com- plaint or on a conviction or order made by a court.
The following persons must, on receiving any amount in or towards payment of the sum described in subclause (3), give to the defendant or other person making the payment a receipt for the amount as soon as is reasonably practicable after receiving the amount: (a) (b) if the amount is paid to the Registrar, the Registrar; or if the amount is paid to a person nominated under sec- tion 208(2)(b) of the Act, that person.

Subclause (4) does not apply if a receipt has already been given under subclause (2).
(2) (3) (4) (5) 20 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15P Regulation 15M: replaced, on 10 October 2006, by regulation 8 of the Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

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

Regulation 15M(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
15N Manager’s receipt for prisoner Where the defendant named in a warrant of commitment is delivered by the bailiff or constable executing the warrant to the manager of the prison named or described in the warrant, the manager shall, on receipt of the warrant, give to the bailiff or constable a receipt in form 60 of Schedule 1.

Regulation 15N: inserted, on 1 November 1987, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Regulation 15N heading: amended, on 1 June 2005, by section 207 of the Cor- rections Act 2004 (2004 No 50).

Regulation 15N: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

Regulation 15N: amended, on 30 June 2002, by regulation 5 of the Summary Proceedings Amendment Regulations 2002 (SR 2002/182).
15O Notice of payment of fine if defendant imprisoned, etc [Revoked] Regulation 15O: revoked, on 13 February 2012, by regulation 9 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
15P General form of applications (1) Every defendant or person who, in relation to proceedings under the Act, makes any application or claim or seeks any order or other action must lodge with the Registrar of the court an application in form 61 of Schedule 1 or in a form to the like effect unless— (a) (b) any provision of the Act provides otherwise; or otherwise authorised by the court, District Court Judge, Community Magistrate, or Registrar having jurisdiction in respect of the matter; or another form is prescribed for the purpose in Sched- ule 1; or (c) 21 r 15Q Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 (d) no form is prescribed for the purpose and the chief ex- ecutive has, under section 209A of the Act, approved and issued a form for the purposes of the Act.
(2) After receiving an application under subclause (1), the Regis- trar of the court must— (a) (b) appoint a time and place for the hearing of the applica- tion (unless the order or action sought is made or taken without a hearing); and give to the applicant and any other person who the Registrar considers should be notified, or who a Dis- trict Court Judge or Community Magistrate directs be notified, notice in form 62 of Schedule 1 (notice of receipt of the application and the time and place for the hearing) unless any of paragraphs (a) to (d) of subclause (1) apply.
(3) In this regulation, Registrar of the court means Registrar of the court in which the proceedings were commenced or to which they have been transferred.

Regulation 15P: replaced, on 13 February 2012, by regulation 10 of the Sum- mary Proceedings Amendment Regulations 2011 (SR 2011/398).
15Q Transmission of criminal record relating to breach of protection or restraining order (1) Where a defendant is convicted of an offence against section 49 of the Domestic Violence Act 1995, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant court.
(2) Where a defendant is convicted of an offence against section 25 of the Harassment Act 1997, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant court.

(3) On receiving the copy, the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceedings.
Regulation 15Q: replaced, on 1 May 1998, by regulation 3 of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).
22 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15S 15R Transmission of criminal record relating to other offences involving domestic violence or harassment (1) Where a defendant is convicted of a domestic violence offence or of an harassment offence, a District Court Judge or Justice may direct the Registrar of the court in which that conviction is entered to forward, without delay, a certified copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant court.
(2) Where— (a) (b) a defendant is convicted of an offence; and the Registrar of the court in which that conviction is en- tered has reason to believe that the offence is a domestic violence offence or an harassment offence,— the Registrar must, without delay, forward a certified copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant court.
(3) On receiving a copy forwarded under subclause (1) or sub- clause (2), the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceed- ings.

Regulation 15R: replaced, on 1 May 1998, by regulation 3 of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).
15S Result of appeal to be notified to court receiving copy of (1) criminal record If,— (a) under regulation 15Q or regulation 15R, a copy of an entry in the Criminal Records relating to a conviction for an offence is forwarded to a relevant court; and on any appeal,— (i) (ii) that conviction is quashed; or the sentence imposed in relation to that offence is varied; and in accordance with section 135(2) of the Act, the Regis- trar makes, in the entry in the Criminal Records relating to that conviction, a note of the decision on appeal,— (b) (c) the Registrar must, without delay, forward a copy of that note to the Registrar of the relevant court.
23 r 15T (2) Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 If a copy of a note relating to a conviction is forwarded to the relevant court under subclause (1), the Registrar of that court must,— (a) where the conviction has been quashed, remove from the file the copy of the entry relating to that conviction; or in any other case, cause the copy of the note to be placed on the file relating to the applicable proceedings.
Regulation 15S: replaced, on 1 May 1998, by regulation 3 of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

(b) 15T Information about criminal proceedings in domestic (1) (2) violence proceedings In this regulation, the term domestic violence proceedings means an application for a protection order that is pending before a District Court or a Family Court or that a District Court or a Family Court has determined by making a protec- tion order.
This regulation applies where the court in which domestic violence proceedings have been filed or the Registrar of that court has reason to believe that the respondent or associated respondent to the domestic violence proceedings is charged with, or has been convicted of— (a) (b) a domestic violence offence; or an offence against section 49 of the Domestic Violence Act 1995.
(a) (3) Where this regulation applies, the Registrar of the court may— consult the Registrar of the court in which the respond- ent or associated respondent to the domestic violence proceedings is believed to have been charged with or convicted of an offence specified in subclause (2); and request that Registrar to supply available information relating to the charge or conviction.
(b) The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— (a) the conditions on which bail has been granted to the defendant: a copy of the entry in the Criminal Records relating to the conviction.
(b) (4) 24 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 r 15U (5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.

Regulation 15T: replaced, on 1 May 1998, by regulation 3 of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).
15U Information about criminal proceedings in harassment (1) (2) proceedings In this regulation, the term harassment proceedings means an application for a restraining order that is pending before a District Court or that a District Court has determined by mak- ing a restraining order.
This regulation applies where the court in which harassment proceedings have been filed or the Registrar of that court has reason to believe that the respondent or associated respondent to the harassment proceedings is charged with, or has been convicted of,— (a) (b) an harassment offence; or an offence against section 25 of the Harassment Act 1997.
(a) (3) Where this regulation applies, the Registrar of the court may— consult the Registrar of the court in which the respond- ent or associated respondent to the harassment proceed- ings is believed to have been charged with or convicted of an offence specified in subclause (2); and request that Registrar to supply available information relating to the charge or conviction.
(b) (4) The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— (a) the conditions on which bail has been granted to the defendant: a copy of the entry in the Criminal Records relating to the conviction.

(b) (5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.
25 r 16 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Regulation 15U: inserted, on 1 May 1998, by regulation 3 of the Summary Proceedings Amendment Regulations 1998 (SR 1998/64).

16 Revocations The regulations and orders specified in Schedule 4 are hereby revoked.
26 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Schedule 1 Forms Contents 5 3 4 5A 5B 6 6A 7 7A 8 9 Summons to defendant Warrant to arrest in summary proceedings (where offence punishable by imprisonment) Warrant to arrest in summary proceedings (where issued by a District Court Judge) Police summons to defendant Traffic summons to defendant in relation to breath-alcohol offence Summons to witness Summons to non-party to appear and produce information Warrant for attendance of a witness Warrant of commitment of witness Warrant where witness fails to appear Warrant of commitment for a witness refusing to give evidence Notice of prosecution for minor offence Reminder notice in respect of infringement offence Notice of hearing in respect of infringement offence Warrant of commitment on adjournment Bail bond for the attendance of the defendant [Revoked] Bail bond for the attendance of a witness [Revoked] Bail bond for the attendance of the appellant [Revoked] Bail bond for the attendance of a defendant committed for trial or sentence [Revoked] Notice of bond [Revoked] Warrant of deliverance on grant of bail [Revoked] Warrant of arrest of defendant or appellant for absconding [Revoked] Warrant to arrest defendant or appellant for failure to report [Revoked] Warrant to arrest defendant who does not attend personally [Revoked] Order to estreat bond [Revoked] 20 21 Warrant to arrest defendant who does not appear 21A Warrant to arrest defendant who does not attend 9A 10 10A 11 12 12A personally Criminal records 22 r 3 Page 31 32 33 34 35 38 39 40 41 43 44 45 48 52 54 56 56 56 56 56 56 57 57 57 57 58 60 61 27 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 23 24 25 26 27 28 28A 28B 29 30 31 31A 32 32A Warrant to seize property where order for immediate payment of fine has not been complied with [Revoked] Warrant of commitment where order for immediate payment of fine not complied with Warrant to seize property for unpaid fine [Revoked]
 Attachment order for unpaid fines [Revoked] Warrant to arrest defendant for unpaid fine [Revoked] Warrant of commitment for unpaid fine Order for sentence of home detention for unpaid fine [Revoked] Order for sentence of community detention for unpaid fine [Revoked] Order for sentence of community service where default in payment of fine [Revoked] Order for sentence of community work for unpaid fine [Revoked] Warrant of commitment for corrective training where default in payment of fine [Revoked] Order for return of defendant if conditions of section 88AE(1) order not complied with Notice of property other than motor vehicle seized under warrant [Revoked] Summons to hearing of claim for seized property [Revoked] 32AA Warrant to arrest defendant to determine defendant’s financial circumstances Claim to seized property [Revoked] 32B 32BA Notice of motor vehicle seized under warrant [Revoked] 32BB Warrant to recover motor vehicle from creditor [Revoked] 32C Warrant for seizure of a motor vehicle [Revoked] 32D 32E Warrant of commitment for non-payment [Revoked] Summons to defendant liable to corrective training, 32F periodic detention, or community service [Revoked] Application for review of Registrar’s decision [Revoked] 32G Warrant to arrest defendant liable to be sentenced for non-payment of fine [Revoked] Order for periodic detention [Revoked] Order for community service [Revoked] 32H 32I 32J Warrant of commitment for corrective training (for non-payment of fine) [Revoked] Warrant of commitment for refusing to obey order other than for payment of money [Revoked] 33 28 62 63 64 64 64 65 67 67 67 67 67 68 69 69 70 72 72 72 72 72 72 73 73 73 73 73 73 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 34 35 36 37 38 39 40 41 42 42A 43 43A 44 45 45A 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Notice of appeal by way of case stated on a question of law only Case stated on appeal from determination of District Court Notice of general appeal Warrant
 for arrest and committal of bailed appellant where he surrenders or where surety applies to be discharged [Revoked] Notice of abandonment of appeal Warrant to arrest defendant who is to be proceeded against by indictment Warrant to arrest defendant who does not attend committal proceedings following summons Depositions of witnesses for purposes of committal Committal of defendant for trial or sentence Notice of right to be tried by Judge without jury Warrant of commitment of defendant committed for trial or for sentence Order for defendant’s detention in psychiatric hospital pending trial Notice to other party of intention to take oral evidence of witness after defendant’s committal for trial Notice to witness to attend court Notice to witness of cancellation of notice to attend court Warrant for arrest of witness about to leave New Zealand Warrant of commitment of witness about to leave New Zealand Bond for keeping the peace Special constable’s oath [Revoked] Search warrant Application to take evidence Order for taking evidence Notice of time and place for examination Record of oral evidence of witnesses examined other than at hearing Sequel to form 54 [Revoked] Certificate of non-appearance Application to correct irregularities in proceedings for infringement offence [Revoked] Notice of time and place for examination [Revoked] Notice of decision on application for extension of time to pay fine [Revoked] Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 60 61 62 Manager’s receipt for a prisoner Application (General form) Notice of hearing of application 113 114 115 30 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 3 Summons to defendant Sections 19 and 150, Summary Proceedings Act 1957 To [full name], of [address, occupation] [Full name], of [address, occupation], has stated on oath that (*he (she)
 has just cause to suspect, and does suspect, that) you the said [full name] (*within the space of (6) months last past, namely,) on [date] at [place] [here set out the substance of the offence or matter of complaint] (*being an offence punishable summarily) (*being an indictable offence) [here add section and statute applicable].
You are summoned to appear on [date], at [time], at the District Court at [place], to answer to the information (or complaint).

