Summary Proceedings Act 1957

1:
1: This Act may be cited as the Summary Proceedings Act 1957.
2: This Act shall come into force on 1 April 1958. Section 1 heading amended 1 July 2013 section 7(1) Summary Proceedings Amendment Act (No 2) 2011
2: Interpretation
1: In this Act, unless the context otherwise requires,— adjudged bank
a: means—
i: a person carrying on in New Zealand the business of banking; and
ii: a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982
iii: a building society within the meaning of the Building Societies Act 1965
b: does not include the Reserve Bank of New Zealand continued under the Reserve Bank of New Zealand Act 2021 benefit
a: means a benefit as defined in Schedule 2
b: does not include—
i: an orphan’s benefit under section 43
ii: an unsupported child’s benefit under section 46
iii: a winter energy payment under section 72
iv: a child disability allowance payable under section 78
v: a disability allowance payable under section 85
vi: a special benefit continued under section 23 clause 19
vii: temporary additional support under section 96 constable section 4 conviction convicted court District Court Act 2016 Crown organisation section 4 defendant
a: in relation to an infringement offence for which an infringement notice has been issued, any person served with a reminder notice in respect of the offence, or any person who gives notice requesting a hearing in respect of the offence, pursuant to section 21
b: a Crown organisation, if proceedings are brought against that organisation for an offence referred to in section 6 informant infringement fee infringement notice
a:
b: section 14
baa: section 514
ba: section 207Z
c: section 32A
ca: section 57C
d: section 58
da: section 129
e: section 159 section 159A
ea: section 112
f: section 66
fa: section 165B
fb: section 40D
g: section 139
ga: section 104D
h: section 260A
ha: section 105C
hb: section 400
hc: section 276
i: section 162
ia: section 51X
ib: section 27E
ic: section 21D
id: section 71K
ie: section 105L
if: section 50E
ig: section 31I
ih: section 70W
j: section 357 jaa section 235A
ja: section 74
jb: section 138
jba: section 82
jc: section 153
jca: section 219
jd: section 125B
je: section 96B
jea: section 126C
jf: section 30Q
jg: section 20D 89
jga: section 97
jh: section 30
ji: section 70
jj: section 27
k: any provision of any other Act providing for the use of the infringement notice procedure under section 21 infringement offence Police employee section 4 Registrar
2: Section 2(1) bank inserted 1 November 1998 section 2 Summary Proceedings Amendment Act (No 3) 1998 Section 2(1) bank amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 2(1) benefit replaced 26 November 2018 section 459 Social Security Act 2018 Section 2(1) committal for trial repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) constable replaced 1 October 2008 section 130(1) Policing Act 2008 Section 2(1) court replaced 1 March 2017 section 261 District Court Act 2016 Section 2(1) court nearest to the committing court repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) Crown organisation inserted 18 October 2002 section 29(1) Crown Organisations (Criminal Liability) Act 2002 Section 2(1) defendant replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) indictable offence repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) informant replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) infringement fee inserted 1 November 1987 section 2(3) Summary Proceedings Amendment Act 1987 Section 2(1) infringement notice replaced 1 July 1996 section 79 Dog Control Act 1996 Section 2(1) infringement notice repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement notice inserted 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) infringement notice replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) infringement notice inserted 4 May 2010 section 18 Gas Amendment Act 2006 Section 2(1) infringement notice inserted 1 April 2010 section 185 Plumbers, Gasfitters, and Drainlayers Act 2006 Section 2(1) infringement notice replaced 7 May 1999 section 6 Biosecurity Amendment Act 1999 Section 2(1) infringement notice inserted 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) infringement notice replaced 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement notice replaced 1 April 2010 section 43 Electricity Amendment Act 2006 Section 2(1) infringement notice replaced 17 June 2014 section 30 Fair Trading Amendment Act 2013 Section 2(1) infringement notice replaced 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement notice inserted 2 December 2021 section 29 Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 Section 2(1) infringement notice inserted 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement notice inserted 6 June 2015 section 82 Credit Contracts and Consumer Finance Amendment Act 2014 Section 2(1) infringement notice inserted 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) infringement notice inserted 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 2(1) infringement notice inserted 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 21 December 2018 section 72 Conservation (Infringement System) Act 2018 Section 2(1) infringement notice inserted 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement notice inserted 1 April 2016 section 39 Employment Relations Amendment Act 2016 Section 2(1) infringement notice inserted 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 2(1) infringement notice inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) infringement notice inserted 21 December 2017 section 91(2) Outer Space and High-altitude Activities Act 2017 Section 2(1) infringement notice inserted 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 2(1) infringement notice inserted 2 March 2018 section 253(3) Food Safety Law Reform Act 2018 Section 2(1) infringement notice inserted 2 March 2018 section 253(3) Food Safety Law Reform Act 2018 Section 2(1) infringement notice inserted 2 March 2018 section 253(3) Food Safety Law Reform Act 2018 Section 2(1) infringement notice inserted 11 February 2021 section 82 Residential Tenancies Amendment Act 2020 Section 2(1) infringement notice inserted 23 June 2020 section 279 Climate Change Response (Emissions Trading Reform) Amendment Act 2020 Section 2(1) infringement notice inserted 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 2(1) infringement notice amended 28 November 2021 section 11(2) Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 Section 2(1) infringement notice inserted 6 April 2023 section 166(2) Organic Products and Production Act 2023 Section 2(1) infringement notice inserted 20 November 2021 section 30 COVID-19 Public Health Response Amendment Act 2021 Section 2(1) infringement notice inserted 1 September 2022 section 106 Data and Statistics Act 2022 Section 2(1) infringement notice inserted 7 June 2023 section 58 Self-contained Motor Vehicles Legislation Act 2023 Section 2(1) infringement notice inserted 9 October 2006 section 4 Summary Proceedings Amendment Act 2006 Section 2(1) infringement offence inserted 1 November 1987 section 2(3) Summary Proceedings Amendment Act 1987 Section 2(1) medical practitioner repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) minor traffic offence repealed 1 November 1987 section 2(4) Summary Proceedings Amendment Act 1987 Section 2(1) Police employee inserted 13 February 2012 section 4 Summary Proceedings Amendment Act 2011 Section 2(1) representative repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) sentenced to detention repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) summary offence repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(1) trial Judge repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 2(2) repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 14 November 2018 section 50 Courts Matters Act 2018
3: Application of certain provisions of Crimes Act 1961
Section 3 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
1: Criminal jurisdiction of
District Court Part 1 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
4: Summary criminal jurisdiction of court
Section 4 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
5: Jurisdiction in relation to committal for indictable offences
Section 5 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
6: Summary jurisdiction in respect of indictable offences
Section 6 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
7: Maximum penalty on summary conviction for indictable offence
Section 7 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
8: Other jurisdictions and powers not affected
Section 8 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9: Jurisdiction of District Court Judges in respect of summary offences
Section 9 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9A: Jurisdiction of Justices in respect of summary offences
Section 9A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9B: Jurisdiction of Community Magistrates in respect of summary offences
Section 9B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9C: Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences
Section 9C repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9D: Power to impose penalties provided for in Land Transport Act 1998
Section 9D repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9E: Ancillary powers under Criminal Justice Act 1985
, Sentencing Act 2002, , and Criminal Procedure Act 2011 Section 9E repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9F: Power of Community Magistrates to decline jurisdiction
Section 9F repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
9G: Power to transfer matter to court presided over by District Court Judge
Section 9G repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
10: Jurisdiction in respect of fugitive offenders
Section 10 repealed 1 September 1999 section 111 Extradition Act 1999
2: Procedure for infringement offences
Part 2 heading replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
11: Application of this Part
Section 11 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
12: Commencement of proceedings
Section 12 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Information Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
13: Any person may lay an information
Section 13 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
14: Time for laying information
Section 14 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
15: Information to be in prescribed form and upon oath
Section 15 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
16: Information to be for 1 offence only
Section 16 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
17: Information to contain sufficient particulars
Section 17 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
17A: Certain informations to disclose range of penalties
Section 17A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
18: Information to be filed in nearest court
Section 18 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Summons and warrant Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
19: Issue of summons or warrant to arrest defendant
Section 19 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
19A: Summons following arrest
Section 19A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
19B: Summons following evidential breath test
Section 19B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
20: Issue of summons or warrant for attendance of witness
Section 20 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
20A: Summary procedure for minor offences
Section 20A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
21: Procedure
1: Proceedings in respect of an infringement offence may be commenced—
a: with the leave of a District Court Judge or a Registrar, by filing a charging document under the Criminal Procedure Act 2011
b: where an infringement notice has been issued in respect of the offence, by providing particulars of a reminder notice in accordance with subsections (4) and (4A), or by filing a notice of hearing in a court
2: Where—
a: an infringement notice has been issued in respect of an infringement offence; and
b: on the expiration of 28 days from the date of service of the notice, or a copy of the notice,—
i: the infringement fee for the offence has not been paid to the informant by a payment method
ii: the informant has not received, at the address specified in the infringement notice, the informant may serve on the person or one of the persons served with the infringement notice, or a copy of the infringement notice, a reminder notice that contains
2AA: The reminder notice referred to in subsection (2) and subsection (3C) must,—
a: if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or
b: if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.
2A: For the purposes of this section, a reminder notice that is in a form prescribed under any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations
3: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—
a: a reminder notice has been served under subsection (2); and
b: on the expiration of 28 days from the date of service of that notice,—
i: the infringement fee for the offence has not been paid to the informant by a payment method
ii: the informant has not received, at the address specified in the infringement notice,
3A: If—
a: the informant has not provided particulars of a reminder notice under subsection (3), in accordance with subsections (4) and (4A)
b: the informant has instituted the necessary management and accounting systems to allow the infringement fee to be paid the informant may, but is not required to, enter into an arrangement allowing the infringement fee to be paid
3B: An arrangement under subsection (3A) must—
a: be entered into before the close of the date that is 6 months from the time when the infringement offence is alleged to have been committed; and
b: be completed before the close of the date that is 12 months from the time when the infringement offence is alleged to have been committed.
3C: If the informant has entered into an arrangement under subsection (3A), and default is made in the payment of any instalment, the informant may,—
a: despite subsection (3B)﻿(a), enter into another arrangement under subsection (3A) allowing the infringement fee to be paid
b: serve on the defendant or 1 of the defendants served with the infringement notice, or a copy of the infringement notice, a reminder notice in the prescribed form containing the same or substantially the same particulars as the infringement notice.
3D: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—
a: a reminder notice has been served under subsection (3C)﻿(b); and
b: on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant by a payment method
4: For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A), the particulars of a reminder notice
a: the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and
b: any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and
c: any other particulars that may be prescribed.
4A: The particulars described in subsection (4)—
a: must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and
b: once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a court in relation to its judicial functions.
4B: Particulars of a reminder notice provided under subsection (3) or subsection (3D), and in accordance with subsection (4A), must be verified by the Ministry of Justice to ensure they contain the particulars described in subsection (4)﻿(a) and (b), in accordance with a procedure approved by the chief executive of the Ministry of Justice.
4C: When particulars of a reminder notice provided under subsection (3) or subsection (3D) are verified under subsection (4B) as containing the particulars described in subsection (4)﻿(a) and (b), the reminder notice is deemed to have been filed in the court appointed for the exercise of the criminal jurisdiction which is the nearest by the most practicable route to the place where the offence was alleged to have been committed.
5: If,—
a: under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is alleged to have been committed; and
b: those particulars are verified under subsection (4B),— then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of a charge
5A: If,—
a: under subsection (3D), particulars of a reminder notice are provided before the close of the date that is 12 months after the date on which the infringement offence is alleged to have been committed; and
b: those particulars are verified under subsection (4B),— then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of a charge
5AB: An order under subsection (5) or subsection (5A) is deemed to have been made on the date that the relevant reminder notice is deemed to have been filed under subsection (4C).
5B: If the informant has entered into an arrangement under subsection (3A) or subsection (3C)﻿(a), no defendant may give notice requesting a hearing in respect of the infringement offence to which the arrangement applies.
6: A notice requesting a hearing in respect of an infringement offence must—
a: be in writing signed by the person or one of the persons served with the infringement notice in respect of the offence, or a copy of the infringement notice; and
b: be delivered to the informant at the address specified in the infringement notice before or within 28 days after service of a reminder notice in respect of the offence, or within such further time as the informant may allow.
7: A person giving notice requesting a hearing in respect of an infringement offence may, if the person thinks fit, in that notice—
a: admit liability in respect of the offence; and
b: make any submissions as to penalty or otherwise that the defendant would wish to be considered by a court hearing proceedings in respect of the offence.
8: Where a notice requesting a hearing in respect of an infringement offence is given in accordance with this section, the following provisions shall apply:
a: the informant shall, if it is proposed that proceedings be commenced in respect of the offence, file in a court a notice of hearing in the prescribed form:
b: where the defendant does not, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall serve on the defendant a copy of the notice of hearing filed pursuant to paragraph (a):
c: where the defendant does, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall file that notice in the court in which the notice of hearing is filed:
d: if a notice of hearing is filed in a court within 6 months from the time when the offence is alleged to have been committed,—
i: the Criminal Procedure Act 2011 Costs in Criminal Cases Act 1967
ii: the notice of hearing is to be treated as if it were a charging document:
iii: a copy of the notice served on the defendant under paragraph (b) is to be treated as if it were a summons to the defendant:
iv: a notice of the defendant filed in the court under paragraph (c) is to be treated as if it were a notice of the defendant pleading guilty to the offence under section 38(1)
A: section 38(2)
B: despite sections 117 118
9: Where a defendant is found guilty of, or pleads guilty to, an infringement offence for which an infringement notice has been issued, the court shall order the defendant to pay costs of the prescribed amount in addition to the fine (if any) and other costs (if any) ordered by the court.
10: In any proceedings for an infringement offence for which an infringement notice has been issued—
a: it shall be a defence if the defendant proves that the infringement fee for the offence has been paid to the informant by a payment method
b: it shall not be a defence that the infringement fee for the offence has been paid otherwise than as referred to in paragraph (a).
11: Where an infringement fee is paid to the informant by a payment method
12: In any proceedings for an infringement offence for which an infringement notice has been issued it shall be presumed, unless the contrary is proved, that—
a: the infringement notice in respect of the offence has been duly issued, and the notice, or a copy of the notice, has been served on the defendant:
b: any reminder notice or copy of a notice of hearing required to have been served on the defendant has been duly served:
c: the infringement fee for the offence has not been paid as required under this section.
13: If the informant has entered into an arrangement under subsection (3A) or subsection (3C)﻿(a), and default is made in the payment of any instalment, proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid. Section 21 replaced 1 November 1987 section 5 Summary Proceedings Amendment Act 1987 Section 21 heading amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 21(1)﻿(a) replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 21(1)﻿(b) amended 1 March 2007 section 6(1) Summary Proceedings Amendment Act 2006 Section 21(2) amended 9 October 2006 section 5(1) Summary Proceedings Amendment Act 2006 Section 21(2)﻿(b)﻿(i) amended 24 October 2019 section 153(1) Statutes Amendment Act 2019 Section 21(2)﻿(b)﻿(ii) amended 24 October 2019 section 153(2) Statutes Amendment Act 2019 Section 21(2AA) inserted 9 October 2006 section 5(2) Summary Proceedings Amendment Act 2006 Section 21(2A) inserted 1 March 1999 section 215(1) Land Transport Act 1998 Section 21(2A) amended 9 October 2006 section 5(3) Summary Proceedings Amendment Act 2006 Section 21(3) replaced 1 March 2007 section 6(2) Summary Proceedings Amendment Act 2006 Section 21(3)﻿(b)﻿(i) amended 24 October 2019 section 153(3) Statutes Amendment Act 2019 Section 21(3)﻿(b)﻿(ii) amended 24 October 2019 section 153(4) Statutes Amendment Act 2019 Section 21(3A) inserted 1 November 1998 section 3(1) Summary Proceedings Amendment Act (No 3) 1998 Section 21(3A) amended 1 August 2012 section 5(1) Summary Proceedings Amendment Act 2011 Section 21(3A)﻿(a) amended 1 March 2007 section 6(3) Summary Proceedings Amendment Act 2006 Section 21(3A)﻿(b) amended 1 August 2012 section 5(1) Summary Proceedings Amendment Act 2011 Section 21(3B) inserted 1 November 1998 section 3(1) Summary Proceedings Amendment Act (No 3) 1998 Section 21(3C) inserted 1 November 1998 section 3(1) Summary Proceedings Amendment Act (No 3) 1998 Section 21(3C)﻿(a) amended 1 August 2012 section 5(2) Summary Proceedings Amendment Act 2011 Section 21(3D) replaced 1 March 2007 section 6(4) Summary Proceedings Amendment Act 2006 Section 21(3D)﻿(b) amended 24 October 2019 section 153(5) Statutes Amendment Act 2019 Section 21(4) replaced 1 March 2007 section 6(5) Summary Proceedings Amendment Act 2006 Section 21(4A) inserted 1 March 2007 section 6(5) Summary Proceedings Amendment Act 2006 Section 21(4B) inserted 1 March 2007 section 6(5) Summary Proceedings Amendment Act 2006 Section 21(4C) inserted 1 March 2007 section 6(5) Summary Proceedings Amendment Act 2006 Section 21(5) replaced 1 August 2012 section 5(3) Summary Proceedings Amendment Act 2011 Section 21(5) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 21(5A) replaced 1 August 2012 section 5(3) Summary Proceedings Amendment Act 2011 Section 21(5A) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 21(5AB) inserted 1 March 2007 section 6(5) Summary Proceedings Amendment Act 2006 Section 21(5B) inserted 1 November 1998 section 3(2) Summary Proceedings Amendment Act (No 3) 1998 Section 21(8)﻿(d) replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 21(8)﻿(d)﻿(iv) replaced 24 October 2019 section 153(6) Statutes Amendment Act 2019 Section 21(10)﻿(a) amended 24 October 2019 section 153(7) Statutes Amendment Act 2019 Section 21(11) amended 24 October 2019 section 153(8) Statutes Amendment Act 2019 Section 21(13) inserted 1 November 1998 section 3(3) Summary Proceedings Amendment Act (No 3) 1998
21A: Evidence of particulars of reminder notice deemed to have been filed in court by electronic means
In any proceedings, a computer printout of the particulars of a reminder notice deemed to have been filed in a court under section 21(4C)
a: those particulars having been provided and verified in accordance with section 21
b: the reminder notice deemed to have been filed in a court and the order deemed to have been made as a consequence. Section 21A inserted 1 March 2007 section 7 Summary Proceedings Amendment Act 2006
21B: Requirements for infringement notices regarding payment method
If an Act provides that an infringement notice or a reminder notice must contain an address or a place at which an infringement fee may be paid, that requirement is, and always has been, satisfied if the infringement notice—
a: specifies 1 or more methods (whether at a physical place or by post or electronic or other means) by which an infringement fee may be paid; or
b: provides for the informant or other person who is entitled to issue the notice to specify in the notice the method or methods (whether at a physical place or by post or electronic or other means) by which an infringement fee may be paid. Section 21B inserted 24 October 2019 section 154 Statutes Amendment Act 2019
22: To whom warrant to be directed and power of person executing warrant to enter premises
Section 22 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
23: Withdrawal of warrant
Section 23 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Service of documents
23A: Service of documents under this Part
1: Sections 24 28 29
2: In this section and in sections 24 28 29 document
a: a reminder notice; or
b: a notice of hearing. Section 23A replaced 14 November 2018 section 51 Courts Matters Act 2018
24: Ways documents may be served
1: If, under this Part, an informant is required to serve a document on a defendant, the requirement may be met by the informant—
a: delivering the document to the defendant or, if the defendant refuses to accept it, bringing it to the defendant’s notice; or
b: leaving the document for the defendant at the defendant’s place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving the document for the defendant at the defendant’s place of business or place of work with another person; or
d: sending the document to the defendant by prepaid post addressed to the defendant’s last known place of residence or place of business or work; or
e: sending the document in electronic form to the defendant’s electronic address in any case where the defendant does not have a known place of residence or business in New Zealand; or
f: complying with a means of service prescribed by rules or regulations made under section 212(2)﻿(f)
2: However, a District Court Judge, a Justice, a Community Magistrate, or the Registrar may, if he or she thinks fit, direct that a document be served in accordance with subsection (1)﻿(a).
