SUMMARY PROCEEDINGS ACT 1957

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SUMMARY PROCEEDINGS ACT 1957

- As at 25 October 2025
- Act 87 of 1957

TABLE OF PROVISIONS

Long Title

1. Title and commencement
2. Interpretation
2A. Transitional, savings, and related provisions
3. Application of certain provisions of Crimes Act 1961

PART 1 - Criminal jurisdiction ofDistrict Court
Note

4. Summary criminal jurisdiction of court
5. Jurisdiction in relation to committal for indictable offences
6. Summary jurisdiction in respect of indictable offences
7. Maximum penalty on summary conviction for indictable offence
8. Other jurisdictions and powers not affected
9. Jurisdiction of District Court Judges in respect of summary offences
9A. Jurisdiction of Justices in respect of summary offences
9B. Jurisdiction of Community Magistrates in respect of summary offences
9C. Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences
9D. Power to impose penalties provided for in Land Transport Act 1998
9E. Ancillary powers under Criminal Justice Act 1985, Sentencing Act 2002, and Land Transport Act 1998, and Criminal Procedure Act 2011
9F. Power of Community Magistrates to decline jurisdiction
9G. Power to transfer matter to court presided over by District Court Judge
10. Jurisdiction in respect of fugitive offenders

PART 2 - Procedure for infringement offences
Note

11. Application of this Part
12. Commencement of proceedings
Note
13. Any person may lay an information
14. Time for laying information
15. Information to be in prescribed form and upon oath
16. Information to be for 1 offence only
17. Information to contain sufficient particulars
17A. Certain informations to disclose range of penalties
18. Information to be filed in nearest court
Note
19. Issue of summons or warrant to arrest defendant
19A. Summons following arrest
19B. Summons following evidential breath test
20. Issue of summons or warrant for attendance of witness
20A. Summary procedure for minor offences
21. Procedure for infringement offences
21A. Evidence of particulars of reminder notice deemed to have been filed in court by electronic means
21B. Requirements for infringement notices regarding payment method
22. To whom warrant to be directed and power of person executing warrant to enter premises
23. Withdrawal of warrant
23A. Service of documents under this Part
24. Ways documents may be served
25. Who may serve documents on defendant
26. Mode of service of documents on person other than defendant
27. Who may serve documents on person other than defendant
28. Service provisions modified in special cases
29. Proof of service of documents
Note
30. Translation of documents into Maori language
Note
31. Order for taking evidence of defence witness at a distance
32. Order for taking evidence of person about to leave country
33. Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence
Note
34. Place of hearing of information
35. Power to clear court and forbid report of proceedings
36. Withdrawal of information by informant
37. Who may conduct proceedings
38. Court may issue warrant for appearance of witness
39. Witness refusing to give evidence may be imprisoned
40. Witnesses at the hearing
41. Right to plead guilty by notice to Registrar
41A. Registrar may receive not guilty pleas
42. Plea of guilty may be withdrawn by leave of court
43. Amendment of information where defendant appears
43A. Amendment of information to correct particulars of defendant
44. Power of court to decline summary jurisdiction
44A. Power of court to decline summary jurisdiction in case of certain summary offences
Note
45. Power to adjourn
45A. Power of Registrar to adjourn
46. Dealing with defendant on adjournment
46A. Registrar may prohibit publication of names
46AB. Application of section 45 during epidemic
46AC. Application of section 46 during epidemic
47. Warrant for detention of defendant remanded in custody
48. Defendant, if bailable as of right, to be brought before court on request
49. Conditions of bail
49A. Variation of conditions of bail
50. Release of defendant granted bail
50A. Variation of conditions of bail
51. Defendant may be admitted to bail by constable in certain cases
52. Mode of taking bail bond by constable
53. Defendant on bail may be arrested without warrant in certain circumstances
54. Failure to answer bail
55. Arrest of defendant who does not attend hearing
56. Effect on bond of attendance or non-attendance of person bailed by constable
57. Certification of non-performance of condition of bail bond
58. Estreat of bail bond
59. Defendant in custody may be brought up before expiry of period of adjournment
Note
60. Evidence to be given on oath
61. Powers of court when defendant does not appear
61A. Powers of Registrar to adjourn hearing or issue warrant to arrest defendant
62. Powers of court when informant does not appear
63. Powers of court when neither party appears
64. Dismissal for want of prosecution not to operate as bar to other proceedings
65. Court to proceed when both parties appear
66. Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
66A. Registrar may receive elections
67. Conduct of hearing
67A. Identification evidence
68. Decision of court
69. Procedure where defendant liable to greater penalty because of previous convictions
69AA. Further provisions relating to previous convictions
69A. Proof of previous convictions
70. Order for restitution of stolen property or payment of its value
71. Criminal Records
Note
72. Costs
73. Witnesses' expenses
Note
74. Provisions of this Part to apply to complaints
Note
75. District Court Judge or Justice or Registraror Community Magistrate may grant a rehearing
Note
76. Proceedings against parties to offences
77. Power of the court to amend defective sentences
77A. Stay of proceedings
78. Court may state case for opinion of High Court
78A. Conviction not to be recorded for infringement offences
78B. Power to correct irregularities in proceedings for infringement offences
78C. Certain defendants ineligible to rely on non-receipt of reminder notice