Dated at: [place, date] Signature: District Court Judge (or Justice of the Peace (or Community Magistrate or Registrar (not being a constable)) *Delete if inapplicable.

Schedule 1 form 3: amended, on 29 June 2009, by regulation 11 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
Schedule 1 form 3: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 3: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
31 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 4 Warrant to arrest in summary proceedings (where offence punishable by imprisonment) Section 19(b), Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) On [date] an information was laid that [full name], of [address, occu- pation] (hereinafter called the defendant), at [place] on [date] [here set out the alleged offence] being an offence for which the defendant is liable on conviction to a sentence of imprisonment.
I am of opinion that a warrant is necessary to compel the attendance of the defendant.

(or Having regard to the gravity of the alleged offence and the cir- cumstances of the case I am of opinion that a warrant should be is- sued): And I direct you to arrest the defendant and bring him before a Dis- trict Court as soon as possible to answer to the information.
Dated at: [place, date] Signature: Justice of the Peace (or Community Magistrate (or Registrar (not being a constable)) Schedule 1 form 4: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 4: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
32 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 5 Warrant to arrest in summary proceedings (where issued by a District Court Judge) Section 19(1)(c), Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) On [date] an information was laid (or a complaint was made) that [full name], of [address, occupation] (hereinafter called the defen- dant), at [place] on [date] [here set out the alleged offence or matter of complaint].
I am of opinion that there are grounds for the issue of a warrant.

And I direct you to arrest the defendant and bring him before a Dis- trict Court as soon as possible to answer to the information (com- plaint).

Dated at: [place, date] Signature: District Court Judge Schedule 1 form 5 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Schedule 1 form 5: amended, on 1 April 1996, by regulation 2(1) of the Sum- mary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).

Schedule 1 form 5: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

33 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 5A Police summons to defendant Section 19A, Summary Proceedings Act 1957 To [full name], of [address, occupation] You have been arrested without warrant.
The charge against you is that you the said [full name] *(within the space of (6) months last past, namely,) on [date] at [place] [here set out the substance of the offence] being a summary offence or an in- dictable offence that may be dealt with summarily [here add section and statute applicable].

An information in respect of this offence will be laid and filed within 7 days.

You are now being released without bail.


You are summoned to appear on [date]†, at [time], at the District Court at [place], to answer to the charge.

Dated at: [place, date] Signature: Constable *Delete if inapplicable.

†This day must be not later than 2 months after the date of this summons.

Schedule 1 form 5A: inserted, on 4 June 1974, by regulation 3(1)(a) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
Schedule 1 form 5A: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Schedule 1 form 5A: amended, on 1 May 1977, by regulation 4(1)(a) of the Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).
34 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 5B Traffic summons to defendant in relation to breath-alcohol offence Section 19B, Summary Proceedings Act 1957 To [full name], of [address, occupation] You have undergone an evidential breath test pursuant to section 69 of the Land Transport Act 1998.
The result of that evidential breath test was positive but you did not, within 10 minutes of being advised of— • • • the result of that evidential breath test; and your right to request a blood test; and the other matters specified in section 77(3)(a) of the Land Transport Act 1998,— advise a traffic officer or a constable that you wished to undergo a blood test.

The charge against you is that you, the said [full name], within the space of 6 months last past, namely, on [date] at [place].
*Drove [*attempted to drive] a motor vehicle on a road while the proportion of alcohol in your breath, as ascertained by an evidential breath test, exceeded 400 micrograms of alcohol per litre of breath, in that it was [specify] micrograms of alcohol per litre of breath (being an offence against section 56(1) of the Land Transport Act 1998).
*Being a person under 20 years of age, *drove [*attempted to drive] a motor vehicle on a road while the proportion of alcohol in your breath, as ascertained by an evidential breath test, exceeded 150 mi- crograms of alcohol per litre of breath in that it was [specify] micro- grams of alcohol per litre of breath (being an offence against section 57(1) of the Land Transport Act 1998).
An information in respect of this offence will be laid and filed as soon as practicable, and in any event not later than 7 days after the day the evidential breath test was administered.

You are summoned to appear on [date]†, at [time], at the *District Court/Youth Court at [place] to answer the charge.
Dated at: [place, date] Prosecuting authority: 35 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 5B—continued Signature: *Constable/Traffic Officer *Delete which is not applicable.

†This day must be not later than 2 months after the date of this summons.
[Notes to be included on defendant’s copy of summons] Notes to defendant Failure to appear: Failure to appear at the court named in this summons at the time and place stated above may result in the issue of a warrant for your arrest.

Prosecuting authority: Any enquiries regarding the charge against you should be directed to the prosecuting authority that issued this summons.

The prosecuting authority’s name and address appear in the box at the bottom of this summons.
Legal advice: You should whenever possible obtain legal ad- vice before the day on which you are required to attend court.

Seek advice from your own lawyer or from a Citizens Advice Bureau or Legal Advice Centre.

Legal aid: If you want a lawyer to act for you but think you cannot afford one you can apply to the court for legal aid.

Do this as soon as possible.

If aid is granted the court will appoint a lawyer to represent you.

Apply for legal aid at the District Court.


The Registrar will answer any questions you may have.

Schedule 1 form 5B: inserted, on 13 March 1989, by regulation 3 of the Sum- mary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12).

Schedule 1 form 5B: amended, on 29 December 2001, by section 14(3)(a) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Schedule 1 form 5B: amended, on 29 December 2001, by section 14(3)(b) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Schedule 1 form 5B: amended, on 1 March 1999, by regulation 2(a) of the Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).

Schedule 1 form 5B: amended, on 1 March 1999, by regulation 2(b) of the Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).
Schedule 1 form 5B: amended, on 1 March 1999, by regulation 2(c) of the Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).

1 2 3 4 36 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 5B—continued Schedule 1 form 5B: amended, on 1 March 1999, by regulation 2(d) of the Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).
Schedule 1 form 5B: amended, on 1 April 1996, by regulation 2(2) of the Sum- mary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).

Schedule 1 form 5B: amended, on 16 April 1993, by regulation 2 of the Sum- mary Proceedings Regulations 1958, Amendment No 21 (SR 1993/81).
37 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 6 Summons to witness Section 20(1) and (2), Summary Proceedings Act 1957 To [full name], of [address, occupation] You are summoned at the request of the informant (or complainant or defendant) to appear as a witness at the District Court at [place] on [date] at [time] and on such other days as may be directed by the court to give evidence in respect of a charge (complaint) of (that) [state brief particulars of charge or complaint] laid (made) by [name of informant or complainant] against [name of defendant].
*You are required to bring with you and produce [specify what is to be produced].

Dated at: [place, date] Signature: District Court Judge (or Justice of the Peace or Community Magistrate or Registrar) *Delete if inapplicable.

Schedule 1 form 6: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 6: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
38 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 6A Summons to non-party to appear and produce information Section 20(1), (1A), and (2), Summary Proceedings Act 1957 To [full name, address] You are summoned at the request of the prosecutor/defendant* to appear and produce the information set out below at the District Court at [place, date, time] and on such other days as may be directed by the court in respect of— †(a) a charge of [particulars of charge] laid by [name of informant] against [full name of defendant].
a complaint made by [name of complainant] against [full name of defendant] that [particulars of complaint].