3: For defendants to whom section 28 applies, subsection (1) is modified to the extent provided by that section. Section 24 replaced 14 November 2018 section 51 Courts Matters Act 2018
25: Who may serve documents on defendant
Section 25 repealed 14 November 2018 section 52 Courts Matters Act 2018
26: Mode of service of documents on person other than defendant
Section 26 repealed 14 November 2018 section 52 Courts Matters Act 2018
27: Who may serve documents on person other than defendant
Section 27 repealed 14 November 2018 section 52 Courts Matters Act 2018
28: Service provisions modified in special cases
1: If a document is served in accordance with this section, it is, for the purposes of section 24
2: If the defendant is a body corporate or a Crown organisation, a document may be served—
a: by being sent, in accordance with section 24(1)﻿(d) or (e)
b: by being delivered to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or by bringing it to the officer’s notice or the employee’s notice if that person refuses to accept it.
3: If a lawyer has authenticated a memorandum stating that the lawyer is authorised to accept service of a document on behalf of the defendant, the document may be served on the lawyer in any way authorised by section 24
4: In addition to the ways of service authorised by section 24
a: in the case of a defendant who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:
b: in the case of a defendant who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the defendant belongs:
c: in the case of a defendant who is a prisoner, the manager or any other officer apparently in charge of the prison. Section 28 replaced 14 November 2018 section 53 Courts Matters Act 2018
29: Proof of service of documents
1: Service of a document by an informant may be proved by an endorsement on a copy of the document showing the fact, date, time, and mode of service.
2: An endorsement under subsection (1) must be signed by the person who served the document.
3: A person who wilfully endorses a false statement on a copy of a document commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000, or to both.
4: If a document is sent by prepaid post, then, unless the contrary is shown, the document is to be treated as having been served on the 5th working day after the date on which the document was posted, and, in proving service, it is sufficient to prove that the letter concerned was properly addressed and posted.
5: If a document is sent in electronic form, then, unless the contrary is shown, the document is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the document's originator, and, in proving service, it is sufficient to prove that the document concerned was properly addressed and sent.
6: In this section, information system Section 29 replaced 14 November 2018 section 53 Courts Matters Act 2018 Use of Māori language Heading inserted 14 November 2018 section 54 Courts Matters Act 2018
30: Translation of documents into Maori language
Where a document is served on any person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993 any rules Criminal Procedure Act 2011 1927 No 37 s 265; 1952 No 44 s 23 Section 30 amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 30 amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Special provisions for taking evidence Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
31: Order for taking evidence of defence witness at a distance
Section 31 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
32: Order for taking evidence of person about to leave country
Section 32 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
33: Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence
Section 33 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 General provisions as to hearing Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
34: Place of hearing of information
Section 34 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
35: Power to clear court and forbid report of proceedings
Section 35 repealed 1 October 1985 section 150(1) Criminal Justice Act 1985
36: Withdrawal of information by informant
Section 36 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
37: Who may conduct proceedings
Section 37 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
38: Court may issue warrant for appearance of witness
Section 38 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
39: Witness refusing to give evidence may be imprisoned
Section 39 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
40: Witnesses at the hearing
Section 40 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
41: Right to plead guilty by notice to Registrar
Section 41 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
41A: Registrar may receive not guilty pleas
Section 41A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
42: Plea of guilty may be withdrawn by leave of court
Section 42 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
43: Amendment of information where defendant appears
Section 43 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
43A: Amendment of information to correct particulars of defendant
Section 43A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
44: Power of court to decline summary jurisdiction
Section 44 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
44A: Power of court to decline summary jurisdiction in case of certain summary offences
Section 44A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Adjournments and bail Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
45: Power to adjourn
Section 45 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
45A: Power of Registrar to adjourn
Section 45A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
46: Dealing with defendant on adjournment
Section 46 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
46A: Registrar may prohibit publication of names
Section 46A repealed 5 March 2012 section 393 Criminal Procedure Act 2011
46AB: Application of section 45 during epidemic
Section 46AB repealed 29 June 2009 section 6 Summary Proceedings Amendment Act (No 2) 2008
46AC: Application of section 46 during epidemic
Section 46AC repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
47: Warrant for detention of defendant remanded in custody
Section 47 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
48: Defendant, if bailable as of right, to be brought before court on request
Section 48 repealed 1 January 2001 section 74(2) Bail Act 2000
49: Conditions of bail
Section 49 repealed 1 January 2001 section 74(2) Bail Act 2000
49A: Variation of conditions of bail
Section 49A repealed 1 August 1987 Summary Proceedings Amendment Act (No 2) 1987
50: Release of defendant granted bail
Section 50 repealed 1 January 2001 section 74(2) Bail Act 2000
50A: Variation of conditions of bail
Section 50A repealed 1 January 2001 section 74(2) Bail Act 2000
51: Defendant may be admitted to bail by constable in certain cases
Section 51 repealed 1 January 2001 section 74(2) Bail Act 2000
52: Mode of taking bail bond by constable
Section 52 repealed 1 January 2001 section 74(2) Bail Act 2000
53: Defendant on bail may be arrested without warrant in certain circumstances
Section 53 repealed 1 January 2001 section 74(2) Bail Act 2000
54: Failure to answer bail
Section 54 repealed 1 January 2001 section 74(2) Bail Act 2000
55: Arrest of defendant who does not attend hearing
Section 55 repealed 1 January 2001 section 74(2) Bail Act 2000
56: Effect on bond of attendance or non-attendance of person bailed by constable
Section 56 repealed 1 January 2001 section 74(2) Bail Act 2000
57: Certification of non-performance of condition of bail bond
Section 57 repealed 1 January 2001 section 74(2) Bail Act 2000
58: Estreat of bail bond
Section 58 repealed 1 August 1987 Summary Proceedings Amendment Act (No 2) 1987
59: Defendant in custody may be brought up before expiry of period of adjournment
Section 59 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Procedure at hearing Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
60: Evidence to be given on oath
Section 60 repealed 1 August 2007 section 215 Evidence Act 2006
61: Powers of court when defendant does not appear
Section 61 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
61A: Powers of Registrar to adjourn hearing or issue warrant to arrest defendant
Section 61A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
62: Powers of court when informant does not appear
Section 62 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
63: Powers of court when neither party appears
Section 63 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
64: Dismissal for want of prosecution not to operate as bar to other proceedings
Section 64 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
65: Court to proceed when both parties appear
Section 65 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
66: Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
Section 66 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
66A: Registrar may receive elections
Section 66A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
67: Conduct of hearing
Section 67 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
67A: Identification evidence
Section 67A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
68: Decision of court
Section 68 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
69: Procedure where defendant liable to greater penalty because of previous convictions
Section 69 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
69AA: Further provisions relating to previous convictions
Section 69AA repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
69A: Proof of previous convictions
Section 69A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
70: Order for restitution of stolen property or payment of its value
Section 70 repealed 1 January 1962 Summary Proceedings Amendment Act 1961
71: Criminal Records
Section 71 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Costs and witnesses' expenses Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
72: Costs
Section 72 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
73: Witnesses' expenses
Section 73 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Complaints Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
74: Provisions of this Part to apply to complaints
Section 74 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Rehearings Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
75: District Court Judge or Registrar or Community Magistrate Section 75 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Miscellaneous Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
76: Proceedings against parties to offences
Section 76 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
77: Power of the court to amend defective sentences
Section 77 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
77A: Stay of proceedings
Section 77A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
78: Court may state case for opinion of
High Court Section 78 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
78A: Conviction not to be recorded for infringement offences
Section 78A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
78B: Power to correct irregularities in proceedings for infringement offences
1: This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21
a: a District Court Judge or Registrar, on the application of the defendant, is satisfied on the basis of information provided with the application
i: the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or
ii: the defendant (not being a defendant who, under section 78C(1) or (3) section 21
iia: the defendant did not in fact receive a copy of the notice of hearing required to have been served on the defendant under section 21
iii: some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or
iv: the defendant believed on reasonable grounds that he or she had requested a hearing under section 21
v: the defendant reasonably believed that he or she had been advised by the informant that action would not be taken under section 21(3)
vi: the defendant reasonably believed that he or she had been advised by the informant that further time for requesting a hearing would be allowed under section 21(6)﻿(b)
vii: the defendant—
A: had, in writing, requested further relevant information from the informant in relation to the infringement offence; and
B: had made the request within a time that would reasonably enable the informant to respond before the earliest time at which the informant would be entitled to take action under section 21(3)
C: believed on reasonable grounds that the informant had not refused to provide the requested information and that action would not be taken under section 21(3)
D: was not provided with the information before action was taken under section 21(3)
viii: the defendant paid the infringement fee to the informant by a payment method
b: the informant applies to a District Court Judge or Registrar to withdraw the reminder notice filed or deemed to have been filed under section 21
1A: No more than 1 application, made in reliance on the ground stated in subsection (1)﻿(a)﻿(ii), may be granted in respect of the same defendant for the same infringement offence.
1B: An application under subsection (1) may be made—
a: in writing in a form approved under section 209A
b: electronically in a manner approved by the chief executive of the Ministry of Justice.
1C: An application under subsection (1) may be—
a: made to any court; and
b: considered in another court besides the one to which it is made.
2: The Judge or, subject to subsections (3) and (4), the Registrar may do 1 or more of the following:
a: authorise the informant to serve a reminder notice on a person other than the defendant (being a person to whom the infringement notice was issued or on whom it was deemed to have been served):
b: authorise the informant to serve on the defendant another copy of the reminder notice or the notice of hearing and, for that purpose, require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:
c: grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing immediately if both parties agree,
d: set aside or modify the order:
e: make any other order as to costs or otherwise that the Judge or Registrar considers appropriate in the circumstances.
3: If a Registrar considering an application under subsection (1)﻿(a) is satisfied that any of subparagraphs (i) or (iv) to (vii) of subsection (1)﻿(a) apply, the Registrar must not exercise the power conferred by subsection (2)﻿(a) or (b) except with the consent of the informant.
4: A Registrar may not exercise the power conferred by subsection (2)﻿(d) except where the application is made under subsection (1)﻿(a)﻿(viii) or (1)﻿(b).
4A: A Judge or Registrar must deal with an application under subsection (1) on the papers unless the Judge or Registrar considers that a hearing is necessary.
4B: While an application under subsection (1) is pending,—
a: no warrant, order, or notice may be issued or take effect to enforce the order to which that application relates; and
b: the Registrar must take appropriate steps to ensure that the order is not acted on.
4C: Despite subsection (4B), if, before an application under subsection (1) is made, any property has been seized under a warrant to seize property to enforce the order to which that application relates,—
a: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3)
b: if the seized property has been sold but the proceeds of sale have not been applied in accordance with section 100N 100R
4D: If the order to which the application relates continues in effect after the application is determined or is discontinued, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
4E: If, on the determination of the application, the order is set aside or ceases to have effect in accordance with subsection (5), the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (4C)﻿(a); or
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (4C)﻿(b); and
b: is not liable for any fees and costs payable under an enactment in respect of the property.
4F: In any case where a Judge or Registrar gives a direction authorising the service of a reminder notice or a copy of a reminder notice under subsection (2)﻿(a) or (b) (a new reminder notice
a: section 21(3)﻿(b), (3D)﻿(b), and (10)﻿(a)
b: section 21(3B), (5)﻿(a), (5A)﻿(a), and (8)﻿(d)
4G: If, under subsection (2)﻿(b), a Judge or Registrar authorises the informant to serve on the defendant a new reminder notice, the defendant may not give notice requesting a hearing in respect of the infringement offence to which the notice relates if the Registrar is satisfied that the notice was filed following the defendant's default in paying 1 or more instalments under an arrangement entered into under section 21(3A) or (3C)﻿(a)
4H: If, under subsection (2)﻿(d), an order is set aside following an application made by the informant under subsection (1)﻿(b), the setting aside is not a bar to any other proceedings in the same matter.
5: If a Judge or Registrar exercises a power under subsection (2)﻿(a), (b), or (c), the order made or deemed to have been made against the defendant ceases to have effect and the Registrar must take appropriate steps to ensure that the order is not acted on.
6: If a defendant granted a hearing or rehearing under this section does not appear, the court may, if it thinks fit, without hearing or rehearing the matter, direct that the original order be restored. Section 78B replaced 9 October 2006 section 9 Summary Proceedings Amendment Act 2006 Section 78B(1)﻿(a) amended 1 August 2012 section 8(1) Summary Proceedings Amendment Act 2011 Section 78B(1)﻿(a)﻿(ii) replaced 1 August 2012 section 8(2) Summary Proceedings Amendment Act 2011 Section 78B(1)﻿(a)﻿(iia) inserted 1 August 2012 section 8(2) Summary Proceedings Amendment Act 2011 Section 78B(1)﻿(a)﻿(viii) inserted 1 August 2012 section 8(3) Summary Proceedings Amendment Act 2011 Section 78B(1)﻿(a)﻿(viii) amended 24 October 2019 section 155 Statutes Amendment Act 2019 Section 78B(1A) inserted 1 August 2012 section 8(4) Summary Proceedings Amendment Act 2011 Section 78B(1B) inserted 1 August 2012 section 8(4) Summary Proceedings Amendment Act 2011 Section 78B(1C) inserted 1 August 2012 section 8(4) Summary Proceedings Amendment Act 2011 Section 78B(2)﻿(c) amended 1 August 2012 section 8(5) Summary Proceedings Amendment Act 2011 Section 78B(4) replaced 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4A) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4B) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4C) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4D) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4E) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4F) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4G) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011 Section 78B(4H) inserted 1 August 2012 section 8(6) Summary Proceedings Amendment Act 2011
78C: Certain defendants ineligible to rely on non-receipt of reminder notice
1: A defendant is not eligible to rely, under section 78B(1)﻿(a)﻿(ii)
2: However, even though a defendant has been personally served with an infringement notice relating to an infringement offence, subsection (1) does not apply to the defendant if the defendant—
a: has entered into an arrangement, under section 21(3A) or (3C)﻿(a)
b: following a default in the payment of 1 or more instalments under that arrangement, has been served by ordinary post with a reminder notice in respect of that infringement offence.
3: In the case of an infringement notice issued for an owner liability offence, the defendant is not eligible to rely on the ground stated in section 78B(1)﻿(a)﻿(ii) Part 17
4: The Registrar must be satisfied of the matters referred to in subsection (3) on the basis of documentary evidence of a kind approved by the Registrar.
5: In this section, owner liability offence section 133 133A Section 78C inserted 1 August 2012 section 9 Summary Proceedings Amendment Act 2011 Section 78C(5) amended 26 March 2015 section 5 Summary Proceedings Amendment Act 2015
3: Enforcement of fines
Part 3 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987
79: Interpretation
1: In this Part, unless the context otherwise requires,— amount of reparation reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under an order of reparation chief executive default balance employer fine
a: includes any amount of money, or any part of an amount of money, that a person is obliged to pay under a sentence or an order imposed by a court, whether that amount is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
b: includes any offender levy and any prescribed costs, expenses, or fees payable in respect of the enforcement of an obligation to pay any amount of money, or any part of an amount of money, described in paragraph (a); but
c: does not include any amount of money ordered to be paid in a civil proceeding hire purchase agreement
a: an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:
b: an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid imposed impoundment costs section 96 96A section 167 interest lease Land Transport Act 1998 negotiable instrument section 16 offender levy section 105B order of reparation
a: an order made under section 106 108 110
b: an order made in respect of a child, or any parent or guardian of that child, under section 84(1)﻿(b) Oranga Tamariki Act 1989
c: an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) Oranga Tamariki Act 1989
d: an order that—
i: requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and
ii: is declared by the Governor-General, by Order in Council ( see overdue
a: that the fine has, in breach of the provisions of an enactment or the terms of a sentence, an order, or a direction, not been paid in full within the time provided or fixed by the enactment, sentence, order, or direction; and
b: that the defendant's obligation to pay the fine has not been resolved person who is registered Land Transport Act 1998 property section 4 resolved
a: the fine is being reduced, or is to be reduced,—
i: by an arrangement under any of sections 81 86 86C 86DA
ii: by a deduction notice issued under section 83(1B)﻿(b) 83(2)﻿(c) 86DB 87(2)﻿(c) 87B(1A) 88AE(1)﻿(a)
iii: by an attachment order issued under section 86DB 87(2)﻿(b) 88AE(1)﻿(a)
iv: in accordance with a direction given under section 88AE(1)﻿(h)
v: by a sale order under section 88AE(1)﻿(ab)
b: the defendant is currently subject to a substituted sentence in respect of that fine; or
c: the fine may not be further enforced because of a direction given under section 88AE(1)﻿(i)
d: the order to pay the fine is set aside under section 78B(2)﻿(d) salary or wages
a: a retiring allowance or pension or other payment of a similar nature:
b: all payments of weekly compensation made by the Accident Compensation Corporation under the Accident Compensation Act 2001
c: a bonus or an incentive payment:
d: a payment of commission:
e: a payment in consideration of work performed under a contract for services:
f: a benefit secured party
a: a secured party (within the meaning of section 16(1)
b: a mortgagee (within the meaning of section 4 security agreement
a: a security agreement (within the meaning of section 16(1)
b: a mortgage (within the meaning of section 4 security interest
a: a security agreement (within the meaning of section 16(1)
b: a mortgage (within the meaning of section 4 substituted sentence section 83(2)﻿(a) 88AE(1)﻿(b) section 88AE(1)﻿(c) to (e) traffic fine traffic offence
a: any offence against the Transport Act 1962 the Road User Charges Act 1977 Road User Charges Act 2012 Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998 Land Transport Management Act 2003 any secondary legislation
b: any offence against any secondary legislation use written caution section 93
2: For the purposes of this section and sections 93 to 100T substitute for the defendant substitute
a: the person is served with a written caution, under section 93
b: within 4 years after the date of service of that written caution, the defendant—
i: commits a further traffic offence while using a motor vehicle that, at the time of the commission of that further offence, the person owned or had an interest in; and
ii: has a traffic fine imposed on him or her for that further traffic offence; and
iii: defaults, and continues to be in default, on the fine described in subparagraph (ii).
3: For the purposes of sections 93 to 100T
4: For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
5: A reference in sections 93 to 100T
a: is not to acquire any rights, or only limited rights, in the motor vehicle; and
b: will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant.
6: An order under paragraph (d)﻿(ii) of the definition of order of reparation in subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 79 replaced 13 February 2012 section 10 Summary Proceedings Amendment Act 2011 Section 79(1) order of reparation amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 79(1) order of reparation amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 79(1) order of reparation amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(1) property replaced 14 November 2018 section 55(1) Courts Matters Act 2018 Section 79(1) resolved amended 14 November 2018 section 55(2) Courts Matters Act 2018 Section 79(1) resolved amended 14 November 2018 section 55(3) Courts Matters Act 2018 Section 79(1) resolved amended 14 November 2018 section 55(4) Courts Matters Act 2018 Section 79(1) resolved inserted 14 November 2018 section 55(5) Courts Matters Act 2018 Section 79(1) secured party replaced 14 November 2018 section 55(6) Courts Matters Act 2018 Section 79(1) security agreement replaced 14 November 2018 section 55(6) Courts Matters Act 2018 Section 79(1) security interest replaced 14 November 2018 section 55(6) Courts Matters Act 2018 Section 79(1) traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(1) traffic offence amended 26 March 2015 section 6 Summary Proceedings Amendment Act 2015 Section 79(1) traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Service under this Part Heading inserted 13 February 2012 section 10 Summary Proceedings Amendment Act 2011
79A: Service of documents under this Part
1: If a person is required to serve a document under this Part, the requirement may be met in any of the following ways:
a: by an authorised process server—
i: delivering the document to the recipient or bringing it to the recipient's notice if the recipient refuses to accept it; or
ii: in the case of a written caution,—
A: leaving the document for the recipient at the recipient's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years; or
B: leaving the document for the recipient at the recipient's place of business or place of work with another person (other than the defendant); or
iii: in any other case,—
A: leaving the document for the recipient at the recipient's place of residence with another person who appears to be of or over the age of 14 years; or
B: leaving the document for the recipient at the recipient's place of business or place of work with another person:
b: by sending the document to the recipient by prepaid post addressed to the recipient's last known place of residence or business:
c: if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:
d: if authorised by rules or regulations made under section 212(2)﻿(e)
e: by complying with a means of service prescribed by rules or regulations made under section 212(2)﻿(f)
2: However, a District Court Judge or Justice or Community Magistrate or the Registrar may, if he or she thinks fit, direct that a document must be served in accordance with subsection (1)﻿(a)﻿(i).