PART 3 - Enforcement of fines
Note

79. Interpretation
Note
79A. Service of documents under this Part
79B. Service provisions modified in special cases
79C. Manner of notification not requiring particular document
79D. Proof of service or notification
80. Fines generally payable within 28 days
81. Time to pay or payment by instalments
82. Financial capacity of defendant
83. Order for immediate payment of fine
84. Notice of fine
85. Final notice of fine
86. Registrar may arrange extension of time to pay
86A. Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
86B. Determinations affecting attachment orders
86C. Bailiff may arrange extension of time to pay
86D. Bailiff may vary, suspend, or cancel arrangement for extension of time to pay fine
86DA. Chief executive may approve automated electronic system to arrange extension of time to pay fine or to vary or suspend existing arrangement
86DB. Chief executive may approve automated electronic system to add fine to existing arrangement, attachment order, or deduction notice without notice
86DC. Approval of automated electronic systems
86DD. Registrar or chief executive may require bank to cancel automatic payment
86E. Priority of payments received from defendant
86F. Manner in which amounts of reparation must be applied in cases involving same offence
86G. Manner in which amounts of reparation must be applied in cases involving different offences
86H. No Crown liability for error, etc, in applying payments of amounts of reparation
86I. Financial assessment if fine is unpaid
87. Action if fine or instalment not paid or if arrangement or attachment order cancelled
87AAA. Agreements to vary charge on land
87AAB. Enforcement of charge on land
87AA. Power to obtain information in respect of beneficiaries
87A. Publication of name of fine defaulter
87B. Deduction of fines
87C. Revocation of deduction notices
87D. Fine to be treated as being paid
87E. Deduction notices issued on banks
87F. Meaning of certain terms relating to banks
87G. Offences in relation to deduction notices
87H. Variation or discharge of deduction notices
87I. Penalty for late deductions
87J. Giving of notices
88. Actions if fine remains unpaid
88AA. Form and execution of warrant for arrest
88AB. Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(2)(a)
88AC. Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(3)
88AD. Powers of Registrar in relation to defendant brought before Registrar
88AE. Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88(2)(b) or 88AD(2)(c)
88AF. Further provisions relating to powers of District Court Judge or Community Magistrate in section 88AE
88AG. Power of District Court Judge or Community Magistrate to order return of defendant
88A. Civil enforcement of fines
88B. Remission of fine
89. Rights of representation and appeal
90. Scale of imprisonment for non-payment of fine
91. Defendant on substituted sentence to be discharged on payment of fine
92. Effect of warrant of commitment
Note
92A. Interpretation
92B. Purpose of disclosure and use of information
92C. Access codes
92D. Recognised user may submit fine status query
92E. Fine status response by chief executive
92F. Disclosure and use of fine status response restricted
92G. Query subject to be notified of proposed combination of information
92H. Monitoring and audits by chief executive
92I. Regulations
Note
93. Written caution to person holding interest in motor vehicle
93A. Seizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100
94. Review of written caution
94A. Personal property securities register to be checked
94B. Immobilisation of motor vehicles
95. Written caution of no effect if fine quashed or set aside
96. Challenge of seizure by persons treated as substitutes
Note
97. Purposes of sections 98 to 100T
98. Warrant to seize property
99. Seizure of property
100. Seizure of motor vehicles impounded under Land Transport Act 1998
Note
100A. Seizure of motor vehicle not precluded by low value or low interest
100B. Seized property to be retained by or for Registrar
100C. Immobilisation of motor vehicles
100D. Personal property securities register to be checked
100E. Release of property if fine and other costs paid or if certain appeals successful
100F. Release of property to certain owners
100G. Determination of claim by owners
100H. Lessor may apply to Registrar
100I. What happens if lessor does not apply to Registrar before property sold or disposed of
100J. Claims by secured parties
100K. Certification of default balance
100L. Sale of secured property by secured party or by court
100M. Certain payments required before release to lessor or secured party takes effect
100N. Application of proceeds of sale by secured party
100O. Failure by secured party to sell or account for proceeds
100P. Sale or disposal of property
100Q. Registrar must defer sale if storage costs paid
100R. Application of proceeds of sale of personal property
100RA. Application of proceeds of sale of real property
100S. Remission of fine and costs of sale in certain cases involving motor vehicles
100T. Compensation to person with interest in property sold
100U. Claims by creditors
100V. Certain payments required before release to lessor or creditor takes effect
100W. Application of proceeds of sale by creditor
100X. Failure by creditor to sell or account for proceeds
100Y. Compensation to person with interest in motor vehicle sold
101. Offence to interfere with or rescue property seized
102. Protection of Registrar, bailiff, etc
102A. Resisting or obstructing bailiffs
102B. Proceedings against bailiffs acting under warrants
103. Effect of attachment order
104. Attachment order to be served on employer
104A. Power to obtain information in respect of employers
105. Content of attachment orders
106. Liability of employer
106A. Wrongful treatment of employee
106B. Extent to which attachment orders bind the Crown
106C. Statement of salary or wages paid
106D. Transfer of enforcement to another office of District Court
106E. Restrictions on substituted sentences
106EA. Defendant may be arrested for assessment of financial capacity
106F. Review of Registrar's decision
106G. Actions under warrant to seize pending appeal
106H. Application of Criminal Procedure Act 2011