†(b) *Select one.

†Select the paragraph that applies.

The information you are required to bring with you and produce is [specify information to be produced].

Date: Place: Signature: (District Court Judge/Justice of the Peace/Community Magis- trate/Registrar*) *Select one.
Schedule 1 form 6A: inserted, on 29 June 2009, by regulation 12(a) of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).
39 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 7 Warrant for attendance of a witness Section 20(4), Summary Proceedings Act 1957 To every constable (or To [full name], constable) I am satisfied that [full name], of [address, occupation], whose evi- dence at the hearing is required by the informant (or complainant or defendant) in the case of [title of proceedings], the charge (complaint) being [specify] will not attend without being compelled to do so: And I direct you to arrest the said [full name of witness] and bring him to the District Court at [place] on [date], at [time].
Dated at: [place, date] Signature: District Court Judge (or Registrar) (This warrant may be issued only by a District Court Judge or a Registrar.)

[Not printed] Schedule 1 form 7: amended, on 1 April 1996, by regulation 2(3)(a) of the Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).

Schedule 1 form 7: amended, on 1 April 1996, by regulation 2(3)(b) of the Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).
Schedule 1 form 7: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 19790 (1979 No 125).
40 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 7A Warrant of commitment of witness Section 20(4A)(a), Summary Proceedings Act 1957 CR No: To every constable (or To [full name], constable) and To the manager of the prison at [place] [Full name], of [address, occupation] (hereinafter called the wit- ness), a witness in the case of [title of proceedings] for hearing be- fore this court was arrested pursuant to a warrant issued under section 20(4) of the Summary Proceedings Act 1957 and brought before me.
I hereby order that the witness be committed to prison to be detained until the hearing of the case and I direct you, the said constable(s), to deliver the witness to the prison at [place] and you, the said manager, to receive the witness into your custody and to detain him until [date], when you are required to bring him to the District Court at [place] at [time], to give his evidence.
Dated at: [place, date] Signature: District Court Judge [Back] Certificate of grant of bail I hereby certify that I have granted bail to the said [full name], subject to the following condition(s): Signature: District Court Judge Schedule 1 form 7A: inserted, on 4 June 1974, by regulation 3(1)(b) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Schedule 1 form 7A: amended, on 1 June 2005, by section 207 of the Correc- tions Act 2004 (2004 No 50).
41 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 7A—continued Schedule 1 form 7A: amended, on 1 August 1987, by regulation 2(1) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Schedule 1 form 7A: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
42 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 8 Warrant where witness fails to appear Section 38, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) [Full name], of [address, occupation], was summoned to give evi- dence on [date], at the District Court at [place] in the case of [title of the proceedings] and failed to appear and has offered no just excuse for his failure.
I am (We are) satisfied that the summons was duly served on him and that he was not required to travel more than 10 miles to attend the hearing (or that expenses in accordance with the prescribed scale were tendered to him).

I (We) direct you to arrest the said [full name of witness] and bring him to the District Court at [place] on [date], at [time].
Dated at: [place, date] Signature: District Court Judge (or Justice(s) of the Peace or Community Magistrate(s)*)) [Not printed] Schedule 1 form 8: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 8: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
43 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 9 Warrant of commitment for a witness refusing to give evidence Section 39, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) and To the manager of the prison at [place] [Full name], of [address, occupation] (hereinafter called the wit- ness), a witness in the case of [title of the proceedings] now being heard before this court, refuses to give evidence (or refuses to be sworn or having been sworn refuses to answer questions concerning the charge) without offering any just excuse for his refusal: I (We) direct you, the said constable(s), to arrest the witness and deliver him to the manager of the prison at [place], and you, the said manager, to receive the witness into your custody and to detain him for [number] days, unless he sooner consents to give evidence (or to be sworn or to answer the questions put to him).
And I (we) further direct you, the said manager, to bring the witness to the District Court at [place] on [date], at [time], or at such earlier time as he consents to give evidence (or to be sworn or to answer the questions put to him).

Dated at: [place, date] Signature: District Court Judge (or Justice(s) of the Peace or Community Magistrate(s)) [Not printed] Schedule 1 form 9: amended, on 1 June 2005 by section 207 of the Corrections Act 2004 (2004 No 50).
Schedule 1 form 9: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 9: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
44 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 9A Notice of prosecution for minor offence Section 20A, Summary Proceedings Act 1957 CR No: To [set out name and address of defendant in postal address form] District Court: Occupation: Date of birth: *Driver’s licence No: *Latest coupon issued by: Take notice that I [full name of informant] of [address, capacity in which acting], allege that you, the above-named [full name of defen- dant], did, on [date] at [place] commit an offence against [here set out section and statute applicable] in that you [here set out brief de- tails of the offence].
The facts on which I base this allegation are contained in the sum- mary set out below (*or attached to this notice and signed by me).

Penalty The maximum penalty for this offence is a fine not exceeding $[amount].

*The mininum penalty expressly provided for the offence is [give particulars].

*Other consequences of conviction for the offence are [give particu- lars in accordance with section 20A(3)(c) of the Summary Proceed- ings Act 1957].
I certify that I believe that I have just cause for this allegation and that, to the best of my knowledge and belief the summary of the facts and the other particulars relating to the offence or to the defendant, which facts and particulars are set out below (*or on an attached sheet of paper signed by me), are true and correct.
Dated at: [place, date] [Signature of informant] 45 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 9A—continued Summary of facts (and other relevant matters) The facts on which the informant bases his allegations are as follows: (*or are set out on the attached sheet of paper headed Summary of facts and signed by the informant).

[The summary must be sufficient to fully and fairly inform the defendant of the allegations against him.
Particulars of other matters (not being previous convictions) which the informant considers are relevant to the imposition of a penalty may also be included.]

*Previous convictions *Particulars of the defendant’s previous convictions are attached.

*Delete if inapplicable.

Notice to defendant of his rights When writing or making inquiries please quote this number.

CR No: (1) You have been charged with an offence*.


(2) If you wish to deny the charge or to appear before the court for that or any other purpose related to the alleged offence you must send written advice to that effect to the Registrar, [specify] District Court, [address] by [date].

A summons will then be issued requiring you to appear before the court.

If you wish to plead guilty to the charge you may in writing addressed to the Registrar at the above address, give notice that you plead guilty.
In that notice you may— (a) state matters in relation to the offence, which you wish the court to take into consideration: (b) make submissions with regard to the appropriate (c) penalty: unless a minimum sentence for the offence is expressly provided for, put forward reasons why you should be discharged without conviction under section 106 of the Sentencing Act 2002.
If you do nothing, then, after the date specified in paragraph (2) above, a District Court Judge may deal with you on the (3) (4) 46 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 9A—continued (5) basis of the summary of the facts given to you as if you had appeared before the court and pleaded guilty.
Previous convictions: If this notice is accompanied by par- ticulars of any previous convictions against you, the District Court Judge may take these into account in deciding whether or not to impose a penalty, and, if one is imposed, its amount.

If you dispute particulars of any conviction you should send written advice to that effect to the Registrar by the date speci- fied in paragraph (2) above.

A summons will then be issued.


Dated at: [place, date] Signature: (Deputy) Registrar *Note: If the offence alleged against you is a speeding offence de- tected by an approved speed camera, you may have certain defences under section 133 of the Land Transport Act 1998.

You should con- sult a lawyer immediately for advice about these defences and as to whether they are available to you.

Note: If you are in doubt consult a solicitor or the Registrar imme- diately.
The office hours of the court are: Schedule 1 form 9A: inserted on 4 June 1974, by regulation 3(1)(c) of the Sum- mary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Schedule 1 form 9A: amended, on 30 June 2002, by regulation 7(1) of the Sum- mary Proceedings Amendment Regulations 2002 (SR 2002/182).

Schedule 1 form 9A: amended, on 1 March 1999, by regulation 3 of the Sum- mary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).
Schedule 1 form 9A: amended, on 1 November 1993, by regulation 2(1) of the Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314).

Schedule 1 form 9A: amended, on 1 November 1993, by regulation 2(2) of the Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314).

Schedule 1 form 9A: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
47 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 10 Reminder notice in respect of infringement offence Section 21(2), (2AA), and (3C)(b), Summary Proceedings Act 1957 r 3 (Front page) Reminder notice in respect of infringement offence Reminder notice No: CR No: Informant Name: Address: Details of person to whom infringement notice issued Full name: [first name(s), family name] Full address: Date of birth: Gender: Occupation: Telephone number(s): Details of alleged infringement offence The informant shown above alleges that you committed an infringe- ment offence: On: [date and time of offence] At: [place] In that you: [specify details of offence] The offence is one against [specify enactment and provision contra- vened].
Name or number, if any, of officer who issued notice: [specify] Service details (To be provided for filing in court.)

48 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 10—continued Infringement notice served by personal service/by prepaid post/elec- tronically (if permitted)* on: [date] Reminder notice served by personal service/by prepaid post/electron- ically (if permitted)* on: [date] At: [address] *Select one.
Infringement fee The infringement fee for this offence is: $[amount] Amount of infringement fee unpaid: $[amount] Other fees [specify (if any)]: $[amount] Total payable: $[amount] Other penalties [specify (if any)]: Procedure for payment of infringement fee [Specify method(s) of payment.]

You must pay the infringement fee within 28 days after the service of this notice.

The last day for payment is [date].


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

Please read the notes below.


If there is anything you do not under- stand in the notes, you should consult a lawyer.

49 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 10—continued (Back page) Notes to defendant Payment 1 If you pay the infringement fee or the amount of the infringe- ment fee remaining unpaid within 28 days after the service of this notice, no further enforcement action will be taken against you.
Defences 2 3 You will have a complete defence against proceedings relating to the alleged offence if you can show the infringement fee or the amount of the infringement fee remaining unpaid has been paid to the informant and received at the address shown on the front page of this notice within 28 days after the service of this notice.

Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.
Further action 4 (b) (c) You must write to the informant if you wish to do any of the following things: (a) raise a matter concerning the circumstances of the al- leged offence for consideration by the informant; or deny liability for the alleged offence and request a court hearing; or admit liability for the offence, but have the court con- sider submissions as to penalty or otherwise.
In your letter, you must request a hearing, admit liability in re- spect of the offence, and set out the submissions that you would like the court to consider.

You must ensure that your request is received on or before the last day for payment.
If you deny liability and request a court hearing, the informant will then, if it decides to commence court proceedings in respect of the 50 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 10—continued alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
If you admit liability but wish to have the court consider submissions, the informant will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court.

You are not entitled to make oral submissions to the court.

If the court finds you guilty or you make submissions, costs will be imposed in addition to any penalty.
Next steps If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, you will become liable to pay a fine and court costs.

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

Schedule 1 form 10: replaced, on 1 August 2012, by regulation 7(1) of the Summary Proceedings Amendment Regulations 2012 (SR 2012/134).
51 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 10A Notice of hearing in respect of infringement offence Section 21(6), (7), (8), Summary Proceedings Act 1957 CR No: Informant Name: Address: Defendant Name: Address: Date of birth: Sex: Occupation: Driver’s licence No: An infringement notice [number of notice] was issued on [date of issue of notice] by [name or number, if any, of officer who issued notice] and served on the defendant on [date of service of notice] by [method of service].
The infringement notice alleges that on [date] at [specify] the defen- dant committed an offence against [here set out enactment and pro- vision applicable] in that the defendant [here set out details of the offence, including the registration number of any vehicle used in the offence].

*The informant served a reminder notice [number of reminder notice] in respect of the alleged offence on the defendant on [date of service of reminder notice] by [method of service].
The defendant by notice in writing signed by the defendant and deliv- ered to the informant on [date on which notice received by informant] requested a hearing in respect of the alleged offence.

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

*The defendant should attend that court at that time.
52 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 10A—continued *The defendant did in that notice admit liability in respect of the alleged offence and accordingly the defendant’s notice is filed with this Notice of Hearing.

*Delete if inapplicable.

Notes to defendant 1 2 3 4 Failure to attend will result in the case being dealt with in your absence.

If the offence is proved, you will be ordered to pay costs in addition to any other penalty imposed.
If you are in doubt, you should consult a solicitor or the Regis- trar immediately.

If you change your address, please notify the Registrar imme- diately.

Notice of alibi If you intend to give evidence of an alibi (by showing that you were not at the place where the offence was committed at the time it was committed), you must give notice to the prosecutor within 14 days after you plead not guilty to a summary offence.
Schedule 1 form 10A: replaced, on 1 November 1987, by regulation 3(1) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Schedule 1 form 10A: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).
53 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 11 Warrant of commitment on adjournment Section 47, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) and To the manager of the prison at [place] The hearing of a charge of [specify] against [full name], of [address, occupation] (hereinafter called the defendant), has been adjourned, and the defendant has been remanded in custody for the period of the adjournment.
I (We) direct you, the said constable(s), to deliver the defendant to the prison at [place], and you, the said manager, to receive the defendant into your custody and to detain him until [date], when you are required to bring him to the District Court at [place] at [time] to answer further to the charge.
Dated at: [place, date] Signature: District Court Judge (or Justice(s) of the Peace or Community Magistrate(s) or Registrar) 54 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 11—continued [Back] Certificate of grant of bail I (We) hereby certify that I (we) have granted bail to the said [spe- cify], subject to the following condition(s): Signature: District Court Judge (or Justice(s) or Community Magistrate(s) or Registrar) Schedule 1 form 11: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Schedule 1 form 11: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 11: amended, on 1 April 1996, by regulation 2(4)(a) of the Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).

Schedule 1 form 11: amended, on 1 April 1996, by regulation 2(4)(b) of the Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).
Schedule 1 form 11: amended, on 1 August 1987, by regulation 2(2) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Schedule 1 form 11: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
55 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 12 Bail bond for the attendance of the defendant [Revoked] Schedule 1 form 12: revoked, on 1 August 1987, by regulation 2(3) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 12A Bail bond for the attendance of a witness [Revoked] Schedule 1 form 12A: revoked, on 1 August 1987, by regulation 2(3) of the Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
Form 13 Bail bond for the attendance of the appellant [Revoked] Schedule 1 form 13: revoked, on 1 August 1987, by regulation 2(3) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 14 Bail bond for the attendance of a defendant committed for trial or sentence [Revoked] Schedule 1 form 14: revoked, on 1 August 1987, by regulation 2(3) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
Form 15 Notice of bond [Revoked] Schedule 1 form 15: revoked, on 4 June 1974, by regulation 3(1)(d) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Form 16 Warrant of deliverance on grant of bail [Revoked] Schedule 1 form 16: revoked, on 1 January 2001, by regulation 3 of the Sum- mary Proceedings Amendment Regulations 2000 (SR 2000/249).
56 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 17 Warrant of arrest of defendant or appellant for absconding [Revoked] Schedule 1 form 17: revoked, on 1 August 1987, by regulation 2(5) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
Form 18 Warrant to arrest defendant or appellant for failure to report [Revoked] Schedule 1 form 18: revoked, on 1 August 1987, by regulation 2(5) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 19 Warrant to arrest defendant who does not attend personally [Revoked] Schedule 1 form 19: revoked, on 1 August 1987, by regulation 2(5) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
Form 20 Order to estreat bond [Revoked] Schedule 1 form 20: revoked, on 1 August 1987, by regulation 2(5) of the Sum- mary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).
57 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 21 Warrant to arrest defendant who does not appear Section 61, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) [Full name], of [address, occupation], (hereinafter called the defen- dant), who is charged with [specify] was served with a summons a reasonable time before the day appointed for the hearing.

And the defendant has not appeared this day at the hearing.
And the offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury (or, if the warrant is issued under para (b) and the defendant is liable on conviction to a sentence of imprisonment.)

I direct you to arrest the defendant and bring him before a District Court as soon as possible.
Dated at: [place, date] Signature: District Court Judge Justice(s) of the Peace or Community Magistrate(s) or Registrar [Alternative form to be used where defendant has been bailed to appear before the court] To every constable (or To [full name], constable) [Full name], of [address, occupation], (hereinafter called the defen- dant), who is charged with [specify] following his arrest was released on bail to attend personally on the day appointed for the hearing.
And the defendant did not appear at the hearing.

I direct you to arrest the defendant and bring him before a District Court as soon as possible.

58 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 21—continued Dated at: [place, date] Signature: District Court Judge Justice(s) of the Peace or Community Magistrate(s) or Registrar Schedule 1 form 21: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Schedule 1 form 21: amended, on 1 April 1996, by regulation 2(5) of the Sum- mary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).

Schedule 1 form 21: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
59 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 21A Warrant to arrest defendant who does not attend personally Sections 65, 66, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) [Full name], of [address, occupation] (hereinafter called the defen- dant), is charged with [specify].
The defendant is liable on conviction to a sentence of imprisonment and was not personally present at the hearing this day and I (we) think fit to issue a warrant to arrest him or her and bring him or her before a court) (or The offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury and, the defendant not being personally present, his or her counsel (solicitor) has at the hearing this day informed the court that the defendant does not so elect, but I (we) think fit to issue a warrant to arrest the defendant and bring him or her before a court.)
I (We) direct you to arrest the defendant and bring him or her before a District Court (or this court) as soon as possible.

Dated at: [place, date] Signature: District Court Judge (or Justice(s) of the Peace or Community Magistrate(s) or Registrar) Schedule 1 form 21A: inserted, on 1 September 1993, by regulation 2(1) of the Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).
Schedule 1 form 21A: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 21A: amended, on 1 April 1996, by regulation 2(6) of the Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26).
60 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 22 Criminal records Section 71, Summary Proceedings Act 1957 District Court: Person charged: [Set out full name and address of defendant] No: Hearing date: Prosecutor: Offence [give brief particulars] Plea: Adjourned or remand dates: Decision: Adjourned or remand dates: Signature: District Court Judge Schedule 1 form 22: replaced, on 4 June 1974, by regulation 3(1)(e) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).
Schedule 1 form 22 heading: amended, on 1 May 1977, by regulation 4(1)(d) of the Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

Schedule 1 form 22: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
61 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 23 Warrant to seize property where order for immediate payment of fine has not been complied with [Revoked] Schedule 1 form 23: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
62 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 24 Warrant of commitment where order for immediate payment of fine not complied with Section 83(2)(b), Summary Proceedings Act 1957 Warrant No: PPN: To every bailiff or constable and To the manager of [specify prison] The defendant, [defendant’s full name] of [address, occupation], was convicted of [specify] by the [place] District Court on [date] and was ordered to pay the following amounts: Reparation: $ Fine: $ Court costs: $ Other costs: $ On [date] the court ordered the defendant to pay these amounts im- mediately.
Because the defendant has failed to comply with that order, the court has directed that a warrant of commitment be issued for the impris- onment of the defendant for a period of [specify].

You, the bailiff or constable, are directed to arrest the defendant and deliver the defendant to the manager of [specify prison] unless the total amount stated below is paid before this warrant is executed.
And you, the manager, are directed to receive the defendant and im- prison the defendant for a period of [specify] or until notified by a Registrar that the total amount stated below has been paid.

