Further provision for a summons after mediation is ordered
53B Further provision for a summons after mediation is ordered
If a magistrate or the clerk of the court for the place where the defendant is required to appear is satisfied that an event mentioned in subsection (2) has happened, the magistrate or clerk of the court may order that the summons may be proceeded with.
The events are—
if the complainant consented to the order—the complainant withdraws the consent; or
the matter of the complaint may not be mediated at a convenient place because of a decision made by the director of a dispute resolution centre under the Dispute Resolution Centres Act 1990, section 30(1); or
the defendant refuses to attend at, or participate in, a mediation session under that Act, or either party withdraws from a mediation session under that Act; or
the director of a dispute resolution centre declines under section 32(1) of that Act to consent to the acceptance of the matter of the complaint for mediation; or
a mediation session attended by the complainant and the defendant is terminated under section 32(2) of that Act.
A magistrate or clerk of the court may be satisfied about the happening of an event even if the only information before the magistrate or clerk is from the complainant.
Note—Under the Police Powers and Responsibilities Act 2000, section 388(2)(a), a requirement in a notice to appear that a person appear before a court at a stated time and place is taken to be a summons issued under the Justices Act 1886.
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