PART 4 - Appeals
Note
Note

107. Appeal on question of law only by way of case stated
108. No appeal on ground of improper admission or rejection of evidence
109. District Court Judge or Justice may refuse a case if he thinks appeal frivolous
110. Certiorari not to be required when appeal upon case stated
111. Case may be sent back for amendment
112. High Court to determine the questions on the case
113. Appeal on point of law may be removed into Court of Appeal
114. Defendant appealing by way of case stated not allowed to appeal otherwise
114A. Appeals from decisions of Community Magistrates
114B. Appeal to High Court on question of law
Note
115. Defendant's general right of appeal to High Court
115A. Informant's right of appeal against sentence
115B. Right of appeal against sentence for contempt of court
115C. Right of appeal against decisions relating to publication of reports of proceedings or identifying particulars
115D. Rights of appeal against decisions relating to bail
115DA. Right of appeal against order for costs
115DB. Rights of appeal subject to Crimes Act 1961
115E. Procedural provisions applying to appeals under section 115D
116. Notice of appeal
117. Transmission of notice of appeal to High Court
118. Setting down appeal for hearing
119. Procedure on appeal
120. Defects in notice of appeal
121. High Court to hear and determine appeal
122. Power to clear court and forbid report of proceedings
Note
123. Powers of Judge of High Court as to extension of time
124. Provisions as to issue of warrant pending appeal
125. Granting of bail to appellant who is in custody
126. Arrest of appellant who has absconded or is about to abscond while on bail
127. Custody of appellant pending appeal
128. Surrender of appellant released on bail and discharge of surety
129. Abandonment of appeal
130. Presentation of case by party in custody
131. Power of High Court to direct rehearing of information or complaint
132. Amendment of conviction by substituting one offence for another
133. Dismissal of appeal for non-prosecution
134. Registrar to certify decision on appeal
135. Execution of decision of High Court
136. Custody of person after determination of appeal
137. Resumption of sentence or order on determination of appeal
137A. Provisions on determination of appeal where defendant sentenced to periodic detention
137B. Provisions on determination of appeal where defendant sentenced to community service
137C. Provisions on determination of appeal where defendant sentenced to community care
137D. Provisions on determination of appeal where non-association order made in respect of defendant
138. Revesting and restitution of property on conviction
139. Estreat of bail bond where determination appealed against
140. Orders as to costs
141. Party giving notice of appeal and not prosecuting same may be ordered to pay costs
142. Enforcement of order as to costs
143. No court fees payable on appeal by person sentenced to detention
Note
144. Appeal to Court of Appeal
144A. Appeal to Supreme Court
144B. Powers of Court of Appeal and Supreme Court on appeal