Amount unpaid: $ Enforcement fee: $ Total: $ Date: Signature: District Court Judge Schedule 1 form 24: replaced, on 1 March 2008, by regulation 7(1) of the Sum- mary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
63 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 25 Warrant to seize property for unpaid fine [Revoked] Schedule 1 form 25: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 26 Attachment order for unpaid fines [Revoked] Schedule 1 form 26: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Form 27 Warrant to arrest defendant for unpaid fine [Revoked] Schedule 1 form 27: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
64 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 28 Warrant of commitment for unpaid fine Section 88AE(1)(b), Summary Proceedings Act 1957 Warrant No: PPN: To every bailiff or constable and To the manager of [specify prison] The defendant, [defendant’s full name] of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*The amounts remain unpaid.

*Delete whichever is inapplicable.


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

*This sentence is to be served at the same time as (that is, concur- rently with) the sentence of imprisonment imposed on the defendant at [place] District Court, on [date], CRN [specify].
*This sentence is to be served after (that is, cumulatively with) the sentence of imprisonment imposed on the defendant at [place] Dis- trict Court, on [date], CRN [specify].

*Delete if inapplicable.

You, the bailiff or constable, are directed to arrest the defendant and to deliver the defendant to the manager of [specify prison] unless the total amount stated below is paid before this warrant is executed.
You, the prison manager, are directed to receive the defendant and imprison the defendant for a term of [specify] or until notified by a Registrar that the total amount stated below has been paid.
Amount unpaid: $ Enforcement fee(s): $ Total: $ Date: Signature: 65 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 28—continued District Court Judge Schedule of unpaid fines CR [specify] Offence date [specify] Offence details [specify] Fine imposed [specify] Schedule 1 form 28: replaced, on 1 March 2008, by regulation 7(1) of the Sum- mary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
Schedule 1 form 28 heading: amended, on 13 February 2012, by regulation 11 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

66 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 28A Order for sentence of home detention for unpaid fine [Revoked] Schedule 1 form 28A: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Form 28B Order for sentence of community detention for unpaid fine [Revoked] Schedule 1 form 28B: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 29 Order for sentence of community service where default in payment of fine [Revoked] Schedule 1 form 29: revoked, on 30 June 2002, by regulation 7(2) of the Sum- mary Proceedings Amendment Regulations 2002 (SR 2002/182).
Form 30 Order for sentence of community work for unpaid fine [Revoked] Schedule 1 form 30: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 31 Warrant of commitment for corrective training where default in payment of fine [Revoked] Schedule 1 form 31: revoked, on 30 June 2002, by regulation 7(4) of the Sum- mary Proceedings Amendment Regulations 2002 (SR 2002/182).
67 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 31A Order for return of defendant if conditions of section 88AE(1) order not complied with Section 88AG(1), Summary Proceedings Act 1957 District Court: PPN: To every bailiff or constable The defendant, [defendant’s full name] of [address, occupation], was as a result of failing to pay his or her fine(s), ordered on [date] to comply with the following conditions: [specify conditions] If the defendant does not comply with 1 or more of these conditions, you are directed to arrest the defendant and bring the defendant be- fore a District Court Judge or Community Magistrate to determine what further action should be taken to enforce the payment of the fine(s).
Date: Signature: District Court Judge or Community Magistrate Note This order may not be executed until the defendant ceases to comply with any of the conditions of the order.

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

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

68 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 32 Notice of property other than motor vehicle seized under warrant [Revoked] Schedule 1 form 32: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Form 32A Summons to hearing of claim for seized property [Revoked] Schedule 1 form 32A: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
69 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 32AA Warrant to arrest defendant to determine defendant’s financial circumstances Section 106EA(1), Summary Proceedings Act 1957 Warrant No: District Court: PPN: To every bailiff or constable The defendant, [defendant’s full name], of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*These amounts remain unpaid.


*Delete whichever is inapplicable.

Because of this, a District Court Judge has, for the purpose of deter- mining whether to impose a sentence of home detention or issue a warrant of commitment for the non-payment of the fine(s), directed that the defendant be brought before a District Court Judge in order to assess the defendant’s financial ability to pay the total amount stated below.
Unless the total amount stated below is paid before this warrant is executed, you must arrest the defendant and bring the defendant be- fore a District Court Judge as soon as possible.
Amount unpaid: $ Enforcement fee(s): $ Total: $ Date: Signature: District Court Judge/Registrar Schedule of unpaid fines CRN [specify] Offence date [specify] Offence details [specify] Fine imposed [specify] Schedule 1 form 32AA: replaced, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).
70 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 32AA—continued Schedule 1 form 32AA heading: amended, on 13 February 2012, by regulation 13 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

71 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 32B Claim to seized property [Revoked] Schedule 1 form 32B: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Form 32BA Notice of motor vehicle seized under warrant [Revoked] Schedule 1 form 32BA: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).

Form 32BB Warrant to recover motor vehicle from creditor [Revoked] Schedule 1 form 32BB: revoked, on 13 February 2012, by regulation 14 of the Summary Proceedings Amendment Regulations 2011 (SR 2011/398).
Form 32C Warrant for seizure of a motor vehicle [Revoked] Schedule 1 form 32C: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32D Application for review of Registrar’s decision [Revoked] Schedule 1 form 32D: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 32E Warrant of commitment for non-payment [Revoked] Schedule 1 form 32E: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
72 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 32F Summons to defendant liable to corrective training, periodic detention, or community service [Revoked] Schedule 1 form 32F: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 32G Warrant to arrest defendant liable to be sentenced for non-payment of fine [Revoked] Schedule 1 form 32G: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32H Order for periodic detention [Revoked] Schedule 1 form 32H: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 32I Order for community service [Revoked] Schedule 1 form 32I: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32J Warrant of commitment for corrective training (for non-payment of fine) [Revoked] Schedule 1 form 32J: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
Form 33 Warrant of commitment for refusing to obey order other than for payment of money [Revoked] Schedule 1 form 33: revoked, on 1 November 1987, by regulation 3(2) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
73 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 34 Notice of appeal by way of case stated on a question of law only Section 107, Summary Proceedings Act 1957 No: [specify]/[year] Title of original proceedings: [specify] v [specify] Offence (or nature of complaint): Place where dealt with: Date of decision: Sentence (or order): Name and address of appellant: Name and address of respondent: 1 I, the above-named appellant, hereby give notice that I intend to appeal to the High Court by way of case stated against the above determination as being erroneous in point of law.
I have a (no) solicitor acting for me.

(His name and address are: [specify]) I (do not) wish to be granted bail.

2 3 Dated at: [place, date] Signature of appellant: To the Registrar of the District Court at [place] (This notice must be filed in duplicate.)

[Not printed] Schedule 1 form 34: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Schedule 1 form 34: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
74 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 35 Case stated on appeal from determination of District Court Section 107(3), Summary Proceedings Act 1957 In the High Court of New Zealand [specify] District [specify] Registry In the matter of an appeal from a determination of the District Court at [place] Between [full name], informant (complainant) and [full name], defendant The information (complaint) alleged that [here set out the charge or matter of complaint].
The defendant pleaded not guilty, and after hearing the parties and the evidence adduced by them, on [date], I (we) [state nature of de- cision].
The defendant (or informant or complainant) within 14 days after the determination, filed in the office of the District Court at [place] a no- tice of his intention to appeal by way of case stated for the opinion of this honourable court on a question of law only; and I (we) therefore state the following case: It was proved (or admitted) upon the hearing that [state the facts].

I (We) determined that [state grounds of determination on which ap- peal is based].
The question for the opinion of the court is whether my (our) decision was erroneous in point of law.

Signature: District Court Judge (or Justice(s) of the Peace or Community Magistrate(s)) 75 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 35—continued [Not printed] Schedule 1 form 35 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
Schedule 1 form 35: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 35: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Schedule 1 form 35: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
76 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 36 Notice of general appeal Section 116, Summary Proceedings Act 1957 No: [specify]/[year] Title of original proceedings: [specify] v [specify] Offence (or nature of complaint): Place where dealt with: Date of decision: Sentence (or order): Name and address of appellant: Name and address of respondent: 1 I, the above-named appellant, hereby give notice that I intend to appeal to the High Court against my conviction (or my sentence, or my conviction and sentence, or the order made against me, or the order made against me and the amount of the order, or the amount of the order made against me) on the grounds set out in paragraph 4 below.
I have a (no) solicitor acting for me.

(His/her name and address are: [specify]) I (do not) wish to be granted bail.

The grounds of my appeal are: [specify].

I, the above-named appellant, being the informant in the pro- ceedings referred to above, hereby give notice that I intend to appeal to the High Court against the sentence passed on the conviction of the defendant in those proceedings.

The Solicitor-General has consented to the bringing of this appeal.

The grounds of my appeal are: [specify].


I, the above-named appellant, having been ordered under sec- tion 206 of the Summary Proceedings Act 1957 to be commit- ted to prison (or to pay a fine), hereby give notice that I intend to appeal to the High Court against the order made against me.

I have a (no) solicitor acting for me.

(His/her name and address are: [specify]) I (do not) wish to be granted bail.
77 2 3 4 or 1 2 3 or 1 2 3 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 4 or 1 2 or 1 Form 36—continued The grounds of my appeal are: [specify].
I, the above-named appellant, being— *(a) the applicant for an order under section 138(2)(a) (or section 138(2)(b) or section 140) of the Criminal Justice Act 1985; or the informant in proceedings in which an application for an order under section 138(2)(a) (or section 138(2)(b) or section 140) of the Criminal Justice Act 1985 was made,— *(b) hereby give notice that I intend to appeal to the High Court against the District Court’s decision in respect of the applica- tion.
The grounds of my appeal are: [specify].
I, the above-named appellant, being the defendant (or infor- mant) in the proceedings referred to above, hereby give notice that I intend to appeal to the High Court against— *(a) *(b) *(c) the refusal to grant bail to me: the granting of bail to the defendant: the imposition of the following condition of bail: [state condition of bail imposed]: the refusal to impose the following condition of bail: [state condition of bail refused]: the variation (or revocation or substitution) of the fol- lowing condition of bail: [state condition of bail varied or revoked or substituted]: the refusal to vary (or revoke or substitute) the follow- ing condition of bail: [state condition of bail].
*(d) *(e) *(f) 2 3 I have a (no) solicitor acting for me.

