Summary Offences Act 1981

Search, arrest, and jurisdiction

40: Jurisdiction

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"Which court deals with breaking the rules?"

Illustration for Summary Offences Act 1981

If you break a rule in the Summary Offences Act, you can be punished by the District Court with a Judge. The District Court with 2 or more Justices or 1 or more Community Magistrates can also deal with some offences, such as those against sections 4, 7, 17 to 20, 22, 25, 26, and 30 to 38. You will go to the District Court for these offences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53732.

This page was last updated on 11 December 2025 — View changes

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40Jurisdiction

Every offence against this Act shall be punishable on conviction by the District Court presided over by a Judge.
Notwithstanding subsection (1), the District Court presided over by 2 or more Justices or 1 or more Community Magistrates shall have jurisdiction in respect of offences against sections 4, 7, 17 to 20, 22, 25, 26, and 30 to 38.
Repealed

Compare

1927 No 35 s 79
1957 No 87 s 213
1960 No 7 s 8

Notes

Section 40(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 40(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 40(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 40(2): amended, on 30 June 1998, by section 3 of the Summary Offences Amendment Act 1998 (1998 No 80).
Section 40(3): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).