1: Title
This Act is the Summary Proceedings Amendment Act (No 2) 2008.
2: Commencement
1: This Act (other than this section and sections 3 8 to 11 13 14
2: This section and sections 3 8 to 11 13 14 Section 2(1) brought into force 29 June 2009 Summary Proceedings Amendment Act (No 2) 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957 2008-06-26 Summary Proceedings Act 1957 OIC — SR 2009/128 2009-06-29 Summary Proceedings Act 1957 except ss 2, 3, 8 to 11, 13, and 14 of this Act
4: Power to adjourn
Section 45(3)
5: Dealing with defendant on adjournment
Section 46
3: If a Registrar remands a person in custody under subsection (1)(c) the defendant must be brought before a court or Justice or Community Magistrate at the earliest opportunity if, at any time during the period of remand, the defendant withdraws his or her agreement under subsection (2)(a) and the Court or Justice or Community Magistrate must declare what action (if any) should be taken under subsection (1) in respect of the defendant.
6: Section 46AB repealed
Section 46AB
7: Application of section 46 during epidemic
1: Section 46AC
1: While an epidemic management notice is in force, section 46 has effect as if the reference in subsection (3) to the earliest opportunity has effect as if it is a reference to the earliest opportunity that is reasonable in the circumstances.
2: Section 46AC
3: In this section, epidemic management notice
8: Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
Section 66
5A: If a defendant who is an individual is present in Court and deliberately refuses to elect to be tried either by a jury or the Court, or fails to make an election, after being addressed in the manner provided in subsection (2) and being warned, after refusing or failing to make an election, of the consequences of failing to make an election,—
a: the Court must, unless it considers that the defendant may be under a disability, order—
i: that the defendant be tried by the Court instead of by a jury; or
ii: if any defendant who is a co-accused is to be tried by a jury, that the defendant be tried by a jury instead of the Court; and
b: an order of the Court under paragraph (a) is to be treated subsequently as an election by the defendant to be tried by the Court or, as the case requires, a jury.
5B: Subsection (5A) is subject to subsection (7).
9: Defendant's general right of appeal to High Court
Section 115
2A: A person sentenced under section 28F(4) of the District Courts Act 1947 to a term of imprisonment or to a fine that does not exceed the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 may appeal to the High Court against the sentence.
10: Informant's right of appeal against sentence
Section 115A
1A: The informant may appeal to the High Court against a sentence imposed under section 28F(4) of the District Courts Act 1947 if the sentence appealed against is a term of imprisonment or a fine that does not exceed the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000, or both).
11: New section 115DB inserted
The following section is inserted after section 115DA
115DB: Rights of appeal subject to Crimes Act 1961
Sections 115 to 115DA are subject to section 384A of the Crimes Act 1961.
12: New Parts 5 and 5A substituted
Parts 5 5A
5: Committal proceedings for indictable offences
145: Purpose and overview
1: The purpose of this Part is to reform the law relating to preliminary hearings in criminal proceedings by replacing preliminary hearings with a standard committal procedure (which does not involve a hearing or consideration of the evidence), that is followed unless a party has been granted leave to orally examine a witness (in which case a committal hearing is held).
2: A general overview of the committal procedures set out in this Part is set out in diagrammatic form as follows:
146: Interpretation
In this Part and Part 5A,— committal hearing committal proceedings
a: means the proceedings comprising each and every occasion on which a defendant to whom this Part applies is required to appear in Court, or on which a Court considers his or her case under this Part or Part 5A, pending the committal of the defendant for trial or sentence; and
b: includes a standard committal, a committal hearing, and any proceedings under section 160, 180 or 181 prosecutor standard committal Commencement of proceedings under this Part
147: Proceedings under this Part
1: This Part applies if the defendant is to be proceeded against by indictment.
2: All proceedings to which this Part applies must be commenced by information in form 2 of Schedule 2 and substantiated on oath before a District Court Judge, Justice, Community Magistrate, or any Registrar (not being a constable
3: Subsection (2) is subject to sections 44 and 66.
4: Without limiting any other provision of this Act or any other enactment, no information is invalid only because it—
a: does not contain the date of birth of the defendant; or
b: does not correctly describe the defendant's date of birth.
5: No amendment is required to remedy an omission or error of the type described in subsection (4) before the trial. 1957 No 87 s 145 Information, summons, and warrant
148: Application of provisions of Part 2
1: The provisions of Part 2 listed in subsection (2), as far as they are applicable and with the necessary modifications, apply to proceedings to which this Part applies.
2: The provisions are—
a: section 13 (which permits any person to lay an information):
b: section 16(1) (which requires an information to be for 1 offence only):
c: section 17 (which requires an information to contain sufficient particulars):
d: section 17A (which requires that certain informations disclose the range of penalties available for the offence):
e: section 18 (which specifies the Court in which an information must be filed):
f: section 20 (which relates to the issue of a summons or a warrant for the attendance of a witness):
g: section 22 (which specifies the person to whom a warrant is to be directed and the power of the person executing a warrant to enter premises):
h: section 23 (which relates to the withdrawal of a warrant). 1957 No 87 s 146
149: Notice to defendant
The Registrar must serve on the defendant's counsel or solicitor, or on the defendant if he or she is not represented, a written notice to the defendant to the following effect as soon as practicable after the defendant has—
a: elected trial by jury under section 66; or
b: if the information was laid indictably, made his or her first appearance in Court in relation to the offence: If you wish to have a committal hearing at which you give oral evidence, or call witnesses on your behalf, or cross-examine a prosecution witness, you must apply for an oral evidence order under section 178 of the Summary Proceedings Act 1957. You are not obliged to apply for an oral evidence order. If no oral evidence order is made, you will be automatically committed for trial on the basis of the prosecution evidence against you without a committal hearing or consideration of that evidence. If an application for an oral evidence order is granted, there will be a committal hearing and the oral evidence that is given will be taken down and may be given against you at your trial. If you give oral evidence yourself, you may be cross-examined. If you provide written evidence at a committal hearing that evidence may be used against you at your trial. You should take no notice of any promise or threat that any person may have made to persuade you to say anything (other than a promise made in discussions between you or your counsel and the prosecution). If you do not apply for an oral evidence order or provide any written evidence at a committal hearing that fact is not allowed to be the subject of any comment at your trial. 1957 No 87 s 163(2)
150: Issue of summons or warrant
1: When an information has been laid, any District Court Judge, Justice, or Community Magistrate, or the Registrar (not being a constable
a: may issue a summons to the defendant in the prescribed form; or
b: may issue a warrant, in the prescribed form, to arrest the defendant and bring him or her before a Court.