3: For recipients to whom section 79B
4: Despite subsection (1), a written caution under section 93 section 79B(2)﻿(b) or (4)
5: In this section and in section 79B authorised process server
a: a constable; or
b: a Police employee authorised by the Commissioner of Police to serve documents under this Part; or
c: an officer of the court; or
d: a person or a member of a class of persons authorised by a District Court Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or
e: an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part ; or
f: an individual who is authorised by the Secretary for Justice to serve documents under this Part officer recipient serve
a: includes giving the document to a person; but
b: does not include filing the document in a court under rules of court or otherwise. Section 79A inserted 13 February 2012 section 10 Summary Proceedings Amendment Act 2011 Section 79A(1)﻿(d) replaced 14 November 2018 section 56(1) Courts Matters Act 2018 Section 79A(1)﻿(e) inserted 14 November 2018 section 56(1) Courts Matters Act 2018 Section 79A(5) authorised process server amended 14 November 2018 section 56(2) Courts Matters Act 2018 Section 79A(5) authorised process server inserted 14 November 2018 section 56(3) Courts Matters Act 2018
79B: Service provisions modified in special cases
1: If a document is served in accordance with this section, it is, for the purposes of section 79A
2: If the recipient is a body corporate or a Crown organisation, a document may be served—
a: if it may be sent under section 79A(1)﻿(b) or (c)
b: by an authorised process server delivering the document to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or bringing it to the officer's notice or the employee's notice if that person refuses to accept it.
3: If a lawyer lawyer lawyer section 79A
4: In addition to the ways of service authorised by section 79A
a: in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:
b: in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:
c: in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison. Section 79B inserted 13 February 2012 section 10 Summary Proceedings Amendment Act 2011 Section 79B(3) amended 14 November 2018 section 57 Courts Matters Act 2018
79C: Manner of notification not requiring particular document
1: If a provision in this Part requires or contemplates that an official notify a person about a matter, without requiring that the person receive a particular document, the official may notify the person face to face or by telephone, or by prepaid post, fax, email, text, or other electronic means.
2: In this section, official
a: a Registrar; or
b: a bailiff; or
c: any other officer of the court; or
d: the chief executive; or
e: a person authorised by the chief executive. Section 79C inserted 13 February 2012 section 10 Summary Proceedings Amendment Act 2011
79D: Proof of service or notification
1: The service of any document or the notification of a matter may be proved—
a: by affidavit or oral evidence made or given by the person who served the document or made the notification, stating the fact, date, time, and mode of service or notification; or
b: by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service or notification; or
c: in any manner prescribed by regulations.
2: An endorsement under subsection (1)﻿(b) must be signed by the person who served the document or who made the notification.
3: Every person who wilfully endorses any false statement of the fact, date, time, or mode of service on a copy of any document or on a computer printout commits an offence, and is liable on conviction
4: If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.
5: If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system outside the control of its originator, and in proving service it is sufficient to prove that the document concerned was properly addressed and sent.
6: In this section, information system Section 79D inserted 13 February 2012 section 10 Summary Proceedings Amendment Act 2011 Section 79D(3) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
80: Fines generally payable within 28 days
Except as otherwise provided in this Act or the Sentencing Act 2002 1957 No 87 s 84 Section 80 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 80 amended 13 February 2012 section 12 Summary Proceedings Amendment Act 2011
81: Time to pay or payment by instalments
1: If a fine is payable, the court may—
a: make an order doing either or both of the following:
i: allowing a greater time than 28 days for payment:
ii: allowing payment to be made by instalments; or
b: direct the Registrar to determine whether to enter into an arrangement with the defendant allowing greater time to pay or to pay by instalments, or both, under section 86
2: If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)﻿(a) or an arrangement entered into under section 86
a: must include payment of—
i: the reparation:
ii: the levy; and
b: must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E
3: The court may take into account information received from any source about the defendant's financial capacity before making an order under subsection (1)﻿(a).
4: If the court makes an order under subsection (1)﻿(a) and the court is subsequently satisfied either that the defendant provided false or misleading information about the defendant's financial capacity before the order was made or that the defendant's financial capacity has changed significantly since the order was made, the court may, after giving the defendant the opportunity to be heard, vary, suspend, or cancel the order. Section 81 replaced 13 February 2012 section 13 Summary Proceedings Amendment Act 2011
82: Financial capacity of defendant
1:
2: If a court is considering making an order under section 81(1)﻿(a) 83(1) section 36(1)﻿(c) sections 42 to 43 Section 82 replaced 13 February 2012 section 14 Summary Proceedings Amendment Act 2011 Section 82(1) repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
83: Order for immediate payment of fine
1: If a fine is payable, the court may order the defendant to pay the fine immediately if,—
a: in the case of a fine that consists of or includes an amount of reparation, the court is satisfied that the defendant has sufficient means to pay the fine immediately; or
b: in any other case, the court is satisfied that the defendant has sufficient means to pay the fine immediately and either—
i: the defendant has no fixed place of residence; or
ii: the court is satisfied that, because of the gravity of the offence, the character of the defendant, or other special circumstances, the fine should be paid immediately.
1A: If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)—
a: must require payment of the following at the same time as any other amount payable under the order:
i: the reparation:
ii: the levy; and
b: must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E
1B: If any order of a Registrar to pay an amount of reparation immediately is not complied with, the Registrar may—
a: issue a warrant to seize property in a form approved under section 209A
b: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant; or
c: refer the matter to a District Court Judge for the Judge to consider whether a warrant of commitment should be issued under subsection (2)﻿(b) (which applies with any necessary modifications).
2: Where any order to pay a fine immediately
a: direct that a warrant to seize property be issued in a form approved under section 209A
b: subject to subsection (3A), direct section 90 ; or
c: direct that the Registrar issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
2A: Subsection (2)﻿(a) and (b) do not apply if the only amount payable under the order is an offender levy.
3: Any warrant of commitment directed to be issued under subsection (2)﻿(b) may be issued by any District Court Judge and may be withdrawn at any time by any District Court Judge.
3A: A District Court Judge shall not issue a warrant of commitment under this section unless—
a: the defendant has had the same opportunity for legal representation as is available to a defendant who is liable to a sentence of imprisonment under section 30
b: the defendant is before a District Court Judge.
4: Where a court makes an order under subsection (1), or gives a direction under subsection (2), a record of the order or direction and the grounds on which it was made or given shall be entered in the court record required to be kept under section 184 1957 No 87 s 85 Section 83 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 83(1) replaced 13 February 2012 section 15(1) Summary Proceedings Amendment Act 2011 Section 83(1A) replaced 13 February 2012 section 15(1) Summary Proceedings Amendment Act 2011 Section 83(1B) inserted 13 February 2012 section 15(1) Summary Proceedings Amendment Act 2011 Section 83(2) amended 13 February 2012 section 15(2) Summary Proceedings Amendment Act 2011 Section 83(2)﻿(a) amended 13 February 2012 section 15(3) Summary Proceedings Amendment Act 2011 Section 83(2)﻿(b) amended 1 November 1998 section 15 Summary Proceedings Amendment Act (No 3) 1998 Section 83(2)﻿(b) amended 1 September 1993 section 13(2) Summary Proceedings Amendment Act 1993 Section 83(2)﻿(c) inserted 1 November 1998 section 15 Summary Proceedings Amendment Act (No 3) 1998 Section 83(2A) inserted 13 February 2012 section 15(4) Summary Proceedings Amendment Act 2011 Section 83(3A) inserted 1 September 1993 section 13(3) Summary Proceedings Amendment Act 1993 Section 83(3A)﻿(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 83(4) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
84: Notice of fine
1: Where, on the determination of a charge for an offence
2: Every notice given under subsection (1) must—
a: state the amount of the fine:
b: state the date on or before which payment of the fine is to be made:
c: state the times and places at which payment of the fine may be made:
d: inform the defendant of the defendant's rights of appeal:
e: inform the defendant that a Registrar, a bailiff, or the chief executive
f: inform the defendant that if the fine is not paid within 28 days after the day on which it was imposed, and no order has been made under section 81(1)﻿(a) section 86 86C 86DA
i: a warrant to seize property:
ii: an attachment order:
iii: a deduction notice:
iiia: the fine may be added to an existing arrangement, an attachment order, or a deduction notice under section 86DB
iv: a driver licence stop order:
v: a statutory land charge:
vi: a sale order:
g: notify the defendant that, instead of taking the kinds of enforcement action described in paragraph (f), the Registrar may issue a warrant to arrest the defendant and have the defendant brought before a District Court Judge , Community Magistrate, or Registrar
h: notify the defendant that any default balance of the defendant will be disclosed to recognised users (within the meaning of section 92A
3: Failure to comply with this section does not of itself invalidate any subsequent proceeding.
4: Despite the requirements of this section, it is the responsibility of the defendant to take all necessary steps to find out the decision of the court, the defendant's obligations under that decision, and the defendant's rights in relation to that decision.
5: It is not necessary to comply with the requirements of this section in any case where, before the notice is given,—
a: a fine is paid in full; or
b: an order is made under section 81(1)﻿(a) 83(1)
c: an arrangement is entered into under section 86 86C 86DA Section 84 replaced 13 February 2012 section 16 Summary Proceedings Amendment Act 2011 Section 84(1) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 84(2)﻿(e) amended 14 November 2018 section 58(1) Courts Matters Act 2018 Section 84(2)﻿(f) amended 14 November 2018 section 58(2) Courts Matters Act 2018 Section 84(2)﻿(f)﻿(iiia) inserted 14 November 2018 section 58(3) Courts Matters Act 2018 Section 84(2)﻿(f)﻿(v) inserted 14 November 2018 section 58(4) Courts Matters Act 2018 Section 84(2)﻿(f)﻿(vi) inserted 14 November 2018 section 58(4) Courts Matters Act 2018 Section 84(2)﻿(g) amended 14 November 2018 section 58(5) Courts Matters Act 2018 Section 84(5)﻿(c) amended 14 November 2018 section 58(6) Courts Matters Act 2018
85: Final Section 85 repealed 23 July 2011 section 17 Summary Proceedings Amendment Act 2011
86: Registrar may arrange extension of time to pay
1: If a fine is payable and is not subject to an order for immediate payment, the Registrar may enter into an arrangement with a defendant or with a representative of the defendant to allow for either or both of the following:
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1) may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: Before the Registrar enters into an arrangement under subsection (1), the Registrar may consider any information received from any person about the financial position of the defendant or, as the case requires, about the defendant's representative.
4: In any case where any information described in subsection (3) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
5: In this section and in sections 86A 86C 86D 86DA representative
a: a person who—
i: enters into the arrangement concerned with the defendant's written or oral consent; and
ii: appears to the Registrar to have the defendant's consent to do so; or
b: a person who is authorised to enter into the arrangement concerned by operation of law. Section 86 replaced 13 February 2012 section 18 Summary Proceedings Amendment Act 2011 Section 86(5) amended 14 November 2018 section 59 Courts Matters Act 2018
86A: Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
1: A Registrar may determine that an arrangement extending the time to pay a fine, or an attachment order, be varied, suspended, or cancelled if the Registrar has reason to believe that—
a: the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
aa: the defendant’s or his or her representative’s financial position has improved significantly since the arrangement was entered into; or
ab: the defendant or his or her representative entered into the arrangement for the purpose of avoiding interception at a New Zealand airport before departing from New Zealand and the defendant intends to leave New Zealand for an extended period within the next 10 days; or
b: the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into; or
c: the defendant has, in connection with the making of the attachment order, supplied false or misleading information about the financial position of the defendant; or
d: the financial position of the defendant has changed significantly since the date on which the attachment order was made.
2: A Registrar may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees to the determination proposed by the Registrar; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the defendant; or
ii: the Registrar contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
3: If, in a case where there is an arrangement extending the time to pay a fine with a representative of the defendant, a further fine that is not subject to the arrangement is imposed on the defendant, the Registrar may determine that the arrangement—
a: be varied, suspended, or cancelled if the representative agrees to the determination proposed by the Registrar:
b: be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the representative; or
ii: the Registrar contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
4: A Registrar may determine that an attachment order be varied, suspended, or cancelled if—
a: another fine that is not subject to the attachment order is imposed on the defendant; and
b: the defendant defaults in the payment of the subsequent fine.
4A: If, under subsection (1)﻿(a), (aa), or (ab), an arrangement extending the time to pay is cancelled, the cancellation may be made without notice and takes effect immediately.
4B: If the Registrar, after cancelling an arrangement extending the time to pay under subsection (1)﻿(a), (aa), or (ab), becomes aware (whether as a result of new information or otherwise) that there were no or inadequate grounds for cancelling the arrangement, the Registrar must reinstate the arrangement and it continues in force as if it had not been cancelled.
5: Unless subsection (4A) applies, if subsection (1)﻿(a), (aa), (ab), or (b)
a: notify the defendant or, as the case requires, the defendant's representative—
i: of the proposed determination and the reasons for the proposed determination; and
ii: that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or written submission to the Registrar, why the proposed determination should not be made; and
iii: that, if it is intended to make an oral submission, that intention must be advised to the Registrar within 10 days after the date of the notification and that any such submission must be made at a time specified by the Registrar; and
iv: that any written submission must be received by the Registrar within 10 days after the date of the notification; and
b: consider any—
i: oral submission made in accordance with paragraph (a)﻿(iii); and
ii: written submissions received within the 10-day period referred to in paragraph (a)﻿(iv).
6: Any written submissions that may be made under subsection (5) may be made electronically.
7: In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.
8: Unless subsection (4A) applies, a determination
a: where subsection (1)﻿(a) , (aa), (ab),
i: if the Registrar receives neither a request to make an oral submission nor a written submission within the 10-day period referred to in subsection (5)﻿(a)﻿(iii) or (iv), on the date on which that period expires; or
ii: if after hearing an oral submission in accordance with subsection (5)﻿(a)﻿(iii), or considering a written submission received within the 10-day period referred to in subsection (5)﻿(a)﻿(iv), the Registrar decides to proceed with the proposed determination, on a specified date that the Registrar notifies to the defendant or, as the case requires, the defendant's representative:
b: where subsection (2)﻿(a) or (3)﻿(a) applies, on the date that the Registrar obtains the agreement of the defendant or, as the case requires, the defendant's representative under either of those subsections:
c: where subsection (1)﻿(c) or (d), (2)﻿(b)﻿(i), (3)﻿(b)﻿(i), or (4) applies, on a date specified by the Registrar.
9: In this section and sections 86C 86D 86DA 87 87AA arrangement extending the time to pay a fine
a: allows for either or both of the following:
i: a greater time to pay a fine:
ii: payment by instalments; and
b: is entered into by—
i: a Registrar under section 86
ia: the chief executive under section 86DA
ii: a bailiff under section 86C Section 86A replaced 13 February 2012 section 18 Summary Proceedings Amendment Act 2011 Section 86A(1)﻿(aa) inserted 14 November 2018 section 60(1) Courts Matters Act 2018 Section 86A(1)﻿(ab) inserted 14 November 2018 section 60(1) Courts Matters Act 2018 Section 86A(4A) inserted 14 November 2018 section 60(2) Courts Matters Act 2018 Section 86A(4B) inserted 14 November 2018 section 60(2) Courts Matters Act 2018 Section 86A(5) amended 14 November 2018 section 60(3) Courts Matters Act 2018 Section 86A(8) amended 14 November 2018 section 60(4) Courts Matters Act 2018 Section 86A(8)﻿(a) amended 14 November 2018 section 60(5) Courts Matters Act 2018 Section 86A(9) amended 14 November 2018 section 60(6) Courts Matters Act 2018 Section 86A(9)﻿(b)﻿(ia) inserted 14 November 2018 section 60(7) Courts Matters Act 2018
86B: Determinations affecting attachment orders
1: If an attachment order is cancelled or suspended under section 86A
2: If a variation of an attachment order takes effect under section 86A section 87 Section 86B replaced 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86C: Bailiff may arrange extension of time to pay
1: If a fine is payable and is not subject to an order for immediate payment, a bailiff may enter into an arrangement extending the time to pay the fine with a defendant or with a representative of the defendant.
2: No arrangement extending the time to pay the fine may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: As soon as practicable after a bailiff enters into an arrangement extending the time to pay the fine, the bailiff must notify the Registrar of the arrangement.
4: When the Registrar is notified of the arrangement, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, of the defendant's representative, cancel the arrangement within 7 days after being notified of that arrangement.
5: In any case where any information described in subsection (4) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
6: The arrangement comes into force,—
a: if the Registrar approves the arrangement before the expiry of 7 days after the day on which the Registrar is notified of the arrangement, when the Registrar gives that approval:
b: if on the expiry of 7 days after the day on which the Registrar is notified of the arrangement the Registrar has neither approved nor cancelled the arrangement, on the eighth day after the day on which the Registrar is so notified.
7: The defendant or, as the case requires, the defendant's representative—
a: may make payments under the arrangement when it comes into force in accordance with subsection (6); and
b: is not prevented from making payments in respect of a fine if those payments are not part of the arrangement. Section 86C inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86D: Bailiff may vary, suspend, or cancel arrangement for extension of time to pay fine
1: A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if the bailiff has reason to believe that—
a: the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
b: the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into.
2: A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees to the determination proposed by the bailiff; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the bailiff is unable to contact the defendant; or
ii: the bailiff contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
3: If, in a case where a representative of a defendant is party to an arrangement extending the time to pay a fine, a further fine that is not subject to the arrangement is imposed on the defendant, the bailiff may determine that the arrangement—
a: be varied, suspended, or cancelled if the representative agrees to the determination proposed by the bailiff:
b: be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
i: the bailiff is unable to contact the representative; or
ii: the bailiff contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
4: If subsection (1), (2)﻿(b)﻿(ii), or (3)﻿(b)﻿(ii) applies, the bailiff must, before he or she makes a determination in relation to the arrangement,—
a: notify the defendant or, as the case requires, the representative—
i: of the proposed determination and the reasons for the proposed determination; and
ii: that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or a written submission to the bailiff, why the proposed determination should not be made; and
iii: that, if it is intended to make an oral submission, that intention must be advised to the bailiff within 10 days after the date of the notification and that any such submission must be made at a time specified by the bailiff; and
iv: that any written submission must be received by the bailiff within 10 days after the date of the notification; and
b: consider any—
i: oral submission made in accordance with paragraph (a)﻿(iii); and
ii: written submissions received within the 10-day period referred to in paragraph (a)﻿(iv).
5: Any written submissions that may be made under subsection (4) may be made electronically.
6: In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.
7: As soon as practicable after the bailiff makes a determination under this section, the bailiff must notify the Registrar of the determination.
8: When the Registrar is notified of the determination, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, the defendant's representative, cancel the determination within 7 days after being notified of that determination.
9: In any case where any information described in subsection (8) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
10: If the Registrar does not cancel the determination, the determination comes into force 8 days after the Registrar is notified of that determination or on the day on which the Registrar sooner approves the determination. Section 86D inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86DA: Chief executive may approve automated electronic system to arrange extension of time to pay fine or to vary or suspend existing arrangement
1: If a fine is payable and not subject to an order for immediate payment, the chief executive may enter into an arrangement with a defendant or with his or her representative, or agree to vary or suspend an existing arrangement, to allow for either or both of the following:
a: a greater time for payment:
b: payment to be made by instalments.
2: An arrangement under subsection (1) may not permit a fine to remain unpaid,—
a: unless paragraph (b) or (c) applies, for more than 5 years after the date on which the arrangement is entered into:
b: if an existing arrangement is varied, for more than 5 years after the date on which the variation is agreed:
c: if an existing arrangement is suspended, for more than 5 years after the date on which payments resume under the arrangement.
3: Subject to section 86DC
a: receive and process applications for an arrangement or to vary or suspend an existing arrangement under subsection (1); and
b: enter into or decline to enter into an arrangement, or vary or suspend or decline to vary or suspend an existing arrangement, under subsection (1).
