Summary Proceedings Amendment Act (No 2) 1998

1: Short Title and commencement
1: This Act may be cited as the Summary Proceedings Amendment Act (No 2) 1998, and is part of the Summary Proceedings Act 1957 the principal Act
2: This Act comes into force on the date on which this Act receives the Royal assent.
2: New sections substituted
1: This subsection substituted ss 4 5
2: The following enactments are consequentially repealed:
a: So much of the Schedule of the Summary Proceedings Amendment Act 1976 section 5
b: Section 4 of the Summary Proceedings Amendment Act 1980
c: Section 2 Summary Proceedings Amendment Act (No 4) 1985
3: New sections substituted
1: This subsection substituted s 9 ss 9A to 9G
2: Section 3 Summary Proceedings Amendment Act 1987
4: Issue of summons or warrant to arrest defendant
1: This subsection amended s 19(1)(a)
2: Section 19(1)(b) of the principal Act was amended—
a: This paragraph amended s 19(1)(b)
b: This paragraph amended s 19(1)(b)(i)
5: Issue of summons or warrant for attendance of witness
This section amended s 20(1)
6: Summary procedure for minor offences
1: This subsection amended s 20A(1)
2: This subsection amended s 20A(7)
3: This subsection substituted s 20A(8)
4: Section 3(6) Summary Proceedings Amendment Act 1976
7: Withdrawal of warrant
This section amended s 23
8: Mode of service of summons on defendant
This section amended s 24(1)
9: Order for taking evidence of defence witness at distance
This section amended s 31(2)
10: Order for taking evidence of person about to leave country
This section amended s 32(2)
11: Place of hearing of information
This section amended s 34
12: Power to adjourn
This section amended s 45(2)
13: New sections substituted
Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
14: New sections substituted
Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
15: Effect on bond of attendance or non-attendance of person bailed by constable
Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
16: Certification of non-performance of condition of bail bond
Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
17: Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
This section amended s 66(6)
18: Criminal Records
This section amended s 71
19: District Court Judge or Justice or Community Magistrate may grant rehearing
Section 75 of the principal Act was amended—
a: This paragraph amended s 75(1) (3)
b: This paragraph amended the proviso to s 75(1)
20: Power of the Court to amend defective sentences
This section amended s 77(1)
21: Action where fine remains unpaid
1: This subsection amended s 88(1)
2: This subsection substituted s 88(2)(a)
3: This subsection amended s 88(2)(b) to (e)
4: This subsection amended s 88(3)
5: This subsection inserted s 88(3AAA)
6: This subsection amended s 88(3A)
7: This subsection amended s 88(8) and (9)
22: Rights of representation and appeal
1: This subsection substituted s 89
2: Section 15 Summary Proceedings Amendment Act 1993
23: Restriction on imprisonment
Section 106E of the principal Act (as substituted by section 20(1) of the Summary Proceedings Amendment Act 1993) was amended—
a: This paragraph amended s 106E(1)
b: This paragraph amended s 106E(5)
24: Appeals from decisions of Community Magistrates
This section inserted s 114A
25: Appeal to High Court on question of law
This section inserted s 114B
26: Right of appeal against decisions relating to bail
Section 26 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
27: Proceedings under
Part 5 Section 27 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
28: Issue of summons to or warrant to arrest defendant
Section 28 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
29: Issue of warrant where defendant who has been summoned does not attend
Section 29 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
30: Application of provisions of
Part 2 Sections 30 31 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
31: Defendant may plead guilty before or during preliminary hearing
Sections 30 31 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
32: Place of preliminary hearing
Section 32 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
33: Depositions of witnesses
Section 33 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
34: Statement of defendant who is unrepresented
Section 34 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
35: Witnesses on behalf of defendant to be examined if defendant wishes
Section 35 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
36: If evidence sufficient defendant may be committed for trial or sentence
Section 36 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
37: Release on bail of defendant committed for trial or sentence
Section 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
38: Power to take statement of person dangerously ill
Sections 38 39 repealed 1 January 2001 4(2) Summary Proceedings Amendment Act 2000
39: Evidence of statement made by person dangerously ill
Sections 38 39 repealed 1 January 2001 4(2) Summary Proceedings Amendment Act 2000
40: Provision for person in custody to be present at taking of statement
Section 40 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
41: Notice to witnesses to attend at High Court
Section 41 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
42: When deposition or written statement may be read in evidence
Section 42 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
43: Witness about to leave New Zealand may be arrested
Section 43 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
44: Part 7 This section substituted the heading of Part 7
45: No action against District Court Judge, Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction
Section 193 of the principal Act was amended—
a: This paragraph amended s 193(1)
b: This paragraph amended s 193(2)
c: This paragraph amended s 193(2)
46: No action against District Court Judge, Justice, or Community Magistrate to be brought in District Court
This section amended s 194
47: Onus of proof
This section amended s 195
48: Plaintiff may be ordered to give security for costs
This section amended s 196
49: Indemnity to Justice or Community Magistrate
This section amended s 197
50: Search warrants
Section 198 of the principal Act was amended—
a: This paragraph amended s 198(1)
b: This paragraph amended s 198(6)
51: Who may take affidavit
This section amended s 202
52: Contempt of Court
This section amended s 206
53: Payment and recovery of fees
This s 207(2)
54: Schedule 2 This section amended Schedule 2
55: New
Schedule 2A This section and the Schedule to this Act inserted Schedule 2A