PART 5 - Committal proceedings for indictable offences
Note

145. Purpose and overview
146. Interpretation
Note
147. Proceedings under this Part
Note
148. Application of provisions of Part 2
149. Notice to defendant
150. Issue of summons or warrant
151. Issue of warrant if defendant does not attend
152. Defect in form or variance between charge and evidence
152A. Power of Registrar to adjourn
Note
153. Service of summons on defendant
153A. Defendant may plead guilty before or during preliminary hearing
154. Application of provisions of Part 2
Note
155. Power to adjourn
156. Power of Registrar to adjourn
157. Application of section 46
Note
158. Withdrawal of information by prosecutor
159. Stay of proceedings
Note
160. Defendant may plead guilty before committal
160A. Committal without consideration of evidence
161. Procedure if defendant makes request under section 160
161A. Application for leave to question undercover Police officer's identity to be removed into High Court
Note
162. Formal written statements
163. False statement in formal written statement deemed to be perjury
Note
164. Power to take statement of person dangerously ill
165. Evidence of statement made by person dangerously ill
166. Provision for person in custody to be present at taking of statement
Note
167. Place of committal
168. Obligations of prosecutor to file formal written statements within certain period
168A. Court to which defendant to be committed
168AA. High Court Judge to determine court of trial in certain cases
168AB. Notice of transfer of case to District Court
168B. Defendant to be warned as to law relating to notice of alibi
168C. Defendant to be advised of his right to apply for trial before a Judge without a jury
169. Standard committal is not hearing and does not involve prosecutor's or defendant's presence
170. Defendant's entitlement to be present during hearings
171. Charge to be read to defendant in certain circumstances
172. Amendment of information
173. Persons who may give evidence under assumed name
173A. Written statements
174. No comment may be made on defendant refraining from answering charge
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
176. Defendant must disclose evidence to be provided at committal hearing
Note
177. Timing and procedure at standard committal
Note
178. Application for oral evidence order
179. Application for leave to question undercover Police officer's identity must be removed into High Court
180. Determination of application for oral evidence order
181. Judge may make oral evidence order of own motion
182. Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any court
Note
183. Committal hearing required if oral evidence order applies
Note
184. Application of provisions of Part 2
184A. Procedure at committal hearing
184B. No oral evidence without order
184C. Court may direct that formal written statements be read aloud
184D. Oral evidence must be recorded in writing
184E. Committal hearing may be completed despite witness's failure to appear or give evidence
Note
184F. If evidence insufficient, defendant must be discharged
184G. If evidence sufficient, defendant must be committed for trial
Note
184H. Powers of court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176
Note
184I. Advice must be given to defendant on committal following committal hearing
Note
184J. Procedure if defendant pleads guilty
184K. If defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave
184L. Defendant committed for sentence must be brought before High Court
Note
184M. Procedure if standard committal occurs or defendant does not plead guilty
184N. Court to which defendant must be committed
184O. Court to which defendant must be committed if related charge must be heard in High Court
184P. Committal to wrong court
184Q. High Court Judge must determine trial court in certain cases
184R. Notice of transfer of case to District Court
184S. Defendant must be advised of right to apply for trial before Judge without jury
Note
184T. Dealing with defendant committed for trial or for sentence
184U. Evidence of witness taken after defendant committed for trial
184V. Notice to witnesses to attend at trial court
184W. On committal, documents, etc, must be sent to trial court or sentencing court
184X. Every party entitled to records of oral evidence or summary of facts
184Y. When formal written statement or record of oral evidence may be read in evidence at trial
185. Witness about to leave New Zealand may be arrested

PART 5A - Special provisions relating to standard committal process and committal hearings in cases of sexual nature
Note

185A. Application
185B. Certain hearings to be conducted by Judge
185C. Evidence of complainant
185CA. Child complainant's evidence may be given by videotape
185D. Child complainant's evidence may be given by video record
185E. Power of court to prohibit publication of certain details
185F. Other powers of court preserved

PART 6 - Conservation of the peace
Note
Note

186. Application for order for bond to keep the peace
187. Making of order for bond
188. Making of order for bond where person charged with offence
189. Refusal to enter into bond
190. Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
191. Estreat of bond
Note
192. Appointment and powers of special constables

PART 7 - Protection of Justices and Community Magistrates
Note

193. No action against Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction
194. No action against Justice, or Community Magistrate to be brought in District Court
195. Onus of proof
196. Plaintiff may be ordered to give security for costs
196A. Indemnity to District Court Judge
197. Indemnity to Justice or Community Magistrate

PART 8 - General provisions
Note

198. Search warrants
198A. Procedure where certain documents seized from solicitors' offices
198B. Person with knowledge of computer or computer network to assist access
199. Disposal of things seized
200. Other enactments as to search warrants not affected
Note
200A. Interpretation
200B. Application for tracking device warrant
200C. Issue of tracking device warrant
200D. Effect of tracking device warrant
200E. Expiry of warrant
200F. Renewal of warrant
200G. Use of tracking device without warrant
200H. Reports
200I. Warrant for removal of tracking device
200J. Agencies to give information to Parliament
200K. Security of applications for tracking device warrants
200L. Restriction on production of documents relating to application
200M. Application for production of documents
200N. Request for production made in course of proceedings
200O. Application referred to Judge
200P. Judges entitled to inspect relevant documents
201. Amendment of conviction, order, or warrant
202. Who may take affidavit
203AA. Criminal records
203. Acts not generally to be done on Sunday
204. Proceedings not to be questioned for want of form
205. Proceedings not invalid because defendant should have been dealt with in Youth Court
206. Contempt of court
207. Payment and recovery of fees
208. Payment of money to department
209. Act not to apply to Youth Court unless provided
209A. Chief executive of Ministry of Justice may approve forms
210. Saving of provisions of Customs Act 1913
211. Rules for proceedings on appeal
212. Rules and regulations
213. Consequential amendments
214. Repeals and savings
SCHEDULE 1
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
SCHEDULE 3
SCHEDULE 4

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