4: If the chief executive approves an automated electronic system under subsection (3), he or she must also approve procedures for the operation of the system, which must include procedures for,—
a: subject to this section, setting the criteria for determining whether an arrangement will be entered into, varied, or suspended; and
b: identifying the information that will be sought from or about a defendant when an application under this section is made (which must be limited to information relevant to the application); and
c: notifying the defendant or his or her representative that he or she may apply to vary or suspend an arrangement if it becomes too onerous or if the defendant’s financial circumstances change; and
d: a review by a person, under section 86DC(1)﻿(b)
5: If an application made under this section is declined, a defendant or his or her representative may apply to a Registrar or a bailiff under section 86 86C
6: In this section and section 86DB arrangement existing arrangement vary Section 86DA inserted 14 November 2018 section 61 Courts Matters Act 2018
86DB: Chief executive may approve automated electronic system to add fine to existing arrangement, attachment order, or deduction notice without notice
1: The chief executive may, without notice, but subject to subsection (2) and any procedures approved under subsection (4), add the amount of another fine to an existing arrangement, attachment order, or deduction notice if—
a: another fine is imposed on the defendant; and
b: the defendant defaults in the payment of the fine and does not enter into an arrangement with a Registrar, a bailiff, or the chief executive to extend the time to pay.
2: The addition of another fine to an existing arrangement or attachment order under subsection (1) must not have the effect that either of those measures continues to operate for more than 5 years after the date on which the last fine is added, unless the measure is varied or suspended under this Part.
3: Subject to section 86DC
4: If the chief executive approves an automated electronic system under subsection (3), he or she must also approve procedures for the operation of the system, which must include procedures for,—
a: if a fine has been added to an existing arrangement, notifying the defendant of the new amount owing under the arrangement and the period over which payments will need to be made; and
b: if a fine has been added to an existing attachment order or deduction notice, making a new order or issuing a new notice to replace the existing order or notice, giving a copy to the defendant, and serving a copy on the defendant’s employer or bank; and
c: notifying the defendant that he or she may apply—
i: to vary or suspend an arrangement, attachment order, or deduction notice if the payments become too onerous or if his or her financial circumstances change:
ii: for a review by a person under section 86DC(1)﻿(b) Section 86DB inserted 14 November 2018 section 61 Courts Matters Act 2018
86DC: Approval of automated electronic systems
1: The chief executive may approve the automated electronic systems described in this Part only if satisfied that—
a: each system has the capacity to do any actions required with reasonable reliability; and
b: there is a process available under which a person affected by an action performed by an electronic system can have that action reviewed by a person authorised by the chief executive to review those actions, without undue delay.
2: A person authorised by the chief executive under subsection (1) to review actions may, on a review of an action, confirm, vary, or cancel the action.
3: An action confirmed or varied under subsection (2) must, for the purposes of this Part, be treated as an arrangement with the chief executive. Section 86DC inserted 14 November 2018 section 61 Courts Matters Act 2018
86DD: Registrar or chief executive may require bank to cancel automatic payment
1: When an arrangement to pay a fine is made with a Registrar, a bailiff, or the chief executive under this Part, a Registrar or the chief executive may, at any time, notify a bank from which any payment or payments have been received, including by way of automatic payment, to stop any further payments after a particular date.
2: If a bank receives advice from a Registrar or the chief executive under subsection (1), it must stop any further payments after the date stated in the notice, whether or not the bank has the permission of the customer or account holder to do so. Section 86DD inserted 14 November 2018 section 61 Courts Matters Act 2018
86E: Priority of payments received from defendant
1: Any payments received from a defendant in respect of a fine must be applied in the following order of priority:
a: in payment of any amount of reparation:
b: in payment of any offender levy:
c: in payment of any other type of fine.
2: Subsection (1) applies regardless of when any amount owed by the defendant was imposed or became due. Section 86E inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86F: Manner in which amounts of reparation must be applied in cases involving same offence
1: This section applies if a person (the liable person
2: Any payments received from the liable person must be applied, as between the persons to whom the defendant is required to pay reparation, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them (or in equal amounts if the court did not specify different amounts).
3: Subsection (2) applies subject to any contrary direction by a court. Section 86F inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86G: Manner in which amounts of reparation must be applied in cases involving different offences
1: This section applies—
a: if a person (the liable person
b: if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and
c: if both the amounts referred to in paragraphs (a) and (b) have not been paid in full; and
d: whether the requirements to pay the amounts referred to in paragraphs (a) and (b) arose before or after the commencement of this section.
2: For the purpose of subsection (1), it does not matter whether or not the offence referred to in subsection (1)﻿(b) is of the same kind as the offence referred to in subsection (1)﻿(a).
3: Any payments received from the liable person must, in respect of 1 or more amounts of reparation imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 86F
a: as between the persons to whom the defendant is required to pay the reparation; and
b: in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them.
4: Any payments received from the liable person must, in respect of any amounts of reparation imposed on the liable person on different days, be applied (in accordance with section 86F
5: After the amount of reparation referred to in subsection (4) has been paid in full, any further payments received from the liable person must next be applied (in accordance with section 86F
6: This section applies subject to any contrary direction by a court. Section 86G inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86H: No Crown liability for error, etc, in applying payments of amounts of reparation
The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of reparation in accordance with sections 86E to 86G Section 86H inserted 13 February 2012 section 18 Summary Proceedings Amendment Act 2011
86I: Financial assessment if fine is unpaid
1: This section applies if—
a: a fine is unpaid; and
b: the Registrar considers it would be desirable to require the defendant to undertake a financial assessment before deciding what enforcement action to undertake under section 87
2: The Registrar may order that the defendant be brought before the court to enable the Registrar to undertake a financial assessment of the defendant. Section 86I inserted 14 November 2018 section 62 Courts Matters Act 2018
87: Action if fine or instalment not paid or if arrangement or attachment order cancelled
1: This section applies if—
a: the defendant defaults in the payment of any fine; or
b: the defendant defaults in the payment of any instalment in respect of a fine that may be paid by instalments; or
c: a Registrar cancels an arrangement extending the time to pay a fine, or an attachment order, in accordance with section 86A
d: an arrangement extending the time to pay a fine is cancelled in accordance with section 86D
2: The Registrar may—
a: issue a warrant to seize property; or
b: make an attachment order attaching any salary or wages payable or to become payable to the defendant; or
c: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
2A: If this section applies and the total amount of any fine or fines owed by a defendant is $5,000 or more,—
a: a charge applies to that amount; and
b: the charge may be registered against land owned by the defendant, in accordance with the Statutory Land Charges Registration Act 1928 sections 117 to 121
2B: If a defendant defaults in payment of a fine, the chief executive may make an attachment order attaching any salary or wages payable or becoming payable to the defendant.
2C: Subject to section 86DC
2D: If the chief executive approves an automated electronic system under subsection (2C), he or she must also approve procedures for the operation of the system, which (where relevant) must be consistent with sections 103 104 105
2E: For each attachment order (if any) made under subsection (2B), the defendant is liable to pay a single fee in the amount set under regulations made under this Act in respect of enforcement action taken under this Act to enforce a fine, except that the fee may be waived if the chief executive is satisfied that the defendant does not have the means to pay the fee.
3: Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.
4: If a default is made in the payment of any instalment in respect of a fine that may be paid by instalments, proceedings may be taken as if default had been made in the payment of all instalments that remain unpaid.
5: Subsection (2)﻿(a) does not apply if the only amount in default is an offender levy.
6: The powers conferred by this section may not be exercised by a Registrar who is a constable. Section 87 replaced 13 February 2012 section 19 Summary Proceedings Amendment Act 2011 Section 87(2A) inserted 14 November 2018 section 63 Courts Matters Act 2018 Section 87(2B) inserted 14 November 2018 section 63 Courts Matters Act 2018 Section 87(2C) inserted 14 November 2018 section 63 Courts Matters Act 2018 Section 87(2D) inserted 14 November 2018 section 63 Courts Matters Act 2018 Section 87(2E) inserted 14 November 2018 section 63 Courts Matters Act 2018
87AAA: Agreements to vary charge on land
1: If any land owned by a defendant is subject to a charge referred to in section 87(2A)﻿(b)
2: The agreement may provide for all or part of the charge to attach to any other land owned by the defendant, and may be subject to conditions.
3: The agreement has the effect of—
a: releasing from the charge any land agreed to be released from the charge; and
b: subjecting any land agreed to be subject to a charge to the charge as agreed. Section 87AAA inserted 29 October 2019 section 64 Courts Matters Act 2018
87AAB: Enforcement of charge on land
A transfer or an act done with the intention, or having the effect, of defeating a charge referred to in section 87(2A) Section 87AAB inserted 29 October 2019 section 64 Courts Matters Act 2018
87AA: Power to obtain information in respect of beneficiaries
1: If—
a: the Registrar is—
i: considering whether to make an attachment order under section 87(2)﻿(b)
ia: considering whether an arrangement extending the time to pay a fine or an attachment order is to be varied, suspended, or cancelled under section 86A 86D
ii: assessing the amount of the protected earnings rate referred to in section 105(7)
b: the salary or wages of the defendant includes a benefit; and
c: the Registrar wishes to verify information supplied by the defendant in respect of that benefit, or obtain information relating to the defendant in respect of that benefit, or obtain and verify that information,— the Registrar may chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 the chief executive chief executive
2: The information referred to in subsection (1) is—
a: the amount of any benefit that is paid to the defendant:
b: the amount of any attachment order or deduction notice that applies to the defendant and is made or given or issued under any of the following Acts:
i: the Social Security Act 2018
ii: the Family Proceedings Act 1980
iii: the Child Support Act 1991
iv: the Tax Administration Act 1994
c: any amount that is being recovered from the defendant under regulations made under section 444
d: the composition of the defendant's family, including the number of family members who are dependent on the defendant:
e: the residential address and all telephone numbers
f: the type of any benefit that is paid to the defendant:
g: the unique number assigned to the defendant in his or her capacity as a beneficiary
3: The chief executive a requirement
a: within a reasonable period; and
b: in the manner specified in the requirement
c: without imposing a charge.
3AA: A requirement under subsection (1) may be made by post or by fax, email, or other electronic means.
3A: If the defendant has died and the chief executive is aware of that fact, the chief executive must advise the Registrar accordingly on receipt of a requirement under subsection (1)
4: This section does not apply if the Registrar is directed under section 88AE(1)﻿(a) Section 87AA inserted 1 November 1998 section 21 Summary Proceedings Amendment Act (No 3) 1998 Section 87AA(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 87AA(1) amended 13 February 2012 section 20(4) Summary Proceedings Amendment Act 2011 Section 87AA(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 87AA(1)﻿(a)﻿(i) amended 13 February 2012 section 20(1) Summary Proceedings Amendment Act 2011 Section 87AA(1)﻿(a)﻿(ia) replaced 13 February 2012 section 20(2) Summary Proceedings Amendment Act 2011 Section 87AA(1)﻿(a)﻿(ii) amended 13 February 2012 section 20(3) Summary Proceedings Amendment Act 2011 Section 87AA(2)﻿(b)﻿(i) amended 26 November 2018 section 459 Social Security Act 2018 Section 87AA(2)﻿(c) amended 26 November 2018 section 459 Social Security Act 2018 Section 87AA(2)﻿(e) inserted 9 October 2006 section 13(2) Summary Proceedings Amendment Act 2006 Section 87AA(2)﻿(e) amended 13 February 2012 section 20(5) Summary Proceedings Amendment Act 2011 Section 87AA(2)﻿(f) inserted 9 October 2006 section 13(2) Summary Proceedings Amendment Act 2006 Section 87AA(2)﻿(g) inserted 9 October 2006 section 13(2) Summary Proceedings Amendment Act 2006 Section 87AA(2)﻿(g) amended 13 February 2012 section 20(6) Summary Proceedings Amendment Act 2011 Section 87AA(3) amended 13 February 2012 section 20(7)﻿(a) Summary Proceedings Amendment Act 2011 Section 87AA(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 87AA(3)﻿(b) amended 13 February 2012 section 20(7)﻿(b) Summary Proceedings Amendment Act 2011 Section 87AA(3AA) inserted 13 February 2012 section 20(8) Summary Proceedings Amendment Act 2011 Section 87AA(3A) inserted 9 October 2006 section 13(3) Summary Proceedings Amendment Act 2006 Section 87AA(3A) amended 13 February 2012 section 20(9) Summary Proceedings Amendment Act 2011 Section 87AA(4) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011
87A: Publication of name of
fine
1: This section applies if—
a: a defendant has been ordered by a court (other than the Youth Court
b: the defendant has not made any payment in respect of the fine for at least 3 months before the date on which the Registrar proposes to arrange the publication of a notice under subsection (2) relating to the defendant; and
c: the defendant owes not less than $500 in 1 or more
d: either the fine is not subject to any arrangement under section 81(1)﻿(a) 86 86C
e: no name suppression order was made in respect of the defendant in the proceedings in which the fine was imposed; and
f: the Registrar has been unable to locate the defendant after using reasonably available sources of information; and
g: the Registrar has confirmed the identity of the defendant by checking information held in relation to the defendant on any database accessible to the Registrar; and
h: the Registrar has no reason to suspect that the defendant has died.
2: If this section applies, the Registrar may cause notice of the fine any newspaper
a: the name of the defendant:
b: the defendant's current or last known address:
c: the defendant's age (in years).
3: A Registrar who causes the publication under subsection (2) of any particulars relating to a defendant shall take all reasonable steps to ensure that the particulars published are accurate and current. Section 87A inserted 1 April 1996 section 12 Summary Proceedings Amendment Act 1995 Section 87A heading amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011 Section 87A(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 87A(1)﻿(c) amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011 Section 87A(1)﻿(d) amended 13 February 2012 section 21 Summary Proceedings Amendment Act 2011 Section 87A(2) amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011 Section 87A(2) amended 9 October 2006 section 14 Summary Proceedings Amendment Act 2006
87B: Deduction of fines
1: This section applies if—
a: a fine is payable by a defendant; and
b: the defendant is, by virtue of an order made under section 81(1)﻿(a) 83(1) section 86 , 86C 86DA section 88AE(1)﻿(h)
i: ordered to pay the fine immediately; or
ii: allowed a greater time for payment; or
iii: allowed to pay by instalments; and
c: the defendant either—
i: fails to comply with the order, arrangement, direction, or condition; or
ii: refuses, without reasonable excuse, to enter into an arrangement.
1A: The Registrar may issue a deduction notice requiring a bank to deduct the amount due from a sum that is payable or becomes payable to the defendant, until the deduction notice is revoked in accordance with section 87C section 87H
2: The Registrar must specify in the deduction notice—
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the bank must pay the amounts deducted; and
ba: that the amounts deducted must be paid to a person, or into a trust account, in accordance with section 208
c: the date on which the deduction notice takes effect, which date is not earlier than the date on which it was issued.
2A: The deduction notice issued by the Registrar must specify that if on any occasion the amount of a deduction required to be made is greater than the amount that is payable or becomes payable to the defendant, the amount to be deducted on that occasion is the amount that is payable or becomes payable to the defendant.
3: The Registrar must give the defendant a copy of the deduction notice.
4: Every bank to which a deduction notice is issued must, on request, give the defendant
5: If any question arises in any case as to the priority to be accorded to deduction notices issued under this section, the following have priority over those deduction notices:
a: 1 or more attachment orders or deduction notices made or given or issued under any of the following Acts:
i: the Social Security Act 2018
ii: the Family Proceedings Act 1980
iii: the Child Support Act 1991
iv: the Tax Administration Act 1994
b: the recovery of payments under regulations made under section 444
6: Every deduction notice is subject to section 87I Section 87B inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998 Section 87B(1) replaced 13 February 2012 section 22 Summary Proceedings Amendment Act 2011 Section 87B(1)﻿(b) amended 14 November 2018 section 65 Courts Matters Act 2018 Section 87B(1A) inserted 13 February 2012 section 22 Summary Proceedings Amendment Act 2011 Section 87B(2)﻿(b) replaced 9 October 2006 section 15(1) Summary Proceedings Amendment Act 2006 Section 87B(2)﻿(ba) inserted 9 October 2006 section 15(1) Summary Proceedings Amendment Act 2006 Section 87B(2A) inserted 9 October 2006 section 15(2) Summary Proceedings Amendment Act 2006 Section 87B(3) replaced 13 February 2012 section 11 Summary Proceedings Amendment Act 2011 Section 87B(4) amended 13 February 2012 section 11 Summary Proceedings Amendment Act 2011 Section 87B(5)﻿(a)﻿(i) amended 26 November 2018 section 459 Social Security Act 2018 Section 87B(5)﻿(b) amended 26 November 2018 section 459 Social Security Act 2018
87C: Revocation of deduction notices
1: The Registrar may revoke a deduction notice at any time by giving notice
2: At the request of the defendant, the Registrar must, in the manner specified in subsection (1), revoke the deduction notice if the Registrar is satisfied that the total amount due has been paid.
3:
4: Section 87C inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998 Section 87C(1) amended 13 February 2012 section 11 Summary Proceedings Amendment Act 2011 Section 87C(3) repealed 9 October 2006 section 16 Summary Proceedings Amendment Act 2006 Section 87C(4) repealed 9 October 2006 section 16 Summary Proceedings Amendment Act 2006
87D: Fine to be treated as being paid
1: All amounts deducted in accordance with a deduction notice are to be treated as having been paid by the defendant in satisfaction of the defendant's liability to pay the fine.
2: If any amounts are deducted in accordance with a deduction notice, the defendant's liability to pay the fine is not satisfied until the total amount due has been paid. Section 87D inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998
87E: Deduction notices issued on banks
1: When a deduction notice is issued to a bank, money held by the bank to the credit of the defendant is subject to the provisions of section 87B(1)
2: If a bank makes a deduction required by a deduction notice, neither the defendant nor any other person concerned has any claim against that bank, or the Crown, in respect of that deduction. Section 87E inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998
87F: Meaning of certain terms relating to banks
1: For the purposes of sections 87C 87E
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the defendant has made an application to withdraw or uplift the money.
2: For the purposes of subsection (1), money on deposit or deposited with a bank to the credit of the defendant includes money—
a: that is held in a joint bank account in the name of the defendant and 1 or more other persons; and
b: that can be withdrawn from the account by or on behalf of the defendant without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons. Section 87F inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998
87G: Offences in relation to deduction notices
A person commits an offence and is liable on
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted in accordance with section 208 Section 87G inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998 Section 87G amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 87G(b) amended 13 February 2012 section 23 Summary Proceedings Amendment Act 2011
87H: Variation or discharge of deduction notices
1: If a bank to which a deduction notice is issued or a defendant considers that a deduction notice has been issued in error, or contains an error, the bank or defendant may bring the matter to the attention of the Registrar specified in the notice.
2: If the matter is not rectified to the satisfaction of that bank or defendant (as the case may be) within 5 working days after the date on which that bank or defendant brings the matter to the attention of that Registrar, the bank or defendant may apply ex parte
3: If the court is satisfied that an error has been made and that the notice ought to be varied or discharged, the court may vary or discharge the notice, and make any other orders that it considers just in the circumstances.
4: The variation or discharge takes effect when notice of it is served on the bank or defendant (as the case may be) Section 87H inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998 Section 87H(4) amended 13 February 2012 section 11 Summary Proceedings Amendment Act 2011
87I: Penalty for late deductions
1: If a bank to which a deduction notice is issued fails, without reasonable excuse, to—
a: deduct the full amount or part of the amount required by the notice; or
b: pay the full amount or part of the amount required by the notice to the Registrar by the time specified in the notice,— the bank is liable to pay in accordance with section 208
2: The penalty referred to in subsection (1) must be calculated as follows:
a: on the amount in default, the greater of 10% of that amount or $5:
b: for each additional month or part of a month during which the amount in default or any part of that amount has not been deducted or has not been paid to the Registrar, a further penalty of the greater of 2% of that amount or part of that amount or $1.
3: If a penalty is payable by a bank under subsection (1), the Registrar, in his or her discretion, may remit the whole or part of that penalty if he or she is satisfied that—
a: the failure to make the deduction or make the payment was due to circumstances reasonably beyond the bank's control; or
b: in all the circumstances, the imposition of that penalty would be inequitable.
4: If the Registrar decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the Registrar may refund any excess.