(His/her name and address are: [specify]) The grounds of my appeal are: [specify].

Dated at: [place, date] Signature of appellant: 78 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 36—continued To the Registrar of the District Court at [place] (This notice must be filed in duplicate.)

*Delete if inapplicable.


Schedule 1 form 36: replaced, on 15 May 1992, by regulation 2 of the Summary Proceedings Regulations 1958, Amendment No 20 (SR 1992/70).

79 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 37 Warrant for arrest and committal of bailed appellant where he surrenders or where surety applies to be discharged [Revoked] Schedule 1 form 37: revoked, on 1 January 2001, by regulation 3 of the Sum- mary Proceedings Amendment Regulations 2000 (SR 2000/249).
80 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 38 Notice of abandonment of appeal Section 129, Summary Proceedings Act 1957 To the Registrar, High Court, [specify], and to the respondent [Full name], appellant v [Full name], respondent I, [full name], having on [date] given to the Registrar of the District Court at [place] notice of my intention to appeal to the High Court against [here state determination appealed against] hereby give you notice that I do not intend to prosecute the appeal and that I abandon all further proceedings thereon as from this date.
Dated at: [place, date] Signature: Witness to signature: [Address] [Occupation] Schedule 1 form 38: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Schedule 1 form 38: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
81 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 39 Warrant to arrest defendant who is to be proceeded against by indictment Section 150, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) On [date] an information was laid that [full name] of [address, occu- pation] (hereinafter called the defendant), at [place] on [date] [here set out alleged offence].
I direct you to arrest the defendant and bring him before a District Court as soon as possible.

Dated at: [place, date] Signature: District Court Judge (or Justice of the Peace or Community Magistrate or Registrar (not being a constable)) Schedule 1 form 39: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).
Schedule 1 form 39: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Schedule 1 form 39: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
82 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 40 Warrant to arrest defendant who does not attend committal proceedings following summons Section 151, Summary Proceedings Act 1957 To every constable/[full name], constable* *Select one.

On [date] an information was laid that [full name, address, occupa- tion], the defendant, at [place, date], [set out the alleged offence].
The defendant, having been served with a summons issued against him/her* under section 150 of the Summary Proceedings Act 1957, did not attend personally today at [time] at this court, being the time and place mentioned in the summons/being the time and place to which the committal proceedings were adjourned*.

*Select one.

I/We* direct you to arrest the defendant and bring him/her* before a District Court as soon as possible.

*Select one.
*Select one.

Date: Place: Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)*) *Select one.

Schedule 1 form 40: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
83 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 41 Depositions of witnesses for purposes of committal Sections 162 and 184D, Summary Proceedings Act 1957 In the matter of [full name] (defendant), who is charged with the offence(s) set out in the attached information(s) On [date] before the District Court at [place],— †(a) the formal written statement(s) of [full name(s) of witness(es)] was/were* received in compliance with section 162 of the Summary Proceedings Act 1957; and the oral evidence of [full name(s) of witness(es)] was recorded in writing in compliance with section 184D of the Summary Proceedings Act 1957.
†(b) *Select one.

†Select the paragraph(s) that apply.

Date: Place: Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)/Registrar*) *Select one.

Schedule 1 form 41: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
84 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 1 2 Form 42 Committal of defendant for trial or sentence Sections 160, 177, and 184G, Summary Proceedings Act 1957 On [date], [full name, address, occupation], the defendant, ap- peared before the District Court at [place] charged with the of- fence(s) set out in the attached information(s) numbered 1 to [last information number].

For this paragraph select the statement that applies.
Statement A (plea of guilty) The defendant pleaded guilty under section 160 of the Sum- mary Proceedings Act 1957 to the offence(s) set out in the in- formation(s) numbered [information number(s)].

Statement B (standard committal) The attached written statements numbered 1 to [last statement number] were admitted in evidence under section 162 of the Summary Proceedings Act 1957.

Under section 177(2) of the Summary Proceedings Act 1957, the court did not consider the evidence.
Statement C (committal hearing) For this statement select from paragraphs (a), (b), and (c) the paragraph(s) that apply.
(a) The attached written statements numbered 1 to [last statement number] were admitted in evidence under section 162 of the Summary Proceedings Act 1957 after— (i) (ii) the charge(s) were read to the defendant; and the [number] witnesses whose names are set out in their respective records of evidence gave, on oath in my/our* presence and in the presence of the defendant, the evidence set out in the attached record of evidence (the pages of which are num- bered 1 to [last page number]); and the defendant/the defendant’s counsel, [name],* was given full opportunity to cross-examine each witness, and any cross-examination is included in the record of evidence; and the evidence of each witness was read over to the witness in the presence of the defendant and (iii) (iv) 85 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 42—continued each page was then signed by the witness and by me/us*.
*Select one.

(b) (c) The information(s) numbered [information number(s)] having been amended, the amended charge was/charges were* read to the defendant immediately after all the evidence for the informant had been given.

*Select one.

The statements contained in section 184I(a) and (b) of the Summary Proceedings Act 1957 were then ad- dressed to the defendant, who answered as follows: [defendant’s answer].

For this paragraph select the statement(s) that apply.
Statement A The defendant was then committed to the High Court/District Court* at [place] for sentence on the charge(s) set out in the attached information(s) numbered [information number(s)].

*Select one.

Statement B The defendant was then committed to the High Court/District Court* at [place] for trial on the charge(s) set out in the at- tached information(s) numbered [information number(s)].

*Select one.
*Select one.

Include this paragraph if the defendant is committed for trial for any offence other than one referred to in section 361B(5) of the Crimes Act 1961.

Written notice was given to the defendant’s counsel or solici- tor, or to the defendant if he or she is not represented, of the defendant’s right under section 361B of the Crimes Act 1961 to apply for trial before a Judge without a jury.
3 4 Date: Place: 86 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 42—continued Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)/Registrar*) *Select one.

Schedule 1 form 42: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
87 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 42A Notice of right to be tried by Judge without jury Section 184S, Summary Proceedings Act 1957 and section 361B, Crimes Act 1961 (Front page) Case No: To [full name, address, occupation] (defendant) If you wish to be tried before a Judge of the High Court/District Court* without a jury, then under section 361B of the Crimes Act 1961 you may, within 28 days, give written notice to the Registrar of the High Court/District Court* at [place] to which you are commit- ted.
*Select one.

Notes 1 2 3 If you do not give notice within 28 days after you are commit- ted for trial and you wish to be tried before a Judge without a jury, you may still apply for such a trial at any time before the charges are put to a jury at the beginning of a jury trial.
The Judge will only grant your application for such a trial if— you were not given notice of your right to be tried before (a) a Judge without a jury; or there were good reasons why you did not exercise your right at the proper time; or it is in the interests of justice.

(c) If you are in doubt about your obligations or rights, consult your solicitor or the Registrar immediately.
(b) (Back page) Statement of service This notice was served by delivering a copy of it to the defendant personally at the address shown above/[address if different from that shown above]* on [date].

*Select one.

88 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 42A—continued Date: Signature: (officer of the court) Statement of receipt I acknowledge receipt of a copy of this notice.
Date: Signature: (defendant) Schedule 1 form 42A: inserted, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
89 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 43 Warrant of commitment of defendant committed for trial or for sentence Section 184T(2), Summary Proceedings Act 1957 and sections 28, 29, and 30(3), Bail Act 2000 (Front page) To every constable/[full name], constable* and To the manager of the prison at [place] *Select one.
[Full name, address], the defendant, was today committed to the High Court/District Court* at [place] for trial/sentence* under sec- tion 177/section 184G* of the Summary Proceedings Act 1957 in relation to a charge/charges* of [substance of charge(s)].

I/We* direct you, the constable(s), to deliver the defendant to the prison at [place] and you, the manager, to receive the defendant into your custody and detain him/her*— †(a) pending his/her* trial.

†(b) pending him/her* being brought up for sentence.
*Select one.

†Select the paragraph that applies.

Date: Place: Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)*) *Select one.

90 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 43—continued (Back page) Certificate of grant of bail I/We* certify that I/we* have granted bail to [full name], the defen- dant, subject to the following conditions: *Select one.
Date: Place: Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)/Registrar*) *Select one.

Memorandum for manager [Full name], the defendant, is to stand his/her* trial at the High Court/District Court* at [place] and is required to next attend that court on [date, time].

*Select one.

Date: Signature: (Registrar, [place] District Court) Schedule 1 form 43: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
91 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 43A Order for defendant’s detention in psychiatric hospital pending trial Section 184T(3), Summary Proceedings Act 1957 (Front page) To every constable/[full name], constable* and To the Superintendent of the [name] hospital *Select one.
(b) [Full name, address], the defendant, was today committed to the High Court/District Court* at [place] for trial under section 177/sec- tion 184G* of the Summary Proceedings Act 1957 in relation to a charge(s) of [substance of charges].
I am/We are* satisfied, on the production of a certificate or certificates by 2 medical practitioners, that— (a) the defendant is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992; and the defendant’s mental condition requires that, in the defen- dant’s own interest, the defendant should be detained in a hos- pital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, instead of in a prison.
I/We* have accordingly made an order for the defendant’s detention in a psychiatric hospital pending his/her* trial.

I/We* direct you, the constable(s), to deliver the defendant to the [name] hospital, and you, the Superintendent, to receive the defen- dant into your custody and to detain him/her* pending his/her* trial.