5: Any amount payable Section 87I inserted 1 November 1998 section 23 Summary Proceedings Amendment Act (No 3) 1998 Section 87I(1) amended 13 February 2012 section 24(1) Summary Proceedings Amendment Act 2011 Section 87I(5) amended 13 February 2012 section 24(2) Summary Proceedings Amendment Act 2011
87J: Giving of notices
Section 87J repealed 13 February 2012 section 11 Summary Proceedings Amendment Act 2011
88: Actions if fine remains unpaid
1: This section applies if—
a: the Registrar has taken enforcement action under section 87(2) , (2A), or (2B)
b: the Registrar is satisfied that the defendant does not have the means to pay the fine; or
c: the Registrar is satisfied that—
i: reasonable steps have been taken to locate the defendant, but the defendant has not been located and therefore enforcement action would be unlikely to be effective; or
ii: for any other reason (and even though enforcement action has not been taken),
2: The Registrar may—
a: order that the defendant be brought before the Registrar; or
b: refer the matter to a District Court Judge or Community Magistrate with a report on the circumstances of the case.
3: If the Registrar refers a matter to a District Court Judge or Community Magistrate, the Registrar may order that the defendant be brought before the Judge or Community Magistrate.
4: For the purposes of subsection (2)﻿(a) or (3), the Registrar may, if necessary, issue a warrant for the arrest of the defendant.
5: Despite subsection (1), this section does not apply if the only amount that remains unpaid is an offender levy. Section 88 replaced 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88(1)﻿(a) amended 14 November 2018 section 66(1) Courts Matters Act 2018 Section 88(1)﻿(c)﻿(ii) amended 14 November 2018 section 66(2) Courts Matters Act 2018
88AA: Form and execution of warrant for arrest
1: A warrant for arrest issued under section 88(4)
2: In addition to subsection (1), the following provisions apply to the warrant for arrest:
a: information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant for the arrest of the defendant:
b: the warrant is valid for a period of 7 days beginning on the date of its printing, and the warrant then lapses:
c: at any time and from time to time after a warrant lapses under paragraph (b),—
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
ii: a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant for the arrest of the defendant.
3: A constable or bailiff may execute a warrant for arrest issued under section 88(4)
4: This section does not limit any other provision of this Act.
5: For the purposes of this Act, a warrant to arrest is issued when a Registrar enters the details of that warrant into a computer system accessible to the Police or a bailiff. Section 88AA inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88AA(5) inserted 14 November 2018 section 67 Courts Matters Act 2018
88AB: Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(2)﻿(a)
If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(2)﻿(a)
a: the defendant must be brought before the Registrar:
b: the defendant is bailable as of right:
c: section 168 Part 3
d: for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may grant bail to the defendant, and Parts 1 to 3 section 21(1) Section 88AB inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88AB(c) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 88AB(d) replaced 4 September 2013 section 45(2) Bail Amendment Act 2013
88AC: Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(3)
If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(3)
a: the defendant must be brought before a District Court Judge or Community Magistrate or, if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
b: if the defendant is brought before the Registrar, the Registrar must appoint a time and place for the defendant to appear before a District Court Judge or Community Magistrate:
c: the defendant is bailable as of right:
d: section 168 Part 3
e: if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may grant bail to the defendant, and Parts 1 to 3 section 21(1) Section 88AC inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88AC(d) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 88AC(e) replaced 4 September 2013 section 45(3) Bail Amendment Act 2013
88AD: Powers of Registrar in relation to defendant brought before Registrar
1: If a defendant is brought before a Registrar under section 88(2)﻿(a)
2: The Registrar may also—
a: invoke 1 or more of the enforcement actions in section 87(2)
b: enter into an arrangement with the defendant under section 86
c: if the Registrar is satisfied that neither of the actions described in paragraphs (a) and (b) will be effective, refer the defendant to a District Court Judge or Community Magistrate with a report on the case (in which case sections 88(3) and (4) 88AA 88AC Section 88AD inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011
88AE: Powers of District Court Judge or Community Magistrate after considering report of Registrar under section
88(2)﻿(b) or 88AD(2)﻿(c)
1: After considering the report of the Registrar prepared under section 88(2)﻿(b) 88AD(2)﻿(c)
a: refer the matter to the Registrar with a direction that 1 or more of the enforcement actions referred to in section 87(2) or (2A)
ab: if the total amount of any fine or fines owed by the defendant is $50,000 or more and the District Court Judge or Community Magistrate is satisfied that a sale order will not cause undue hardship to the defendant or the dependants of the defendant, make a sale order in a form approved under section 209A Land Transfer Act 1952 section 100RA
b: subject to section 106E
c: subject to sections 80A to 80ZM section 106E
d: subject to sections 69B to 80 section 106E
e: subject to sections 55 to 80 section 106E
f: direct that action be taken for a lesser amount than the fine due; or
g: if the amount that the defendant owes for 1 unpaid fine, or in total for more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken to enforce 1 or all of the fines making up the total owing by the defendant as if the fine or fines were an order for the payment of money and as if the Registrar had obtained the order; or
h: direct that a greater time for payment of the fine be allowed, subject to any conditions that the Judge or Community Magistrate may direct; or
i: direct that no further enforcement proceedings be taken for the fine for any period or subject to any conditions that the Judge or Community Magistrate may direct; or
j: remit the fine or a part of the fine.
2: A Community Magistrate may not—
a: direct the issue of a warrant of commitment under subsection (1)﻿(b):
b: sentence a defendant to a sentence of home detention under subsection (1)﻿(c).
3: If a Community Magistrate considers that the issue of a warrant of commitment or a sentence of home detention is appropriate in any case, the Community Magistrate must refer the matter to a District Court Judge (in which case sections 167 to 170
4: Despite subsection (1), a period of imprisonment or a sentence of home detention must not be imposed on the defendant for a fine if—
a: the fine was imposed for a traffic offence (as defined in section 2(1) Oranga Tamariki Act 1989
b: at the date of the commission of the offence, the defendant was a young person within the meaning of that Act.
5: If a District Court Judge or Community Magistrate exercises any power conferred by subsection (1) and considers it appropriate to do so, he or she may also make an order under section 88AG
6: The remission of the whole or any part of an amount of reparation does not affect the right of the person who suffered the harm, loss, or damage to bring civil proceedings, or make claims under any accident compensation legislation applicable at the time of the offending, to recover the amount so remitted. Section 88AE inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88AE heading amended 26 March 2015 section 7(1) Summary Proceedings Amendment Act 2015 Section 88AE(1) amended 26 March 2015 section 7(2) Summary Proceedings Amendment Act 2015 Section 88AE(1)﻿(a) amended 29 October 2019 section 68(1) Courts Matters Act 2018 Section 88AE(1)﻿(ab) inserted 29 October 2019 section 68(2) Courts Matters Act 2018 Section 88AE(3) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 88AE(4)﻿(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
88AF: Further provisions relating to powers of District Court Judge or Community Magistrate in section 88AE
1: A warrant of commitment or a sentence of community work, community detention, or home detention may be issued or imposed under section 88AE(1) charge
2: Any warrant of commitment directed to be issued under section 88AE(1)﻿(b)
3: If any direction is given under section 88AE(1)﻿(f)
4: If a District Court Judge or Community Magistrate makes any order (other than a direction for the issue of a warrant of commitment) under section 88AE Section 88AF inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011 Section 88AF(1) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
88AG: Power of District Court Judge or Community Magistrate to order return of defendant
1: If a District Court Judge or Community Magistrate makes any order (other than an order that directs the issue of a warrant of commitment) under section 88AE
2: A constable or bailiff may execute an order for the return of the defendant issued under subsection (1).
3: If a fine is being paid by attachment order, no order issued under subsection (1) for the return of a defendant may be executed until the time that the Registrar has confirmed with the employer that no periodic payment or payments have been made and the reason why no payment or payments have been made.
4: If a defendant is detained in accordance with an order issued under subsection (1), the provisions of section 88AC Section 88AG inserted 13 February 2012 section 25 Summary Proceedings Amendment Act 2011
88A: Civil enforcement of fines
1: If, under section 88AE(1)﻿(g)
2: The order deemed to have been made under subsection (1) may be enforced as if that order were a final order for the payment of money and as if the Registrar were the relevant judgment creditor.
3: The Registrar may take steps, under section 120
4: Action to enforce the order deemed to have been made under subsection (1) must be taken—
a: under the District Court Act 2016 District Court Rules 2014
b: under the High Court Rules 2016 Section 88A replaced 13 February 2012 section 27 Summary Proceedings Amendment Act 2011 Section 88A(3) amended 1 March 2017 section 261 District Court Act 2016 Section 88A(4)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 88A(4)﻿(b) amended 18 October 2016 section 183(c) Senior Courts Act 2016
88B: Remission of fine
1: The Registrar may make an order remitting an amount of reparation if—
a: the amount outstanding is $25 or less; and
b: the amount of reparation was imposed at least 3 years before the date on which the Registrar makes the order remitting it; and
c: the Registrar has—
i: obtained the consent of the person who suffered the harm, loss, or damage; or
ii: made reasonable efforts to find the person who suffered the harm, loss, or damage to obtain his or her consent, and has not been able to find that person and obtain his or her consent.
2: The Registrar may make an order remitting any fine that does not include reparation if—
a: the amount outstanding is not greater than $50 or any other amount prescribed by regulations made under section 212; and
b: the fine was imposed at least 1 year before the date on which the Registrar makes the order remitting the fine.
3: The Registrar may at any time make an order remitting any fine other than reparation if the Registrar is satisfied that the defendant is a deceased individual or a body corporate or an unincorporated body that has been wound up.
4: For the purposes of subsections (1) to (3), court costs or other costs that are referable to any reparation must be excluded from that reparation.
5: The Registrar may at any time make an order remitting any amount of court costs and costs associated with the enforcement of a fine, including court costs and costs associated with the enforcement of reparation or any offender levy.
6: The Registrar may at any time make an order remitting any fine that is lower than the lowest amount expressed on any coin that is legal tender in New Zealand. Section 88B replaced 23 July 2011 section 27 Summary Proceedings Amendment Act 2011
89: Rights of representation and appeal
1: Every defendant attending before a District Court Judge or Community Magistrate pursuant to any provision of sections 88 to 88AG lawyer
2: If a defendant is sentenced to community work, community detention, or home detention under section 88AE(1) section 244
3: On any such appeal under section 244 section 251 section 88AE(1) Section 89 replaced 30 June 1998 section 22(1) Summary Proceedings Amendment Act (No 2) 1998 Section 89(1) amended 14 November 2018 section 69 Courts Matters Act 2018 Section 89(1) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011 Section 89(2) replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 89(3) replaced 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
90: Scale of imprisonment for non-payment of fine
The period of imprisonment imposed under this Act in respect of the non-payment of 1 or more fines , for each fine,
a: in the case of an offence that was punishable by a period of imprisonment of more than 3 months
b: in any other case, a period of 3 months. 1957 No 87 s 103 Section 90 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 90 amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011 Section 90(a) amended 13 February 2012 section 28 Summary Proceedings Amendment Act 2011
91: Defendant on substituted sentence to be discharged on payment of fine
1: On the payment of 1 or more fines
2: On the payment of 1 or more fines
3: If a defendant who is subject to a period of imprisonment or any sentence referred to in subsection (2) makes part payment of not less than 10% of the total amount for which the period of imprisonment or sentence was imposed, the Registrar must immediately—
a: calculate the amount of the part payment as a proportion of the total amount for which the period of imprisonment or sentence was imposed; and
b: reduce the period of imprisonment or the sentence by the number of hours or days (whichever applies) that, as nearly as possible, bears the same proportion as the proportion referred to in paragraph (a); and
c: notify the prison manager or the probation officer supervising the sentence of the payment and the reduction in the defendant's period of imprisonment or sentence.
4: On completion of a term of imprisonment or any sentence referred to in subsection (2), the fine in respect of which the term of imprisonment or the sentence was imposed is remitted. Section 91 replaced 13 February 2012 section 29 Summary Proceedings Amendment Act 2011 Section 91(1) amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011 Section 91(2) amended 13 February 2012 section 46 Summary Proceedings Amendment Act 2011
92: Effect of warrant of commitment
A warrant of commitment issued under section 83(2)﻿(b) section 88AE(1)﻿(b) prison section 90 , or section 19 section 88AE(1)﻿(f) 1957 No 87 s 102 Section 92 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 92 amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 92 amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011 Section 92 amended 13 February 2012 section 30 Summary Proceedings Amendment Act 2011 Section 92 amended 1 June 2005 section 206 Corrections Act 2004 Disclosure of default balances to certain authorised persons Heading inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011
92A: Interpretation
1: In this section and in sections 92B to 92I access code agency
a: means any person or body of persons whether incorporated or not, and whether in the public sector or the private sector; and
b: for the avoidance of doubt, includes a department credit reporter credit reporting code of practice Privacy Act 2020 fine status query fine status response fines enforcement records Schedule 4 identifying particulars
a: in the case of an individual, the individual's—
i: full name; and
ii: former names and aliases (if any); and
iii: sex; and
iv: date of birth; and
v: current address; and
vi: previous addresses (if applicable), but not more than 2; and
vii: occupation (if applicable); and
viii: employer (if any) identified by name; and
ix: driver licence number (if any) as defined in the credit reporting code of practice; and
x: driver licence card number (if any) as defined in the credit reporting code of practice; and
b: in the case of a person that is not an individual, the person's—
i: full name; and
ii: current address; and
iii: previous addresses (if applicable), but not more than 2; and
iv: trading name (if applicable) query subject section 92D recognised user
a: is a credit reporter; or
b: is a member of a class of persons specified by regulations made under section 92I
c: the Minister for Courts has, in accordance with criteria prescribed by regulations made under section 92I subscriber
2: Subparagraphs (ix) and (x) of the definition of identifying particulars Section 92A inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92A(1) agency replaced 1 December 2020 section 217 Privacy Act 2020 Section 92A(1) credit reporting code of practice amended 1 December 2020 section 217 Privacy Act 2020 Section 92A(1) fines enforcement records amended 1 December 2020 section 217 Privacy Act 2020
92B: Purpose of disclosure and use of information
1: The purpose of sections 92C to 92I
2: In order to achieve that purpose, sections 92C to 92I
a: authorise the chief executive to disclose fine status responses to recognised users to enable—
i: credit reporters to report that information to subscribers; and
ii: recognised users other than credit reporters to assess the creditworthiness of query subjects and to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
b: authorise credit reporters to disclose fine status responses—
i: to subscribers to enable them to assess the creditworthiness of query subjects:
ii: to subscribers who are credit providers, to enable them to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
c: authorise the chief executive to use identifying particulars received from recognised users to enhance the accuracy and completeness of the fines enforcement records:
d: require the chief executive to monitor the compliance of recognised users and to audit their records for that compliance. Section 92B inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92B(2)﻿(b) replaced 14 November 2018 section 70 Courts Matters Act 2018
92C: Access codes
1: If satisfied that an agency is a recognised user, the chief executive may issue to the agency an access code.
2: The access code may be issued subject to any conditions or restrictions that the chief executive considers appropriate.
3: If satisfied that a recognised user has breached any provision of this Act or regulations made under section 92I
4: If the chief executive is satisfied that the access code of a recognised user should not have been cancelled or that any breach on the part of any recognised user whose access code has been cancelled is unlikely to recur, the chief executive may issue to that recognised user another access code. Section 92C inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011
92D: Recognised user may submit fine status query
1: A fine status query must—
a: be sent in a manner approved by the chief executive; and
b: identify the recognised user; and
c: set out the identifying particulars of the query subject; and
d: provide an assurance that—
i: the query subject has consented to the submission of a fine status query that includes the identifying particulars of the query subject, and to the disclosure of any resulting fine status response to the recognised user and, if the recognised user is a credit reporter, also to any subscriber on whose behalf the fine status response is sought; and
ii: if the fine status query is sent by a credit reporter, the credit reporter is acting on a request by a subscriber.
2: A recognised user who sends a fine status query must keep, for the period specified by regulations made under section 92I assurance of the Section 92D inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92D(2) amended 26 March 2015 section 8 Summary Proceedings Amendment Act 2015
92E: Fine status response by chief executive
1: When the chief executive receives a fine status query, the chief executive must, where practicable, perform, or have an electronic system perform, the following operations:
a: check if the fine status query has been submitted by a recognised user:
b: if the identity of the recognised user is confirmed, compare the identifying particulars of the query subject with identifying particulars recorded in the fines enforcement records:
c: if the identifying particulars of the query subject in the fine status query are, according to prescribed criteria, shown to correspond with those of a defendant recorded in the fines enforcement records as having a default balance, the chief executive must send the recognised user a fine status response stating that, as at the date of the response, the query subject has a default balance and the amount of that balance:
d: in any case to which paragraph (c) does not apply, the chief executive must send the recognised user a fine status response stating that the identifying particulars of the query subject do not correspond with the identifying particulars of any defendant shown in the fines enforcement records as having a default balance.
2: If compliance with subsection (1) is for any reason impracticable, the chief executive must notify the recognised user that the fine status query cannot be processed and may ask the recognised user to submit another fine status query. Section 92E inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011
92F: Disclosure and use of fine status response restricted
1: A recognised user may not disclose the information contained in a fine status response unless the decision is made—
a: for the purpose of making the information available, in accordance with the Privacy Act 2020
b: for the purposes of an audit conducted under section 92H section 100K
c: in accordance with subsection (2), in any case where the recognised user is a credit reporter.
2: A credit reporter may only disclose the information contained in a fine status response to the subscriber who requested the information, and only if the disclosure is made not later than 24 hours after receipt, under section 92E
3: A person who contravenes this section or who discloses or uses information in contravention of any regulations made under section 92I Parts 5 6 section 69(2)﻿(a)﻿(i) Section 92F inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92F(1)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 92F(3) replaced 1 December 2020 section 217 Privacy Act 2020
92G: Query subject to be notified of proposed combination of information
1: This section applies where—
a: the identifying particulars submitted in a fine status query about a query subject diverge in 1 or more respects (the diverging particulars
b: the chief executive nevertheless has reason to believe that the identifying particulars are those of that defendant; and
c: the chief executive proposes to combine the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant.
2: Before the chief executive combines the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant, the chief executive must first comply with section 181
3: If, following the chief executive's compliance with section 181
4: If the recognised user is a credit reporter who has disclosed the information contained in the fine status response to a subscriber, the credit reporter must promptly advise the subscriber of the corrected information.
5: For the purposes of section 100K Section 92G inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92G(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 92G(3) amended 1 December 2020 section 217 Privacy Act 2020
92H: Monitoring and audits by chief executive
1: The chief executive must—
a: monitor the compliance of recognised users with sections 92D 92F section 92I or restrictions
b: in accordance with regulations made under section 92I
2: In performing the chief executive's functions under subsection (1), the chief executive must periodically report to the Privacy Commissioner on the performance of the chief executive's functions under that subsection.
3: The chief executive must—
a: monitor his or her compliance with sections 92C to 92G section 92I
b: report to the Privacy Commissioner, at agreed intervals, on that compliance. Section 92H inserted 13 February 2012 section 31 Summary Proceedings Amendment Act 2011 Section 92H(1)﻿(a) amended 14 November 2018 section 71 Courts Matters Act 2018
92I: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister for Courts, make regulations for all or any of the following purposes:
a: prescribing the criteria to be applied by the Minister for Courts in authorising agencies as recognised users:
b: specifying classes of persons for the purposes of the definition of recognised user in section 92A
c: prescribing the procedure, requirements, or other matters in relation to the cancellation of access codes, including the circumstances when access codes may be suspended immediately pending their proposed cancellation and when prior notice about the proposed cancellation and the opportunity for submissions in that respect are required to be given to the recognised user concerned:
d: providing for the manner in which fine status responses are disclosed to recognised users:
e: providing for the manner in which identifying particulars received from recognised users are processed:
f: requiring recognised users to take all reasonable steps to ensure that a query subject's driver licence number (if any) or driver licence card number (if any), or both, are obtained from the query subject by or on behalf of the recognised user each time a fine status query is submitted:
g: prescribing criteria for assessing whether the identifying particulars of a query subject in a fine status query correspond with those of a person shown in the fines enforcement records as having a default balance:
h: prescribing criteria by which divergences in particulars are to be regarded, or are not to be regarded, as diverging particulars for the purposes of section 92G
i: prescribing restrictions on the disclosure and use, by recognised users and subscribers, of the information contained in fine status responses, including, without limitation, restrictions on combining that information with other information:
j: prescribing the manner in which the information contained in a fine status response may be disclosed by a recognised user who is a credit reporter to the subscriber who requested the information:
k: prescribing the period for which fine status responses may be retained or used by recognised users and subscribers, and requiring the destruction of those responses on the expiry of specified periods:
l: providing for the manner and timing of audits conducted under section 92H
m: prescribing, for audit purposes, the kinds of records that recognised users must keep in respect of fine status queries and fine status responses, and the manner in which, and the duration for which, those records must be kept:
n: providing for an agency's agency section 92A
o: prescribing the fees that are payable in respect of access codes allocated by the chief executive, fine status queries, or fine status responses.
2: Before the Minister for Courts recommends the making of regulations under subsection (1), the Minister must—
a: consult the Privacy Commissioner; and
b: be satisfied that the proposed regulations are consistent with the purpose stated in section 92B(1)
3: Subsection (1)﻿(f) does not apply unless the definition of credit information in the credit reporting code of practice includes driver licence numbers and driver licence card numbers.
4: This section does not limit section 212
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 92I inserted 23 July 2011 section 31 Summary Proceedings Amendment Act 2011 Section 92I(1)﻿(n) amended 26 March 2015 section 9(a) Summary Proceedings Amendment Act 2015 Section 92I(1)﻿(n) amended 26 March 2015 section 9(b) Summary Proceedings Amendment Act 2015 Section 92I(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Written cautions in case of certain traffic fines Heading inserted 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
93: Written caution to person holding interest in motor vehicle
1: If a defendant defaults in paying any traffic fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may order that a written caution be issued and served on any person who appears to own or to have an interest in the motor vehicle.
2: Despite subsection (1), a written caution is not to be served—
a: on anyone if the Registrar is satisfied that the motor vehicle—
i: was stolen or converted at the material time; or
ii: was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
b: on a person who the Registrar is satisfied is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant.
3: The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a traffic fine for any further traffic offence committed—
a: while using a motor vehicle in which the person has an interest as owner or otherwise; and
b: within 4 years after the date on which the written caution is served on the person.
4: A written caution must provide the following information:
a: the name and identifying details of the defendant:
b: the relevant traffic fine that the defendant has defaulted in paying:
c: the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed:
d: that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2) has been established to the satisfaction of the Registrar:
e: the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient. Section 93 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
93A: Seizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100
Section 93A repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
94: Review of written caution
1: A person served with a written caution under section 93
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.
3: The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary.
4: If the Judge is satisfied that a ground stated in subsection (1) applies, the following provisions apply:
a: the Judge must cancel the written caution served on the applicant:
b: if the ground for cancelling the applicant's written caution is that stated in subsection (1)﻿(a) or (d), the Judge must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:
c: the Registrar must notify every person (including the applicant) whose written caution is cancelled of that outcome:
d: if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person. Section 94 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
94A: Personal property securities register to be checked
Section 94A repealed 1 December 2009 section 7 Summary Proceedings (Vehicle Seizure) Amendment Act 2009
94B: Immobilisation of motor vehicles
Section 94B repealed 1 December 2009 section 7 Summary Proceedings (Vehicle Seizure) Amendment Act 2009
95: Written caution of no effect if fine quashed or set aside
1: If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.
2: If a written caution ceases to have effect under subsection (1), the Registrar must notify every person served with the written caution of that outcome. Section 95 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
96: Challenge of seizure by persons treated as substitutes
1: If a motor vehicle is seized on the basis that the person who owns or appears to own it or has or appears to have an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds:
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
e: the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences:
f: the person had not, before the commission of the relevant traffic offence, been served with a written caution under section 93
2: Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.
3: The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary.
4: The Judge may order the return of the motor vehicle if satisfied that—
a: a ground stated in subsection (1)﻿(a) or (d) applies; or
b: another ground stated in subsection (1) applies to the applicant and to every other person who is treated as a substitute for the defendant; or
c: it would, in the circumstances, be unreasonable for the vehicle to be sold or disposed of. Section 96 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Seizure, release, and sale of property Heading inserted 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
97: Purposes of sections 98 to 100T
The purposes of sections 98 to 100T
a: to enable a fine or any fines in default to be collected more effectively through the seizure and, where appropriate, sale of real and personal property
b: in cases where the fine or fines in default relate to traffic offending, to reduce opportunities for offending of that kind. Section 97 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 97(a) amended 29 October 2019 section 72 Courts Matters Act 2018
98: Warrant to seize property
1: If any warrant to seize property is issued under section 83(2)﻿(a) 87(2)﻿(a) 88AE(1)﻿(a)
a: any property that is apparently the property of the defendant:
b: any motor vehicle that is apparently the property of the substitute if the warrant is issued for a traffic fine and there is a substitute for the defendant.
2: Every warrant to seize property of the kind described in subsection (1)﻿(a) or (b), or both, must—
a: be in a form approved under section 209A
b: contain full details of the fine and the amount remaining unpaid in respect of the fine.
3: A warrant to seize property referred to in subsection (1) may be in the form of a computer printout of information entered by a Registrar into a computer system accessible to the Police or a bailiff.
4: In addition to subsection (3), the following provisions apply to the warrant to seize property:
a: information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant to seize property:
b: the warrant is valid for a period of 28 days beginning on the date of its printing, and the warrant then lapses:
c: at any time and from time to time after a warrant lapses under paragraph (b),—
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
ii: a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant to seize property.
5: A constable or bailiff may execute a warrant to seize property referred to in subsection (1) or a computer printout that, under this section, constitutes a warrant to seize property.
6: Subsection (3) does not limit any other provision of this Act. Section 98 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
99: Seizure of property
1: For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that property in respect of which the warrant is issued is on the premises.
2: If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person and demand payment.
3: Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.
4: Without limiting anything in section 100C
5: When property is seized under a warrant to seize property, the bailiff or constable must promptly give the defendant or the substitute a notice in a form approved by the chief executive—
a: identifying the property seized; and
b: directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the property and to give the Registrar the name and address of any other person who owns or has an interest (including a lease or security interest) in the property.
6: The notice required to be given by subsection (5) must be delivered to the defendant or the substitute, or left for the defendant or the substitute in a conspicuous place at the premises from which the property is seized, or sent to the defendant or the substitute by ordinary post, fax, email, or other electronic means. Section 99 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100: Seizure of motor vehicles impounded under Land Transport Act 1998
1: Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 96A
2: The power to seize a motor vehicle described in subsection (1) is not limited by any appeal pending under section 102 110 Section 100 replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Seizure, release, and sale of motor vehicles Heading repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100A: Seizure of motor vehicle not precluded by low value or low interest
Consistent with the purposes stated in section 97 Section 100A replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100B: Seized property to be retained by or for Registrar
1: The bailiff or constable executing a warrant to seize property must ensure that property seized under the warrant is—
a: taken to the Registrar; or
b: if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar.
2: If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242
a: the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and
b: no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.
3: The Registrar must ensure the seized property is retained until the fine is paid or the property is sold, or assigned or applied, or otherwise disposed of or released in accordance with a determination of the Registrar or a District Court Judge. Section 100B replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100C: Immobilisation of motor vehicles
1: Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.
2: No motor vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, it is—
a: on private property; or
b: in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.
3: Where any motor vehicle is immobilised under subsection (1), any bailiff or constable—
a: may at any time seize the vehicle:
b: must, on the direction of a Registrar, seize the vehicle.
4: When a motor vehicle is seized under subsection (3), section 100B
5: If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1), the fine remains unpaid or is not resolved, the Registrar must direct a bailiff or constable to seize the vehicle.
6: Every person commits an offence and is liable on
a: tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or
b: removes, or attempts to remove,—
i: a motor vehicle to which a device is, or has been, attached under subsection (1); or
ii: any part of that vehicle; or
iii: any other property from that vehicle. Section 100C replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100C(6) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
100D: Personal property securities register to be checked
1: If property is seized under a warrant to seize property, the Registrar must, on the next working day after the property is seized, check whether a financing statement that relates to the property has been registered on the personal property securities register kept under the Personal Property Securities Act 1999
2: If a financing statement has been registered, the Registrar must promptly notify the person named as the secured party (including any lessor) in the financing statement of the following:
a: that the Registrar may, under section 100P
i: the defendant; or
ii: where the property is a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute:
b: the rights that may be available to the person under sections 100H 100J 100Q Section 100D replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100E: Release of property if fine and other costs paid or if certain appeals successful
1: Any property (whether real property or personal property)
a: the fine:
b: if the property is a motor vehicle that has been impounded under section 96 96A
c: all costs incurred in seizing, transporting, and storing the property.
2: Subsection (1) applies even though claims under any of sections 100F 100H 100J
3: If the property is a motor vehicle that has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)﻿(a) are ones imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.
4: If the property is a motor vehicle that has been seized while impounded under section 96 96A
5: Subsection (4) is subject to section 100L(1)﻿(a) and (3)
6: If an appeal under section 102 110 section 96 96A
a: the Registrar must release the motor vehicle to the person who is registered in respect of that vehicle; and
b: that person is not liable for any fees and costs payable under an enactment in respect of the motor vehicle.
7: Subsection (6)—
a: applies despite subsection (1) and sections 100F to 100J 100L 100P
b: does not apply if the motor vehicle has already been released to a lessor or secured party under section 100H 100L(1)﻿(a) section 100P Section 100E replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100E(1) amended 29 October 2019 section 73 Courts Matters Act 2018
100F: Release of property to certain owners
1: If satisfied that the defendant does not own the seized property (whether real property or personal property)
a: the person is the owner of the property; and
b: in the case of a motor vehicle seized in respect of a traffic fine, the person is not a substitute for the defendant or a nominee for the defendant or the substitute.
2: If a person other than the defendant claims to own the property and the Registrar is not satisfied of the matters specified in subsection (1), the Registrar must issue a summons in a form approved under section 209A
3: The issue of a summons under subsection (2) stays any action brought in respect of the claim.
4: Where a summons has been, or is to be, issued under subsection (2), the Registrar may release the property to the defendant or, if applicable in the case of a motor vehicle, to the substitute for the defendant if a deposit is paid or security is provided for whichever is the lesser of—
a: the value of the seized property; or
b: the fine in default, including the costs incurred in seizing, transporting, and storing the property, and any impoundment costs.
5: In any case where a motor vehicle has been seized while impounded under section 96 96A
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100P Section 100F replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100F(1) amended 29 October 2019 section 74 Courts Matters Act 2018
100G: Determination of claim by owners
1: In determining a claim under section 100F(2)
a: the defendant does not own the property; and
b: in the case of a motor vehicle seized in respect of a traffic fine, the claimant is not a substitute for the defendant or a nominee for the defendant or the substitute.
2: The Judge may, if the property is a motor vehicle that has not yet been sold or otherwise disposed of, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply:
a: the motor vehicle was stolen or converted at the material time:
b: the person did not own or have an interest in the motor vehicle at the material time:
c: the person is a secured party under a security agreement relating to the motor vehicle, or is the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
d: the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998
3: In the case of a motor vehicle seized in respect of a traffic fine, the Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.
4: A person who claims to have acquired property from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine.
5: In any case where the motor vehicle has been seized while impounded under section 96 96A
a: may not be released under this section unless—
i: the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
ii: any impoundment costs have been paid into court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
b: may be sold under section 100P
6: If the claimant succeeds in the claim to the property,—
a: any deposit paid or security provided must be returned to the person who provided it; and
b: a District Court Judge may order the defendant to reimburse any person for any costs that have been paid into court under section 100Q
7: If the claimant does not succeed in the claim to the property, any deposit paid or security provided may be applied as if it were the proceeds of the sale of the property. Section 100G replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100H: Lessor may apply to Registrar
1: This section applies if—
a: the property seized (whether real property or personal property)
b: the lessor is not the defendant; and
c: in the case of a motor vehicle seized in respect of a traffic fine, the lessor is not a substitute for the defendant or a nominee for the defendant or the substitute.
2: The lessor may apply to the court, at any time before the Registrar has sold the property, for the release of the property to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the lease.
3: On an application under subsection (2), the Registrar or a District Court Judge may release the property to the lessor.
4: Property that is a motor vehicle may also be released under subsection (3) if it has been seized while impounded under section 96 96A
5: On the release of a motor vehicle
6: This section is subject to section 100M 2002 No 9 s 140 Section 100H replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100H(1)﻿(a) amended 29 October 2019 section 75(1) Courts Matters Act 2018 Section 100H(1)﻿(c) replaced 14 November 2018 section 75(2) Courts Matters Act 2018 Section 100H(5) amended 14 November 2018 section 75(3) Courts Matters Act 2018
100I: What happens if lessor does not apply to Registrar before property sold or disposed of
1: This section applies if—
a: section 100H
b: the lessor does not apply to the court for the release of the property (whether real property or personal property) section 100H(2)
c: the proceeds of the sale have not been fully applied.
2: The lessor may apply to the court for the release of the proceeds of the sale of the property that have not been applied.
3: On an application under subsection (2), the Registrar or a District Court Judge may release the proceeds of the sale of the property in accordance with subsections (4) and (5).
4: The proceeds of the sale of the property must be applied in accordance with section 100R 100RA , as the case requires, section 79
5: However, despite subsection (4), if section 100R
a: the proceeds of the sale of the property must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled under the lease; and
b: the proceeds of the sale of the property must be applied in the manner and order of priority set out in section 100R
i: in the case of a lease for a term of 1 year or less section 100R(1)﻿(a) and (b)
ii: in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) as if they were payments described in section 100R(1)﻿(c)
5A: Despite subsection (4), if section 100RA
a: the proceeds of the sale of the property must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled under the lease; and
b: the proceeds of the sale of the property must be applied in the manner and order of priority set out in section 100RA
i: in the case of a lease for a term of 1 year or less, those proceeds must be applied for the payment to the lessor described in paragraph (a) after they are applied for the payments described in section 100RA(1)﻿(a)
ii: in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) as if they were payments described in section 100RA(1)﻿(b)
6: On the release of the proceeds of the sale of the property to the lessor, the lease is cancelled. Section 100I replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100I(1)﻿(b) amended 29 October 2019 section 76(1) Courts Matters Act 2018 Section 100I(4) amended 29 October 2019 section 76(2) Courts Matters Act 2018 Section 100I(5) amended 29 October 2019 section 76(3) Courts Matters Act 2018 Section 100I(5)﻿(b)﻿(i) amended 26 March 2015 section 10 Summary Proceedings Amendment Act 2015 Section 100I(5A) inserted 29 October 2019 section 76(4) Courts Matters Act 2018
100J: Claims by secured parties
1: The Registrar, a Community Magistrate, or a District Court Judge property to be sold (whether real property or personal property)
2: The rights of a secured party may not be recognised under subsection (1) if the secured party is—
a: the defendant; or
b: in the case of a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute.
3: When a security agreement has been recognised under subsection (1), the Registrar must take the action prescribed in section 100K
a: the secured party is a person who enters into security agreements in the course of the person's business; and
b: the defendant is the debtor under the security agreement; and
c: the defendant has not become bankrupt or been put into liquidation since the date on which the defendant signed or assented to the security agreement (in this section and in section 100K agreement date
4: The Registrar must—
a: establish the agreement date—
i: from the security agreement or any other documentary evidence; or
ii: if the agreement date cannot be so established, by determining the agreement date on the basis of any information that the Registrar considers relevant:
b: ascertain, in accordance with section 100K Section 100J replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100J(1) amended 29 October 2019 section 77(1) Courts Matters Act 2018 Section 100J(1) amended 29 October 2019 section 77(2) Courts Matters Act 2018
100K: Certification of default balance
1: In order to assist the Registrar to ascertain whether the defendant had a default balance recorded against the defendant's name, the secured party may present to the Registrar evidence of a fine status response about the defendant.
2: On being satisfied of the authenticity of the evidence presented under subsection (1), the Registrar must accept the fine status response if—
a: the date to which the fine status response relates is not earlier than—
i: 20 working days before the agreement date; or
ii: 20 working days before the date on which the provision of credit secured under the security agreement was approved, where the Registrar is presented with satisfactory evidence of the date of that approval; or
b: where the fine status response does not come within paragraph (a), the Registrar is satisfied that, in providing the credit secured under the security agreement, the secured party relied on that fine status response, and that there are exceptional circumstances that justify that reliance.
3: If—
a: a fine status response accepted under subsection (2) does disclose a default balance consisting of 1 or more fines; and
b: the defendant still owes those fines in whole or part— the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
4: If—
a: there is no evidence, or no satisfactory evidence, of a fine status response or if a fine status response has not been accepted under subsection (2); and
b: as at the agreement date, the defendant had a default balance consisting of 1 or more fines; and
c: the defendant still owes those fines in whole or part— the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
5: If section 92D
6: In this section, fine status response section 92A Section 100K replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100L: Sale of secured property by secured party or by court
1: When the applicability of a default balance has been ascertained under section 100K (whether real property or personal property)
a: release the property to a secured party, at the request of the secured party, and direct the secured party to sell the property and account for the proceeds of sale in accordance with section 100N
b: order the sale of the property under section 100P
2: If the Judge or Registrar takes action under subsection (1)﻿(a) and 2 or more secured parties have requested the taking of that action, then the Judge or Registrar must release the property to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 8
3: If the property is a motor vehicle that has been seized while impounded under section 96 96A
4: A purchaser of property that is sold to the purchaser under a direction given under subsection (1)﻿(a) obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.
5: Subsection (1)﻿(a) is subject to section 100M Section 100L replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100L(1) amended 29 October 2019 section 78 Courts Matters Act 2018
100M: Certain payments required before release to lessor or secured party takes effect
1: An order for the release of property under section 100H(3) 100L(1)﻿(a)
a: if the property is a motor vehicle that has been impounded under section 96 96A
b: any costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part:
c: in the case of a secured party claiming under a security agreement, any applicable default balance certified under section 100K
2: Any payments required to be paid by subsection (1) must be paid within 7 days after the day on which the lessor or secured party is notified of the decision to release the property, or within any longer period specified by the Registrar in writing.
3: If the payments specified in subsection (1) are not paid in accordance with subsection (2), the property may be sold under section 100P Section 100M replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100N: Application of proceeds of sale by secured party
1: A person to whom property is released under section 100L(1)﻿(a)
a: account to the Registrar for the proceeds of the sale:
b: pay into court the proceeds of sale, less—
i: any amount paid under section 100M
ii: the amount owing under the security agreement relating to the secured property; and
iii: the amount of costs and expenses of, and incidental to, the sale.
2: The Registrar must then apply the balance remaining in accordance with section 100R(1)﻿(c) to (j) and (2) or section 100RA(1)﻿(b) to (g) Section 100N replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100N(1)﻿(b) replaced 14 November 2018 section 79(1) Courts Matters Act 2018 Section 100N(2) amended 14 November 2018 section 79(2) Courts Matters Act 2018
100O: Failure by secured party to sell or account for proceeds
1: If the secured party fails to comply with a direction under section 100L(1)﻿(a)
a: the Registrar must issue, in a form approved by the chief executive, a warrant to recover property; and
b: the property may be recovered under that warrant as the property of the defendant or (if the property is a motor vehicle seized from a substitute of the defendant) the substitute for the defendant; and
c: section 98
2: As soon as practicable after the property is delivered into a Registrar’s custody under subsection (1), the Registrar must arrange for the sale of the property as if it were a sale under section 100P section 100R(1) 100RA(1) or 100RA(3)
3: A secured party who fails, in whole or in part, to pay into court the money required under section 100N(1)﻿(b) Section 100O replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100O(2) amended 29 October 2019 section 80(1) Courts Matters Act 2018 Section 100O(2) amended 29 October 2019 section 80(2) Courts Matters Act 2018
100P: Sale or disposal of property
1: If any fine in respect of which property has been seized under a warrant to seize property or may be sold under a sale order
a: that the property be sold at public auction or in any other manner that the Judge or Registrar directs; or
b: in the case of a negotiable instrument, that the Registrar obtain payment under, assign, or otherwise dispose of the negotiable instrument; or
c: in the case of money, that the Registrar apply the money in accordance with section 100R
2: The relevant period referred to in subsection (1) is 7 days after the day on which the property was seized or a sale order was issued section 96 96A
a: the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or
b: the expiry of 8 days after the day on which the motor vehicle was seized.
3: A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242
a: is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and
b: in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and
c: must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.
4: Despite subsections (1) to (3), the Registrar may dispose of a motor vehicle in any manner that he or she thinks fit if the Registrar has reasonable grounds to believe that the motor vehicle is a low-value motor vehicle referred to in section 100A
5: If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold or disposed of under this section, apply, under the Land Transport Act 1998
6: The sale of a motor vehicle that has been seized while impounded under section 96 96A
7: In any case where a motor vehicle has been seized while impounded under section 96 96A
a: 7 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or
b: any longer period specified by the Registrar in writing.