*Select one.
*Select one.

Date: Place: Signature(s): 92 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 43A—continued (District Court Judge/Justices of the Peace/Community Magis- trate(s)*) *Select one.

(Back page) Memorandum for Superintendent [Full name] is to stand his/her* trial at the High Court/District Court* at [place] and is required to next attend that court on [date, time].

*Select one.
*Select one.

Date: Signature: (Registrar, [place] District Court) Schedule 1 form 43A: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
93 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 44 Notice to other party of intention to take oral evidence of witness after defendant’s committal for trial Section 184U(5)(b), Summary Proceedings Act 1957 In the matter of the prosecution of [defendant’s name] for [nature of charge(s)] To [full name, address, occupation] This document notifies you that an order has been made by a Dis- trict Court Judge, on my application, that the oral evidence of [full name, address, occupation] is to be taken at [place, date, time].
*You are required to attend, and you or your counsel or solicitor may cross-examine the witness.

*Include this paragraph if this notice given by defendant.

Date: Place: Signature: (party giving notice) Schedule 1 form 44: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
94 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 45 Notice to witness to attend court Section 184V(3), Summary Proceedings Act 1957 CR No: To [full name, address, occupation] (witness) This document notifies you that— 1 In the event of [full name of defendant], the defendant, being committed for trial on a charge/charges* of [charge(s)], you will be required, as a witness, to attend the High Court/District Court* at [place] at the time and on the day or days that are notified to you in writing by a constable.
*Select one.

2 3 4 Once the case has begun, you are required to attend from day to day until the hearing of the case is completed or you are released earlier by the court.

If you change your address in the meantime, you must notify the Police or the Registrar of the High Court/District Court* of your new address.

*Select one.
*Select one.

If the defendant is discharged at the conclusion of the com- mittal hearing, this notice will be cancelled and a notice of cancellation will be given to you either by personal delivery or by registered letter addressed to your last-known place of residence.

Date: Place: Signature(s): (District Court Judge/Justices of the Peace/Community Magis- trate(s)/Registrar*) *Select one.
Note This notice has the same effect as if it were a summons to a witness issued out of the High Court or District Court, as the case may be.

A 95 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 45—continued person who disobeys a witness summons is punishable for contempt of court.

Schedule 1 form 45: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
96 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 45A Notice to witness of cancellation of notice to attend court Section 184V(6), Summary Proceedings Act 1957 CR No: To [full name, address, occupation] (witness) This document notifies you that— a the 1 At charge/charges* of [charge(s)], [full name of defendant], the defendant, was discharged.

*Select one.
*Select one.

committal hearing of conclusion of the 2 3 The notice requiring you to attend the High Court/District Court* at [place] is cancelled.

*Select one.

You are no longer required to attend the High Court/District Court* at [place] to give evidence on the charge(s) set out above.

*Select one.

Date: Place: Signature: (Registrar) Schedule 1 form 45A: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
97 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 46 Warrant for arrest of witness about to leave New Zealand Section 185(1), Summary Proceedings Act 1957 To every constable/[full name], constable* *Select one.

[Full name, address, occupation], the witness, has been summoned to give evidence in the case of [full name of defendant], the defendant, or has been served with a notice to attend the High Court/District Court*.

*Select one.
*Select one.

The defendant was committed to the sittings of the High Court/Dis- trict Court* at [place] starting on [date] for trial on a charge/charges* of [charge(s)].

*Select one.

I am satisfied on oath that the witness is about to leave New Zealand.

I direct you to arrest the witness and bring him/her* before a District Court Judge as soon as possible.

*Select one.

Date: Place: Signature: (District Court Judge/Justice of the Peace/Community Magistrate*) *Select one.
Schedule 1 form 46: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

98 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 47 Warrant of commitment of witness about to leave New Zealand Sections 20(4A) and 185(3), Summary Proceedings Act 1957 To every constable/[full name], constable* and To the manager of the prison at [place] *Select one.
[Full name, address, occupation], the witness, was served with a no- tice to attend the High Court/District Court* or was summoned to give evidence at the trial of [full name of defendant] who was com- mitted to the sittings of the High Court/District Court* at [place] starting on [date] for trial on a charge/charges* of [charge(s)].

*Select one.

I am satisfied that the witness is about to leave New Zealand and that the ends of justice would therefore be defeated.
I direct you, the constable(s), to deliver the witness to the prison at [place] and you, the manager, to receive the witness into your custody and to detain him/her* until the trial of [full name of defendant] unless he/she* enters into a bond in the sum of $[amount] with sureties in the sum of $[amount] each to secure his/her* attendance at the trial.

*Select one.
*Select one.

Date: Place: Signature: (District Court Judge) Schedule 1 form 47: replaced, on 29 June 2009, by regulation 12(b) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).
99 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 48 Bond for keeping the peace Section 187, Summary Proceedings Act 1957 CR No: [Full name], complainant [Full name], defendant Complaint was made by [full name of complainant] against [full name of defendant] that [here set out grounds of complaint].
On [date] an order was made by the District Court at [place] that the defendant enter into a bond as follows to keep the peace: I, [full name], of [address, occupation], the defendant, bind myself to perform the following obligations, to keep the peace towards the complainant and to refrain from doing the act feared by the com- plainant (or from repeating the conduct complained of) (or from do- ing the act threatened) for the space of [specify time] from this date.
And I, the defendant, acknowledge myself bound to forfeit to the Crown the sum of $[amount] (and I (we) [full name(s), address(es) and occupation(s)], the surety(ies), acknowledge(s) myself (our- selves) bound to forfeit to the Crown the sum of $[amount] (each)) in the event that the defendant fails to perform any of his obligations under this bond.

........................................ , defendant.

........................................ , surety (or sureties).

Taken before me at [place, date].
Signature: District Court Judge (or Justice of the Peace or Community Magistrate or Registrar) 100 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 48—continued Notice of bond Section 187(3), Summary Proceedings Act 1957 To the above-mentioned defendant and To the above-mentioned surety (sureties) Take notice that if the defendant fails to keep the peace or to perform any of his other obligations under that bond, then you, the defendant, will forfeit the sum of $[amount] (and you, the surety (sureties), will forfeit the sum of $[amount] (each)).
Dated at: [place, date] Signature: District Court Judge (or Justice of the Peace or Community Magistrate or Registrar) [Not printed] Schedule 1 form 48: replaced, on 4 June 1974, by regulation 3(1)(h) of the Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Schedule 1 form 48: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Schedule 1 form 48: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

101 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 49 Special constable’s oath [Revoked] Schedule 1 form 49: revoked, on 1 October 2008, by section 130(3) of the Policing Act 2008 (2008 No 72).
102 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 50 Search warrant Section 198, Summary Proceedings Act 1957 No: [specify]/[year] To every constable (or To [full name], constable) I am satisfied on an application in writing made on oath (or on an application made on oath orally, the grounds for which I have noted in writing) that there is reasonable ground for believing that there is (are) in [here describe building, aircraft, ship, carriage, vehicle, box, receptacle, premises, or place] the following thing(s), [here in- sert description of the things to be searched for] upon or in respect of which an offence of [state offence, being an offence punishable by imprisonment] has been or is suspected of having been committed (or which there is reasonable ground to believe will be evidence as to the commission of an offence of [state offence, being an offence punishable by imprisonment]) (or which there is reasonable ground to believe is intended to be used for the purpose of committing an offence of [state offence, being an offence punishable by imprison- ment]).
This is to authorise you at any time or times within 1 month from the date of this warrant to enter and search the said [specify] with such assistants as may be necessary, and if necessary to use force for making entry, whether by breaking open doors or otherwise, and also to break open the box (receptacle) (or any box or receptacle therein or thereon) by force if necessary; and also to seize any thing upon or in respect of which the offence has been or is suspected of having been committed (or any thing which there is reasonable ground to believe will be evidence as to the commission of the offence) (or any thing which there is reasonable ground to believe is intended to be used for the purpose of committing the offence).
Dated at: [place, date] Signature: District Court Judge (or Justice of the Peace 103 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 50—continued or Community Magistrate or Registrar (not being a constable)) Schedule 1 form 50: amended, on 1 November 1998, by regulation 13(a) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Schedule 1 form 50: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
104 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 51 Application to take evidence Sections 31 and 32, Summary Proceedings Act 1957 r 6(1) No: [specify]/[year] [Full name], informant (or complainant) [Full name], defendant I, the above-named defendant (or informant or complainant) hereby apply to the District Court at [place] for an order for the taking of the evidence of (myself and) [state full name, address, and occupation of any person whose evidence is desired to be taken] at the District Court at [place].
The grounds of my application are: Dated at: [place, date] Signature: (Solicitor for) defendant (or informant or complainant) To the Registrar of the District Court at [place] and To the above-named informant (or complainant or defendant) This application is filed by [specify], whose address for service is at [specify].

Schedule 1 form 51: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).
Schedule 1 form 51: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
105 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 52 Order for taking evidence Sections 31 and 32, Summary Proceedings Act 1957 r 8 No: [specify]/[year] (Title as in form 51) It is ordered that the evidence of (the defendant and) [name], of [specify], on behalf of the defendant (or informant or complainant), whose address for service is at [address], be taken before the District Court (or the Registrar of the District Court) at [place] (or before [name], District Court Judge) (and it is further ordered that the hear- ing of these proceedings be adjourned to [date] at [time]).
Dated at: [place, date] Signature: Registrar To the Registrar of the District Court at [place] Schedule 1 form 52: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).

Schedule 1 form 52: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
106 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 53 Notice of time and place for examination Sections 31, 32, and 182, Summary Proceedings Act 1957 r 10(1) No: [specify]/[year] (Title as in form 51) Take notice that [date] at [time], has been appointed as the time and the District Court at [place] as the place for the taking of the evidence of (the defendant and) of [specify].
Dated at: [place, date] Signature: Registrar To the above-named informant (or complainant) and To the above-named defendant and To the Registrar of the District Court at [place] Schedule 1 form 53: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).