7A: If real property is sold under this section, a District Court Judge or Community Magistrate must issue an order vesting the property in the person who bought it.
8: The sale of property by the Registrar is deferred by a pending claim in respect of the property only if the costs of storage have been paid under section 100Q section 100F
9: However, the property may be sold and the proceeds of the sale must be held until the pending claim is determined if—
a: the costs of storage have not been paid under section 100Q
b: a deposit has not been paid, or security has not been provided, under section 100F
10: The purchaser or assignee of property sold, or disposed of, under this section obtains as a consequence of this section,—
a: in the case of personal property, good title to the property free of all ownership and other proprietary interests held in the property before that sale or disposition:
b: in the case of real property, on registration, the estate or interests of the previous registered owner, freed of any registered mortgage, or charge. Section 100P replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100P heading amended 29 October 2019 section 81(1) Courts Matters Act 2018 Section 100P(1) amended 29 October 2019 section 81(2) Courts Matters Act 2018 Section 100P(2) amended 29 October 2019 section 81(3) Courts Matters Act 2018 Section 100P(7A) inserted 29 October 2019 section 81(4) Courts Matters Act 2018 Section 100P(10) replaced 29 October 2019 section 81(5) Courts Matters Act 2018
100Q: Registrar must defer sale if storage costs paid
1: Any person may pay into court the costs incurred by the court in storing any property and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the property.
2: A payment made under subsection (1) may not be less than the amount of the costs incurred in a period of 8 days. Section 100Q replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100R: Application of proceeds of sale
of personal property
1: When personal section 100P
a: if the property is a motor vehicle that has been impounded under section 96 96A
b: in payment of the costs of the sale (including all costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part preliminary to sale):
c: if 1 or more security agreements have been recognised under section 100J section 100K
d: in payment of any amount of reparation payable by the defendant:
e: in payment of any offender levy:
f: in payment of the fine specified in the warrant:
g: in payment to any secured party or secured parties of the applicable default balance or the applicable default balances certified under section 100K
h: in payment of any fees and accident insurance levies prescribed under section 242(2)﻿(b)
i: in payment of any road user charges under Road User Charges Act 2012
j: to the defendant or, as the case requires, to the substitute for the defendant.
2: If any proceeds of sale are required to be applied to 2 or more security interests under subsection (1)﻿(c), those proceeds must be applied in the order of the priority determined for those security interests by Part 7 8
3: If any proceeds of sale are required to be applied to 2 or more default balances under subsection (1)﻿(g), those proceeds must be applied to those default balances in the order of the priority determined for the applicable security interests by Part 7 8
4: If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1), except that the payments described in paragraphs (d) to (f) of that subsection are limited to amounts imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.
5: The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section. Section 100R replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011 Section 100R heading amended 29 October 2019 section 82(1) Courts Matters Act 2018 Section 100R(1) amended 29 October 2019 section 82(2) Courts Matters Act 2018
100RA: Application of proceeds of sale of real property
1: When real property is sold under section 100P section 88AE(1)﻿(ab)
a: in payment of the costs of the sale (including all costs incurred in selling the property and in complying with the provisions of this Part preliminary to sale):
b: if 1 or more security agreements have been recognised under section 100J section 100K
c: in payment of any amount of reparation payable by the defendant:
d: in payment of any offender levy:
e: in payment of the fine specified in the order:
f: in payment to any secured party or secured parties of the applicable default balance or the applicable default balances certified under section 100K
g: to the defendant.
2: If any proceeds of sale are required to be applied to 2 or more mortgages under subsection (1)﻿(f), those proceeds must be applied in the order of the priority determined for those mortgages by section 185
3: The Judge or a Community Magistrate may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under subsection (1) or (2). Section 100RA inserted 29 October 2019 section 83 Courts Matters Act 2018
100S: Remission of fine and costs of sale in certain cases involving motor vehicles
1: This section applies if the realisation under section 100N 100P
2: The Registrar must—
a: remit the impoundment costs and the costs of the sale of the motor vehicle (as those costs are described in section 100R(1)﻿(a) and (b)
b: remit—
i: the entire fine in default for which the motor vehicle was seized, if the amount of that fine is $100 or less; or
ii: $100 less any proceeds of that sale that have been applied towards paying the fine in default, if the amount of that fine is greater than $100. Example
A motor vehicle seized in respect of a fine sells for $350. The impoundment costs and the costs of the sale of that motor vehicle are $300. This leaves a balance of $50 to be deducted from the fine. However, the Registrar must remit a further $50 of the fine in order to comply with the requirement for $100 to be deducted from the fine.
3: The reference to fine
a: any reparation that the defendant is liable to pay, other than court costs and other costs that have been added to that reparation; and
b: any offender levy. Section 100S replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100T: Compensation to person with interest in property sold
1: This section applies if—
a: a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100P
b: the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property.
2: If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss.
3: Subsection (2) does not limit or affect any other remedy that a person may have in respect of loss referred to in that subsection. Section 100T replaced 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100U: Claims by creditors
Section 100U repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100V: Certain payments required before release to lessor or creditor takes effect
Section 100V repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100W: Application of proceeds of sale by creditor
Section 100W repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100X: Failure by creditor to sell or account for proceeds
Section 100X repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
100Y: Compensation to person with interest in motor vehicle sold
Section 100Y repealed 13 February 2012 section 32 Summary Proceedings Amendment Act 2011
101: Offence to interfere with or rescue property seized
Every person commits an offence who interferes with, or rescues or attempts to rescue, any property knowing it to be seized under a warrant to seize property and is liable on Section 101 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 101 amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
102: Protection of Registrar, bailiff, etc
No Registrar and no bailiff, constable or other officer shall be personally liable for any act done or omitted in good faith in the performance or purported performance of any power or function under this Act relating to the immobilisation of any vehicle or to sale, assignment, application, or Section 102 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 102 amended 13 February 2012 section 33 Summary Proceedings Amendment Act 2011 Section 102 amended 15 December 1994 Summary Proceedings Amendment Act 1994
102A: Resisting or obstructing bailiffs
1: If any person, without reasonable excuse, resists or obstructs a bailiff while the bailiff is executing a warrant for arrest issued under section 88(4) section 88AA
2: The Judge may order the person to pay a fine not exceeding $300.
3: This section does not prevent proceedings being taken against a person under some other Act instead of under this section. Section 102A inserted 1 November 1998 section 26 Summary Proceedings Amendment Act (No 3) 1998 Section 102A(1) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011
102B: Proceedings against bailiffs acting under warrants
1: No proceeding may be commenced against a bailiff for anything done under a warrant for arrest issued under section 88(4) section 88AA
a: a demand for inspection of the warrant and for a copy of the warrant is made or left at the office of the court by the party intending to bring the proceeding, or by his or her lawyer
b: the demand is in writing and is signed by the person making the demand; and
c: the bailiff refuses or neglects to comply with the demand within 6 days after it is made.
2: If any proceeding is commenced against a bailiff where a demand referred to in subsection (1) has been made and not complied with, judgment must be given for the bailiff if the warrant is produced or proved at the trial even though there may be a defect of jurisdiction or other irregularity in the warrant.
3: The Registrar who issued the warrant may be joined as a defendant in the proceeding and, if the Registrar is joined and judgment is given against the Registrar, the costs to be recovered by the plaintiff against the Registrar must include the costs that the plaintiff is liable to pay to the bailiff. Sections 102B inserted 1 November 1998 section 26 Summary Proceedings Amendment Act (No 3) 1998 Section 102B(1) amended 13 February 2012 section 26 Summary Proceedings Amendment Act 2011 Section 102B(1)﻿(a) amended 14 November 2018 section 84 Courts Matters Act 2018
103: Effect of attachment order
1: An attachment order under section 87(2)﻿(b) or (2B) 88AE(1)﻿(a) a form approved under section 209A sections 104 to 106B
1A: A copy of an attachment order must be served on the defendant.
2: 1957 No 87 s 95 Section 103 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 103(1) amended 14 November 2018 section 85(1) Courts Matters Act 2018 Section 103(1) amended 13 February 2012 section 34(b) Summary Proceedings Amendment Act 2011 Section 103(1A) inserted 14 November 2018 section 85(2) Courts Matters Act 2018 Section 103(2) repealed 1 April 1996 section 15 Summary Proceedings Amendment Act 1995
104: Attachment order to be served on employer
1: When an attachment order is made, a copy of the order must be served on the employer to whom it relates.
2:
3: Every attachment order shall take effect when a copy of the order is served on the employer in accordance with section 79A 79B 1980 No 94 s 105 Section 104 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 104(1) replaced 13 February 2012 section 11 Summary Proceedings Amendment Act 2011 Section 104(2) repealed 13 February 2012 section 11 Summary Proceedings Amendment Act 2011 Section 104(3) amended 13 February 2012 section 11 Summary Proceedings Amendment Act 2011
104A: Power to obtain information in respect of employers
1: This section applies if—
a: an attachment order is being made in respect of a defendant, or the Registrar is considering whether to vary, suspend, or cancel an attachment order made in respect of a defendant; and
b: the name, address, and telephone number of the employer of the defendant, or any of those details, are unknown or require clarification.
1A: If this section applies, a Registrar may
a: the name of the employer of the defendant:
b: the address of the employer of the defendant:
c: the telephone number of the employer of the defendant.
2: The Commissioner of Inland Revenue must comply with a requirement subsection (1A)
a: within a reasonable period; and
b: in the manner specified in the requirement
c: without imposing a charge.
2A: A requirement under subsection (1A) may be made by post or by fax, email, or other electronic means.
3: If the defendant has died and the Commissioner of Inland Revenue is aware of that fact, the Commissioner of Inland Revenue must advise the Registrar accordingly on receipt of a requirement Section 104A inserted 1 November 1998 section 27 Summary Proceedings Amendment Act (No 3) 1998 Section 104A(1) replaced 9 October 2006 section 22(1) Summary Proceedings Amendment Act 2006 Section 104A(1A) inserted 9 October 2006 section 22(1) Summary Proceedings Amendment Act 2006 Section 104A(1A) amended 13 February 2012 section 35(1) Summary Proceedings Amendment Act 2011 Section 104A(2) amended 13 February 2012 section 35(2)﻿(a) Summary Proceedings Amendment Act 2011 Section 104A(2) amended 9 October 2006 section 22(2) Summary Proceedings Amendment Act 2006 Section 104A(2)﻿(b) amended 13 February 2012 section 35(2)﻿(b) Summary Proceedings Amendment Act 2011 Section 104A(2A) inserted 13 February 2012 section 35(3) Summary Proceedings Amendment Act 2011 Section 104A(3) inserted 9 October 2006 section 22(3) Summary Proceedings Amendment Act 2006 Section 104A(3) amended 13 February 2012 section 35(4) Summary Proceedings Amendment Act 2011
105: Content of attachment orders
1: An attachment order must state—
a: when deductions are to be made, by reference to a period of a week, fortnight, month, or some other period (the earnings period
b: the amount or percentage to be deducted from the defendant's salary or wages for the earnings period; and
c: an amount or percentage below which the net amount paid to the defendant for the earnings period must not fall; and
d: that the money due and payable under the fine is, by way of the directed deductions, to be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the defendant.
2: The charge created by the attachment order—
a: accrues from earnings period to earnings period, and on a day within, or following, each period that is specified in the attachment order; and
b: attaches to all salary or wages that become due by the employer to the defendant at any time while the attachment order is in force, whether or not the contract of employment in respect of which the salary or wages so become due existed at the date of the attachment order; and
c: prevails over and has priority to any assignment or charge created by the defendant (whether before or after the making of the attachment order against the defendant), so that the attachment order has the same effect as if no such assignment or charge had been made or created.
3: Every attachment order applies for a fixed period stated in the order, and must not apply for a period of more than 5 years after the date on which the order is made by the Registrar or the chief executive
4: Despite subsections (1) and (2), no attachment order is to operate so that, when its effect is considered either alone or with the effect of any item specified in subsection (5), the net amount paid to a defendant for an earnings period is below the protected earnings rate for the earnings period; and, where necessary, the amount to be deducted from the defendant's salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
5: The items referred to in subsection (4) are—
a: a deduction notice or an attachment order under the Child Support Act 1991 Family Proceedings Act 1980 Social Security Act 2018 Tax Administration Act 1994
b: a deduction for the recovery of payments under regulations made under section 444
6: If any question arises in any case as to the priority to be accorded to an attachment order made under this Act, each of the items specified in subsection (5) has priority over that attachment order.
7: In this section,— net earnings Income Tax Act 2007 protected earnings rate
a: 60% of net earnings for the earnings period; and
b: the amount or percentage stated under subsection (1)﻿(c). Section 105 replaced 13 February 2012 section 36 Summary Proceedings Amendment Act 2011 Section 105(3) amended 14 November 2018 section 86 Courts Matters Act 2018 Section 105(5)﻿(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 105(5)﻿(b) amended 26 November 2018 section 459 Social Security Act 2018
106: Liability of employer
1: As long as an attachment order remains in force, the employer to whom it relates shall from time to time, whenever any money becomes due and payable by the employer to the defendant by way of salary or wages—
a: deduct from that money such sum as is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages becomes due and payable; and
b: not later than the 20th day of the month next after the month in which the deduction is made pay the amount so deducted to a person, or into a trust account, in accordance with section 208
2: All sums so deducted are hereby deemed to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the defendant.
3: All sums so deducted are hereby deemed to have been paid by the defendant in satisfaction of the defendant's liability to pay the fine.
4: If the defendant gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 7 days after receiving or giving the notice, notify the Registrar of the court in which the attachment order was issued or the chief executive, if the attachment order was made by the chief executive,
4A: If the employer to whom the attachment order relates ceases to pay salary or wages to the defendant for a reason other than the defendant's dismissal or resignation from the employment of the employer, the employer must, within 7 days after ceasing to pay the salary or wages, notify the Registrar of the court in which the attachment order was issued or the chief executive, if the attachment order was made by the chief executive,
5: Where the employer makes default in the payment of any money in satisfaction of any such charge, that money shall become a debt due by the employer to the Crown, and may be recovered by the Crown by action in any court of competent jurisdiction.
6: Every employer commits an offence and is liable on 1980 No 94 s 108 Section 106 replaced 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 106(1)﻿(b) amended 9 October 2006 section 23 Summary Proceedings Amendment Act 2006 Section 106(4) replaced 13 February 2012 section 37 Summary Proceedings Amendment Act 2011 Section 106(4) amended 14 November 2018 section 87 Courts Matters Act 2018 Section 106(4A) inserted 13 February 2012 section 37 Summary Proceedings Amendment Act 2011 Section 106(4A) amended 14 November 2018 section 87 Courts Matters Act 2018 Section 106(6) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
106A: Wrongful treatment of employee
Every employer commits an offence and is liable on
a: the employee having been ordered to pay 1 or more fines; or
b: an attachment order having been served on the employer; or
c: the employer becoming aware that an attachment order is being made or has been made in respect of the employee. Section 106A replaced 13 February 2012 section 38 Summary Proceedings Amendment Act 2011 Section 106A amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
106B: Extent to which attachment orders bind the Crown
1: In this section— employing department
a: a department of State in which a person is employed; and
b: in relation to a person to whom any retiring allowance or pension or other payment of a similar nature is payable—
i: out of the Government Superannuation Fund, the Government Superannuation Fund Authority
ii: out of the National Provident Fund, the Board of Trustees of the National Provident Fund servant of the Crown
2: Sections 104 to 106A
3: If the defendant liable to pay a fine is a servant of the Crown, an attachment order may be made against the Crown as employer. 1980 No 94 s 117 Section 106B inserted 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 106B(1) employing department replaced 1 October 1995 section 31 Government Superannuation Fund Amendment Act 1995 Section 106B(1) employing department amended 2 October 2001 section 40 Government Superannuation Fund Amendment Act 2001 Section 106B(3) replaced 13 February 2012 section 39 Summary Proceedings Amendment Act 2011
106C: Statement of salary or wages paid
For the purpose of determining the means of any defendant for the purposes of this Part, a statutory declaration given by or on behalf of any person stating that the person paid a stated amount of salary or wages to the defendant or in respect of a stated period as the defendant's employer shall, in the absence of evidence to the contrary, be sufficient evidence of the facts stated in the declaration. 1957 No 87 s 90 Section 106C inserted 1 November 1987 section 14 Summary Proceedings Amendment Act 1987
106D: Transfer of enforcement to another
office of If a fine has been ordered to be paid or an order has been made by a court or the Registrar of that court under this Part, that fine or order (as the case may be) is enforceable in another office of the Section 106D replaced 1 November 1998 section 29 Summary Proceedings Amendment Act (No 3) 1998 Section 106D heading amended 1 March 2017 section 261 District Court Act 2016 Section 106D amended 1 March 2017 section 261 District Court Act 2016
106E: Restrictions on substituted sentences
1: A District Court Judge or Community Magistrate must not impose a substituted sentence on a defendant for non-payment of 1 or more fines under this Part unless—
a: an assessment of the defendant's financial capacity has been recently completed, being an assessment that does not include information given by a third party unless it also gives details of the source of the information and the date to which the information relates; and
b: the Judge or Community Magistrate has considered the assessment; and
c: the Judge or Community Magistrate is satisfied that all other methods of enforcing the fine or fines have been considered or tried and that they are inappropriate or have been unsuccessful.
2: A District Court Judge or Community Magistrate may, subject to the restrictions set out in this section, sentence a defendant to community work or community detention for non-payment of 1 or more fines under this Part.
3: A District Court Judge may, subject to the restrictions set out in this section,—
a: sentence a defendant to home detention for non-payment of 1 or more fines under this Part:
b: issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant for non-payment of 1 or more fines under this Part.
4: In sentencing a defendant for non-payment of 1 or more fines under this Part, the court must impose the least restrictive sentence that is appropriate in the circumstances.
5: A District Court Judge or Community Magistrate must not sentence a defendant to a sentence of community detention in accordance with subsection (2) unless—
a: a pre-sentence report has been provided in accordance with section 26A
b: the Judge or Community Magistrate is satisfied of the matters in section 69C
6: A District Court Judge must not sentence a defendant to a sentence of home detention in accordance with subsection (3)﻿(a) unless—
a: a pre-sentence report has been provided in accordance with section 26A
b: the Judge is satisfied of the matters in section 80A(2)﻿(a)
c: either of the following applies:
i: the defendant is already undergoing a sentence of home detention or is about to be sentenced to home detention for another offence at the time that the Judge is considering sentencing the defendant for non-payment of 1 or more fines under this Part:
ii: the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
7: A District Court Judge must not issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant in accordance with subsection (3)﻿(b) unless—
a: the defendant has had the same opportunity for legal representation as is available to a defendant who is liable to a sentence of imprisonment under section 30
b: the warrant of commitment can be executed immediately; and
c: either of the following applies:
i: the defendant is already undergoing a sentence of imprisonment or is about to be sentenced to imprisonment for another offence at the time that the Judge is considering the sentence for the defendant for non-payment of 1 or more fines under this Part:
ii: the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
8: Subsection (7) is subject to section 83
9: Sections 19 20A Section 106E replaced 13 February 2012 section 40 Summary Proceedings Amendment Act 2011 Section 106E(9) amended 22 January 2014 section 60 Administration of Community Sentences and Orders Act 2013
106EA: Defendant may be arrested for assessment of financial capacity
1: Before a District Court Judge sentences a defendant to home detention, or issues or directs the issue of a warrant of commitment, under section 88AE(1)
2: In assessing the defendant's financial capacity to pay the fine or fines, a District Court Judge must take into account—
a: the court's assessment of the defendant's capacity to pay the fine or fines (whether based on the defendant's declaration of financial capacity or otherwise) when the fine or fines were imposed; and
b: any change of circumstances since that original assessment was made; and
c: the defendant's current financial position.
3: If a defendant is arrested under subsection (1), the provisions of section 88AC
4: If a District Court Judge directs that a warrant for the defendant's arrest be issued under subsection (1),—
a: the Registrar may issue the warrant; and
b: a constable or bailiff may execute the warrant. Section 106EA inserted 13 February 2012 section 40 Summary Proceedings Amendment Act 2011
106F: Review of Registrar's decision
1: Any defendant or other person affected by any order or decision made by a Registrar under section 78B 78C
2: On any such review the Judge may confirm, rescind, or vary the Registrar's order or decision and the order or decision shall have effect, or cease to have effect, accordingly.
3: If the decision to which the application under subsection (1) relates is a decision to issue a warrant to seize property and that warrant has been executed,—
a: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3)
b: if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N 100R
4: If, on the determination of the review, the Judge confirms the Registrar's decision to issue the warrant to seize property, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
5: If, on the determination of the review, the Judge rescinds the Registrar's decision to issue the warrant to seize property, the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (3)﻿(a); or
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (3)﻿(b); and
b: is not liable for any fees and costs payable under an enactment in respect of the property.
6: On a review of a Registrar's decision to issue a warrant to seize property, the Judge may, subject to subsection (5)﻿(b), make any order on any matter (including costs) that the Judge thinks just, having regard to all the circumstances of the case. 1957 No 87 s 98 Section 106F inserted 1 November 1987 section 14 Summary Proceedings Amendment Act 1987 Section 106F(1) amended 1 August 2012 section 41(1) Summary Proceedings Amendment Act 2011 Section 106F(3) inserted 13 February 2012 section 41(2) Summary Proceedings Amendment Act 2011 Section 106F(4) inserted 13 February 2012 section 41(2) Summary Proceedings Amendment Act 2011 Section 106F(5) inserted 13 February 2012 section 41(2) Summary Proceedings Amendment Act 2011 Section 106F(6) inserted 13 February 2012 section 41(2) Summary Proceedings Amendment Act 2011
106G: Actions under warrant to seize pending appeal
1: If a warrant to seize property is issued before a notice of appeal or an application for leave to appeal is filed under Part 6
a: if the warrant has not been executed, it is suspended until the appeal has been determined or abandoned:
b: if the warrant has been executed,—
i: any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained while the appeal is pending; or
ii: if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N 100R
2: If, on the determination or abandonment of the appeal, the determination in respect of which the warrant was issued continues in effect, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the notice of appeal had not been given.
3: If, on the determination or abandonment of the appeal, the determination in respect of which the warrant was issued is set aside, the owner—
a: is entitled to—
i: the return of the property if the property has been retained in accordance with subsection (1)﻿(b)﻿(i); or
ii: the proceeds of any sale if the proceeds have been retained in accordance with subsection (1)﻿(b)﻿(ii); and
b: is not liable for any fees and costs payable under an enactment in respect of the property. Section 106G inserted 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
106H: Application of Criminal Procedure Act 2011
Unless otherwise stated in section 78B Part 3 Criminal Procedure Act 2011 section 78B Section 106H inserted 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
4: Appeals
Part 4 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Appeals on points of law only by way of case stated Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
107: Appeal on question of law only by way of case stated
Section 107 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
108: No appeal on ground of improper admission or rejection of evidence
Section 108 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
109: District Court Judge Section 109 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
110: Certiorari not to be required when appeal upon case stated
Section 110 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
111: Case may be sent back for amendment
Section 111 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
112: High Court Section 112 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
113: Appeal on point of law may be removed into Court of Appeal
Section 113 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
114: Defendant appealing by way of case stated not allowed to appeal otherwise
Section 114 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
114A: Appeals from decisions of Community Magistrates
Section 114A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
114B: Appeal to High Court on question of law
Section 114B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 General appeals Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115: Defendant's general right of appeal to
High Court Section 115 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115A: Informant's right of appeal against sentence
Section 115A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115B: Right of appeal against sentence for contempt of court
Section 115B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115C: Right of appeal against decisions relating to publication of reports of proceedings or identifying particulars
Section 115C repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115D: Rights of appeal against decisions relating to bail
Section 115D repealed 1 January 2001 section 74(2) Bail Act 2000
115DA: Right of appeal against order for costs
Section 115DA repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115DB: Rights of appeal subject to Crimes Act 1961
Section 115DB repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
115E: Procedural provisions applying to appeals under section 115D
Section 115E repealed 1 January 2001 section 74(2) Bail Act 2000
116: Notice of appeal
Section 116 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
117: Transmission of notice of appeal to
High Court Section 117 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
118: Setting down appeal for hearing
Section 118 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
119: Procedure on appeal
Section 119 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
120: Defects in notice of appeal
Section 120 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
121: High Court to hear and determine appeal
Section 121 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
122: Power to clear court and forbid report of proceedings
Section 122 repealed 17 December 1985 Summary Proceedings Amendment Act (No 5) 1985 Provisions relating to all appeals Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
123: Powers of Judge of
High Court Section 123 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
124: Provisions as to issue of warrant pending appeal
Section 124 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
125: Granting of bail to appellant who is in custody
Section 125 repealed 1 January 2001 section 74(2) Bail Act 2000
126: Arrest of appellant who has absconded or is about to abscond while on bail
Section 126 repealed 1 August 1987 Summary Proceedings Amendment Act (No 2) 1987
127: Custody of appellant pending appeal
Section 127 repealed 1 January 2001 section 74(2) Bail Act 2000
128: Surrender of appellant released on bail and discharge of surety
Section 128 repealed 1 January 2001 section 74(2) Bail Act 2000
129: Abandonment of appeal
Section 129 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
130: Presentation of case by party in custody
Section 130 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
131: Power of
High Court Section 131 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
132: Amendment of conviction by substituting one offence for another
Section 132 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
133: Dismissal of appeal for non-prosecution
Section 133 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
134: Registrar to certify decision on appeal
Section 134 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
135: Execution of decision of
High Court Section 135 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
136: Custody of person after determination of appeal
Section 136 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
137: Resumption of sentence or order on determination of appeal
Section 137 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
137A: Provisions on determination of appeal where defendant sentenced to periodic detention
Section 137A repealed 1 September 1993 section 23 Summary Proceedings Amendment Act 1993
137B: Provisions on determination of appeal where defendant sentenced to community service
Section 137B repealed 1 September 1993 section 23 Summary Proceedings Amendment Act 1993
137C: Provisions on determination of appeal where defendant sentenced to community care
Section 137C repealed 1 September 1993 section 23 Summary Proceedings Amendment Act 1993
137D: Provisions on determination of appeal where non-association order made in respect of defendant
Section 137D repealed 1 September 1993 section 23 Summary Proceedings Amendment Act 1993
138: Revesting and restitution of property on conviction
Section 138 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
139: Estreat of bail bond where determination appealed against
Section 139 repealed 1 August 1987 Summary Proceedings Amendment Act (No 2) 1987
140: Orders as to costs
Section 140 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
141: Party giving notice of appeal and not prosecuting same may be ordered to pay costs
Section 141 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
142: Enforcement of order as to costs
Section 142 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
143: No court fees payable on appeal by person sentenced to detention
Section 143 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Appeal to Court of Appeal Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
144: Appeal to Court of Appeal
Section 144 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
144A: Appeal to Supreme Court
Section 144A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
144B: Powers of Court of Appeal and Supreme Court on appeal
Section 144B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
5: Committal proceedings for indictable offences
Part 5 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
145: Purpose and overview
Section 145 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
146: Interpretation
Section 146 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Commencement of proceedings under this Part Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
147: Proceedings under this Part
Section 147 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Information, summons, and warrant Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
148: Application of provisions of Part 2
Section 148 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
149: Notice to defendant
Section 149 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
150: Issue of summons or warrant
Section 150 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
151: Issue of warrant if defendant does not attend
Section 151 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
152: Defect in form or variance between charge and evidence
Section 152 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
152A: Power of Registrar to adjourn
Section 152A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008 Service of documents Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
153: Service of summons on defendant
Section 153 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
153A: Defendant may plead guilty before or during preliminary hearing
Section 153A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
154: Application of provisions of Part 2
Section 154 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Adjournments and bail Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
155: Power to adjourn
Section 155 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
156: Power of Registrar to adjourn
Section 156 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
157: Application of section 46
Section 157 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Withdrawal of information and stay of proceedings Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
158: Withdrawal of information by prosecutor
Section 158 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
159: Stay of proceedings
Section 159 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Plea of guilty before committal Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
160: Defendant may plead guilty before committal
Section 160 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
160A: Committal without consideration of evidence
Section 160A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
161: Procedure if defendant makes request under section 160
Section 161 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
161A: Application for leave to question undercover Police officer's identity to be removed into High Court
Section 161A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008 Formal written statements for purposes of committal Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
162: Formal written statements
Section 162 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
163: False statement in formal written statement deemed to be perjury
Section 163 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Special provisions for taking evidence Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
164: Power to take statement of person dangerously ill
Section 164 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
165: Evidence of statement made by person dangerously ill
Section 165 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
166: Provision for person in custody to be present at taking of statement
Section 166 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Preliminary provisions applicable to committal Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
167: Place of committal
Section 167 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
168: Obligations of prosecutor to file formal written statements within certain period
Section 168 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
168A: Court to which defendant to be committed
Section 168A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
168AA: High Court Judge to determine court of trial in certain cases
Section 168AA repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
168AB: Notice of transfer of case to District Court
Section 168AB repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008 168B Defendant to be warned as to law relating to notice of alibi
Section 168B repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008 168C Defendant to be advised of his right to apply for trial before a Judge without a jury
Section 168C repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
169: Standard committal is not hearing and does not involve prosecutor's or defendant's presence
Section 169 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
170: Defendant's entitlement to be present during hearings
Section 170 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
171: Charge to be read to defendant in certain circumstances
Section 171 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
172: Amendment of information
Section 172 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
173: Persons who may give evidence under assumed name
Section 173 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
173A: Written statements
Section 173A repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
174: No comment may be made on defendant refraining from answering charge
Section 174 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
175: When formal written statement or record of oral evidence in other proceedings may be admitted as evidence at committal hearing or for purposes of standard committal
Section 175 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
176: Defendant must disclose evidence to be provided at committal hearing
Section 176 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Timing and procedure at standard committal Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
177: Timing and procedure at standard committal
Section 177 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Oral evidence orders Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
178: Application for oral evidence order
Section 178 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
179: Application for leave to question undercover Police officer's identity must be removed into High Court
Section 179 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
180: Determination of application for oral evidence order
Section 180 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
181: Judge may make oral evidence order of own motion
Section 181 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
182: Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any court
Section 182 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 When committal hearing must be held Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
183: Committal hearing required if oral evidence order applies
Section 183 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Procedure at committal hearing Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184: Application of provisions of Part 2
Section 184 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184A: Procedure at committal hearing
Section 184A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184B: No oral evidence without order
Section 184B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184C: Court may direct that formal written statements be read aloud
Section 184C repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184D: Oral evidence must be recorded in writing
Section 184D repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184E: Committal hearing may be completed despite witness's failure to appear or give evidence
Section 184E repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Determination at committal hearing Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184F: If evidence insufficient, defendant must be discharged
Section 184F repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184G: If evidence sufficient, defendant must be committed for trial
Section 184G repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Powers of court if defendant seeks to provide undisclosed evidence at committal hearing Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184H: Powers of court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176
Section 184H repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Committal for trial or sentence Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184I: Advice must be given to defendant on committal following committal hearing
Section 184I repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Procedure if defendant pleads guilty Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184J: Procedure if defendant pleads guilty
Section 184J repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184K: If defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave
Section 184K repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184L: Defendant committed for sentence must be brought before High Court
Section 184L repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Procedure if defendant does not plead guilty Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184M: Procedure if standard committal occurs or defendant does not plead guilty
Section 184M repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184N: Court to which defendant must be committed
Section 184N repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184O: Court to which defendant must be committed if related charge must be heard in High Court
Section 184O repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184P: Committal to wrong court
Section 184P repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184Q: High Court Judge must determine trial court in certain cases
Section 184Q repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184R: Notice of transfer of case to District Court
Section 184R repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184S: Defendant must be advised of right to apply for trial before Judge without jury
Section 184S repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Procedure after committal for trial or sentence Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184T: Dealing with defendant committed for trial or for sentence
Section 184T repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184U: Evidence of witness taken after defendant committed for trial
Section 184U repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184V: Notice to witnesses to attend at trial court
Section 184V repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184W: On committal, documents, etc, must be sent to trial court or sentencing court
Section 184W repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184X: Every party entitled to records of oral evidence or summary of facts
Section 184X repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
184Y: When formal written statement or record of oral evidence may be read in evidence at trial
Section 184Y repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185: Witness about to leave New Zealand may be arrested
Section 185 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
5A: Special provisions relating to standard committal process and committal hearings in cases of sexual nature
Part 5A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185A: Application
Section 185A repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185B: Certain hearings to be conducted by Judge
Section 185B repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185C: Evidence of complainant
Section 185C repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185CA: Child complainant's evidence may be given by videotape
Section 185CA repealed 29 June 2009 section 12 Summary Proceedings Amendment Act (No 2) 2008
185D: Child complainant's evidence may be given by video record
Section 185D repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
185E: Power of court to prohibit publication of certain details
Section 185E repealed 5 March 2012 section 393 Criminal Procedure Act 2011
185F: Other powers of court preserved
Section 185F repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
6: Conservation of the peace
Part 6 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Sureties of the peace Heading repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
186: Application for order for bond to keep the peace
Section 186 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
187: Making of order for bond
Section 187 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
188: Making of order for bond where person charged with offence
Section 188 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
189: Refusal to enter into bond
Section 189 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
190: Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
Section 190 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
191: Estreat of bond
Section 191 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Special constables Heading repealed 1 October 2008 section 130(1) Policing Act 2008
192: Appointment and powers of special constables
Section 192 repealed 1 October 2008 section 130(1) Policing Act 2008
7: Protection of Justices and Community Magistrates
Part 7 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
193: No action against
Section 193 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
194: No action against
Section 194 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
195: Onus of proof
Section 195 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
196: Plaintiff may be ordered to give security for costs
Section 196 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
196A: Indemnity to District Court Judge
Section 196A repealed 20 May 2004 section 8 Summary Proceedings Amendment Act 2004
197: Indemnity to Justice or Community Magistrate
Section 197 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
8: General provisions
Search Heading repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012
198: Search warrants
Section 198 repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012
198A: Procedure where certain documents seized from solicitors' offices
Section 198A repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012
198B: Person with knowledge of computer or computer network to assist access
Section 198B repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012
199: Disposal of things seized
Section 199 repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012
200: Other enactments as to search warrants not affected
Section 200 repealed 1 October 2012 section 337(3) Search and Surveillance Act 2012 Tracking devices Heading repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200A: Interpretation
Section 200A repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200B: Application for tracking device warrant
Section 200B repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200C: Issue of tracking device warrant
Section 200C repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200D: Effect of tracking device warrant
Section 200D repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200E: Expiry of warrant
Section 200E repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200F: Renewal of warrant
Section 200F repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200G: Use of tracking device without warrant
Section 200G repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200H: Reports
Section 200H repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200I: Warrant for removal of tracking device
Section 200I repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200J: Agencies to give information to Parliament
Section 200J repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200K: Security of applications for tracking device warrants
Section 200K repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200L: Restriction on production of documents relating to application
Section 200L repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200M: Application for production of documents
Section 200M repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200N: Request for production made in course of proceedings
Section 200N repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200O: Application referred to Judge
Section 200O repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012
200P: Judges entitled to inspect relevant documents
Section 200P repealed 18 April 2012 section 337(4) Search and Surveillance Act 2012 Miscellaneous
201: Amendment of conviction, order, or warrant
Section 201 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
202: Who may take affidavit
Section 202 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
203AA: Criminal records
Section 184 section 21(8) 106H Section 203AA inserted 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
203: Acts not generally to be done on Sunday
Section 203 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
204: Proceedings not to be questioned for want of form
No summons under this Act under this Act the District Court 1909 No 13 ss 4–6 Section 204 amended 1 March 2017 section 261 District Court Act 2016 Section 204 amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
205: Proceedings not invalid because defendant should have been dealt with in Youth Court
Section 205 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
206: Contempt of court
Section 206 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
207: Payment and recovery of fees
1: All fees, except such as may be payable in respect of keeping possession of or for storing or removing or selling goods seized under a warrant, shall be paid in the first instance by the party on whose behalf any proceedings are taken.
2: Subject to the provisions of subsection (3), no District Court Judge or Community Magistrate
3: Except as provided in regulations made under this Act, no or employee
4: In default of the payment of any fees by the person by whom they are payable in the first instance, the amount shall be recoverable as a debt due to the Crown.
5: A table of all fees payable shall be kept in the office of every court, and shall be made available for inspection by any person on request. 1927 No 37 ss 378(2), 379, 380, 383(2) Section 207(2) amended 30 June 1998 section 53 Summary Proceedings Amendment Act (No 2) 1998 Section 207(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 207(3) amended 1 July 1991 Weights and Measures Amendment Act 1991 Section 207(3) amended 1 November 1987 section 13 Summary Proceedings Amendment Act 1987
208: Payment of money to department
1: This section applies to—
a: all court fees, fines, reparation, costs, and other money payable on a charge
b: any sum levied by or paid to any constable
2: A sum referred to in subsection (1) must be paid in the first instance in any of the following ways:
a: to any Registrar; or
b: to any person nominated by the chief executive of the department for the time being responsible for the administration of this Act as a person who may receive payments under this section; or
c: into any trust account administered for the purpose by the department for the time being responsible for the administration of this Act.
3: Any sum received under this section by any Registrar or person nominated under subsection (2)﻿(b) must be paid by him or her into a trust account administered by the department for the time being responsible for the administration of this Act, where it may be held until it is paid—
a: to any person who is entitled to it under any enactment or by any order of the court made under an enactment; or
b: into another Departmental Bank Account or a Crown Bank Account, in accordance with the Public Finance Act 1989 Section 208 replaced 9 October 2006 section 29 Summary Proceedings Amendment Act 2006 Section 208(1)﻿(a) amended 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011 Section 208(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
209: Act not to apply to Youth Court unless provided
Section 209 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
209A: Chief executive of Ministry of Justice may approve forms
1: The chief executive of the Ministry of Justice may approve and issue forms that the chief executive considers necessary for the purposes of this Act, not being forms required to be prescribed by regulations made under this Act.
2: Without limiting subsection (1),—
a: more than 1 form may be approved and issued in relation to the same matter; and
b: a form may be described by any name that the chief executive considers appropriate even though it relates to a matter that is described by a different name under this Act, so long as the form refers to the appropriate provision of this Act.
3: Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive otherwise certifies. Section 209A inserted 13 February 2012 section 44 Summary Proceedings Amendment Act 2011
210: Saving of provisions of Customs Act 1913
Section 210 repealed 1 January 1967 Customs Act 1966
211: Rules for proceedings on appeal
Section 211 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
212: Rules and regulations
1: The Governor-General may from time to time, by Order in Council, make all such rules or regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof (not being rules regulating the practice and procedure in appeals to the High Court
2: Without limiting the general power to make rules and regulations conferred by this section, rules or regulations may be made under this section—
a: prescribing the forms to be used in respect of any proceedings to which this Act applies:
b: prescribing the court fees to be paid in respect of any proceedings or any processes to which this Act applies:
c: prescribing the fees and charges to be paid for the purposes of this Act:
d: providing for documents to be sent in electronic form under section 24(1)﻿(e) 79A(1)﻿(c)
e: specifying, for the purposes of section 79A(1)﻿(d)
f: prescribing, for the purposes of sections 24(1)﻿(f) 79A(1)﻿(e)
g: prescribing requirements or other matters in relation to the provision of particulars of reminder notices in electronic form under section 21
h: regulating the searching of records of 1 or more of the following:
i: particulars of reminder notices provided under section 21
ii: the results of any verification processes undertaken under section 21
iii: reminder notices deemed to have been filed and orders deemed to have been made under section 21
iv: notices of hearings filed under section 21
v: applications filed under section 78B
vi: any matter related to the items in subparagraphs (i) to (v):
i: providing for any other matters in respect of which rules or regulations are contemplated under this Act.
3: Rules and regulations under this section are secondary legislation ( see Part 3
3: 1927 No 37 s 378(1); 1948 No 20 ss 2(5), 11 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 212(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 212(2) replaced 14 November 2018 section 88 Courts Matters Act 2018 Section 212(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 212(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
213: Consequential amendments
Section 213 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011
214: Repeals and savings
Section 214 repealed 1 July 2013 section 7(2) Summary Proceedings Amendment Act (No 2) 2011