Schedule 1 form 53: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
107 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 54 Record of oral evidence of witnesses examined other than at hearing Sections 31, 32, and 182, Summary Proceedings Act 1957 In the matter of [full name] (informant/complainant*), represented by [name of counsel] and [Full name] (defendant), represented by [name of counsel], who is charged with the offence(s) set out in the attached information(s) *Select one.
The oral evidence of [full name of witness(es)]— (a) was taken on [date] before the examining court, being the District Court at [place] presided over by [full name(s)] District Court Judge/Justices of the Peace/Community Magis- trate(s)/Registrar*; and is written on [number] separate sheets of paper numbered con- secutively 1 to [last number]; and was taken in accordance with the Summary Proceedings Regu- lations 1958 and the Summary Proceedings Act 1957.

(b) (c) *Select one.


Date: Place: Signature(s): (Examining District Court Judge/Justices of the Peace/Community Magistrate(s)/Registrar*) *Select one.
Note Each deposition must— (a) (b) (c) start with the words “This deponent on his/her oath says”; and be typewritten on separate sheets; and be signed on each page by the witness and by the Examining District Court Judge, Justices of the Peace, Community Magis- trate(s), or Registrar; and 108 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 54—continued (d) be attached securely to this form.
Schedule 1 form 54: replaced, on 29 June 2009, by regulation 12(c) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

109 Schedule 1 Summary Proceedings Regulations 1958 Form 55 Sequel to form 54 [Revoked] Reprinted as at 1 August 2012 r 13(2) Schedule 1 form 55: revoked, on 29 June 2009, by regulation 12(c) of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).
110 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 56 Certificate of non-appearance Sections 31, 32, and 182, Summary Proceedings Act 1957 r 14 No: [specify]/[year] (Title as in form 51) It is hereby certified that the order to take the evidence of (the defen- dant) and [name] was called in court this day, but the defendant (or informant or complainant) failed to appear (or to proceed with the examination).
Dated at: [place, date] Signature: Examining District Court Judge (or Justice(s) or Community Magistrate(s) or Registrar) Schedule 1 form 56: amended, on 29 June 2009, by regulation 11 of the Sum- mary Proceedings Amendment Regulations 2009 (SR 2009/131).

Schedule 1 form 56: amended, on 1 November 1998, by regulation 13(b) of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
Schedule 1 form 56: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

111 Schedule 1 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Form 57 Application to correct irregularities in proceedings for infringement offence [Revoked] Schedule 1 form 57: revoked, on 1 August 2012, by regulation 7(2) of the Sum- mary Proceedings Amendment Regulations 2012 (SR 2012/134).
Form 58 Notice of time and place for examination [Revoked] r 15H(1) Schedule 1 form 58: revoked, on 1 November 1998, by regulation 15 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

Form 59 Notice of decision on application for extension of time to pay fine [Revoked] r 15J Schedule 1 form 59: revoked, on 1 November 1998, by regulation 15 of the Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).
112 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 60 Manager’s receipt for a prisoner Summary Proceedings Act 1957 r 15N CR No: I certify that [full name of prisoner] was this day delivered by [name of bailiff or constable] into my custody in this institution, together with a warrant of commitment issued from the District Court at [place].
Signature: Manager Prison: Schedule 1 form 60: inserted, on 1 November 1987, by regulation 3(3) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Schedule 1 form 60 heading: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

Schedule 1 form 60: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
Schedule 1 form 60: amended, on 30 June 2002, by regulation 7(5) of the Sum- mary Proceedings Amendment Regulations 2002 (SR 2002/182).

113 Schedule 1 Summary Proceedings Regulations 1958 Form 61 Application (General form) Summary Proceedings Act 1957 Reprinted as at 1 August 2012 r 15P(1) CR No: To the Registrar of the District Court at [place] I, [name] of [specify] apply for [state order or other action sought].
The application is made under [state enactment and provision au- thorising order or other action sought] and relates to [describe pro- ceedings to which application relates, giving CR number if known].

The grounds for this application are [specify].

Dated at: [place, date] Signature of applicant: Schedule 1 form 61: inserted, on 1 November 1987, by regulation 3(3) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
114 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 1 Form 62 Notice of hearing of application Summary Proceedings Act 1957 r 15P(2) CR No: To [full name] of [address] Take notice (a) that an application by [state name of applicant] relating to [de- scribe proceedings] was received at this court on [date].
A copy of the application is attached to this notice: that [date] at [time], has been appointed as the time and the District Court at [place] as the place for the hearing of the application.

(b) Dated at: [place, date] Signature: Registrar Schedule 1 form 62: inserted, on 1 November 1987, by regulation 3(3) of the Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).
115 Schedule 2 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Schedule 2 Court fees Schedule 2: replaced, on 1 January 1998, by regulation 4 of the Summary Pro- ceedings Amendment Regulations 1997 (SR 1997/322).
(1) (2) Filing any information or any notice of prosecution Filing any copy of a reminder notice in respect of an infringement offence (2A) Providing particulars of a reminder notice in respect of an infringement offence where the reminder no- tice is deemed to have been filed in a court under section 21(4C) of the Act (3) Hearing any information or charge (4) Copy of proceedings or judgment (other than a copy supplied to a party to the proceedings)— (a) (b) (c) not exceeding 5 pages exceeding 5 pages but not exceeding 50 pages exceeding 50 pages but not exceeding 75 pages exceeding 75 pages (d) (5) Certified copy of entry in criminal records (6) Application for removal of disqualification or for partial exemption from disqualification under the Land Transport Act 1998 For faxing documents at the request of a party (ex- cept where documents have to be faxed for oper- ational reasons), $2 plus, per page faxed, $1 For enforcement of a fine, in accordance with regu- lation 15K (8) (7) $ 30 30 30 100 15 30 40 50 30 150 100 Note (1) Where under an enactment several offences are charged in 1 information (not being offences charged in the alternative), the fees to be taken are to be assessed as if a separate information had been laid in respect of each offence charged.
The fees prescribed by these regulations are not to be taken in proceedings under the Family Proceedings Act 1980, or in (2) 116 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 2 proceedings by way of complaint or in proceedings under Part 5 of the Summary Proceedings Act 1957.

Schedule 2 item (2): amended, on 1 July 1998, by regulation 2(a) of the Summary Pro- ceedings Amendment Regulations (No 2) 1998 (SR 1998/133).
Schedule 2 item (2A): inserted, on 1 March 2007, by regulation 9 of the Summary Pro- ceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

Schedule 2 item (6): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Schedule 2 item (6): amended, on 1 July 1998, by regulation 2 of the Summary Pro- ceedings Amendment Regulations (No 2) 1998 (SR 1998/133).
Schedule 2 item (8): inserted, on 10 October 2006, by regulation 10 of the Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

117 Schedule 3 Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Schedule 3 Traffic offences for the purposes of section 21 of the Summary Proceedings Act 1957 [Revoked] Schedule 3: revoked, on 1 May 1977, by regulation 2(1) of the Summary Pro- ceedings Regulations 1958, Amendment No 8 (SR 1977/93).
118 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Schedule 4 Regulations and orders revoked r 16 Justices of the Peace Act Fees Order 1952 (SR 1952/201) Justices of the Peace Regulations 1956 (SR 1956/164) Summary Penalties Regulations 1940 (SR 1940/89) Traffic Offences Order 1957 (SR 1957/88) T J Sherrard, Clerk of the Executive Council.

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

Date of notification in the Gazette: 20 March 1958.
119 Notes Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Summary Proceedings Regulations 1958.
The reprint incorporates all the amendments to the regu- lations as at 1 August 2012, as specified in the list of amend- ments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 120 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Notes are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 121 • • • • Notes Summary Proceedings Regulations 1958 Reprinted as at 1 August 2012 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
5 List of amendments incorporated in this reprint (most recent first) Summary Proceedings Amendment Regulations 2012 (SR 2012/134) Summary Proceedings Amendment Regulations 2011 (SR 2011/398) Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3) Summary Proceedings Amendment Regulations 2009 (SR 2009/131) Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(3) Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385) Summary Proceedings Amendment Regulations 2007 (SR 2007/294) Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396) Summary Proceedings Amendment Regulations 2006 (SR 2006/265) Corrections Act 2004 (2004 No 50): section 207 Summary Proceedings Amendment Regulations 2002 (SR 2002/182) 122 Reprinted as at 1 August 2012 Summary Proceedings Regulations 1958 Notes Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104): section 14(3) Summary Proceedings Amendment Regulations 2000 (SR 2000/249) Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450) Summary Proceedings Amendment Regulations (No 5) 1998 (SR 1998/329) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) Summary Proceedings Amendment Regulations (No 2) 1998 (SR 1998/133) Summary Proceedings Amendment Regulations 1998 (SR 1998/64) Summary Proceedings Amendment Regulations 1997 (SR 1997/322) Summary Proceedings Regulations 1958, Amendment No 26 (SR 1996/154) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252) Summary Proceedings Regulations 1958, Amendment No 21 (SR 1993/81) Summary Proceedings Regulations 1958, Amendment No 20 (SR 1992/70) Summary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211) Summary Proceedings Regulations 1958, Amendment No 13 (SR 1985/231) District Courts Amendment Act 1979 (1979 No 125): section 18(2) Judicature Amendment Act 1979 (1979 No 124): section 12 Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136) Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124): regulation 9 Summary Proceedings Regulations 1958, Amendment No 6 (SR 1970/52) Summary Proceedings Regulations 1958, Amendment No 3 (SR 1965/116) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 123