2: A warrant under subsection (1)(b) may be issued even if a summons has previously been issued and whether or not that summons has been served. 1957 No 87 s 147
151: Issue of warrant if defendant does not attend
If any person who has been served with a summons issued against him or her in accordance with section 150 does not attend personally at the time and place mentioned in the summons, or at any time and place to which the proceedings are adjourned, the presiding District Court Judge, Justices, Community Magistrate, or Community Magistrates may issue a warrant, in the prescribed form, to arrest that person and bring him or her before a Court. 1957 No 87 s 148
152: Defect in form or variance between charge and evidence
1: No objection may be taken or allowed to any information, summons, or warrant to which this Part applies for any alleged defect in substance or in form, for any variance between it and the evidence adduced on the part of the prosecution at the committal hearing, or for the purposes of the standard committal.
2: Despite subsection (1), if there is to be a committal hearing and any variance referred to in subsection (1) appears to the Court to have deceived or misled the defendant or to operate unfairly to the defendant, the Court may, at the defendant's request, adjourn the committal hearing under section 155. 1957 No 87 s 149 Service of documents
153: Service of summons on defendant
Every summons to a defendant must be served on him or her by a constable
a: delivering the summons to the defendant personally; or
b: bringing it to the defendant's notice if he or she refuses to accept it. 1957 No 87 s 150
154: Application of provisions of Part 2
The following provisions of Part 2, as far as they are applicable and with the necessary modifications, apply to proceedings to which this Part applies:
a: section 26 (which prescribes the mode of service of documents on any person other than the defendant):
b: section 27 (which specifies who may serve documents on any person other than the defendant):
c: subject to the provisions of section 153, section 28 (which prescribes the mode of service in particular cases):
d: section 29 (which prescribes the manner in which service may be proved):
e: section 30 (which relates to the translation of documents into the Maori language). 1957 No 87 s 151 Adjournments and bail
155: Power to adjourn
1: The committal proceedings for any information may, from time to time, be adjourned by the Court to a time and place then appointed if it is necessary or desirable to do so for any reasonable cause.
2: If only 1 Justice of the Peace is present at the time and place appointed for those proceedings, or when a defendant is brought before a Court on arrest, that Justice may adjourn the committal proceedings for a period that must not be longer than 8 days unless the parties consent, to a time and place then appointed. 1957 No 87 s 152
156: Power of Registrar to adjourn
1: A Registrar may, on the application of either party and with the consent of each party, adjourn committal proceedings for any information to a time and place then appointed if—
a: the defendant is not, at the time of the application, in custody (including if the defendant has been released on bail under section 21 of the Bail Act 2000); and
b: it is necessary or desirable to do so for any reasonable cause.
2: If an adjournment is granted under subsection (1),—
a: the present conditions of bail (if any) continue, subject to section 34 of the Bail Act 2000, to the adjourned date of hearing; and
b: any order made under section 140 of the Criminal Justice Act 1985 in relation to the defendant, or any other person connected with the proceedings, and having effect only for a limited period that would expire before the adjourned date of hearing, continues to have effect until the close of the adjourned date of hearing.
3: Whenever the Registrar grants an adjournment under this section, the Registrar must notify each party in writing. 1957 No 87 s 152A
157: Application of section 46
Section 46, with the necessary modifications, applies to proceedings to which this Part applies. 1957 No 87 s 153 Withdrawal of information and stay of proceedings
158: Withdrawal of information by prosecutor
1: Any information may, by leave of the Court, be withdrawn by the prosecutor at any time before the defendant is discharged or is committed for trial or for sentence.
2: Despite subsection (1), the prosecutor may withdraw an information without the leave of the Court if—
a: an oral evidence order is made under section 178 allowing the oral examination of a prosecution witness; and
b: leave is granted to the defendant, on an application under section 109(1)(d) of the Evidence Act 2006
3: The withdrawal of an information is not a bar to any other proceedings in the same matter. 1957 No 87 s 157
159: Stay of proceedings
1: The Attorney-General may direct that proceedings against any person under this Part be stayed.
2: A direction under subsection (1) may be made at any time after an information has been laid against the person and before the person has been committed for trial or for sentence.
3: A direction under subsection (1) must be entered into the Criminal Records kept under section 71, and the proceedings are stayed when that entry is made. 1957 No 87 s 173 Plea of guilty before committal
160: Defendant may plead guilty before committal
1: This section applies to a defendant who is—
a: represented by a barrister or solicitor; or
b: unrepresented, but in respect of whom the requirements of section 30(2) of the Sentencing Act 2002 have been satisfied.
2: A defendant to whom this section applies may, at any time before the defendant is committed for trial, ask to be brought before the Court (or, if the defendant is at that time before the Court, ask to be permitted) to plead guilty to the offence with which he or she is charged.
3: As soon as practicable after a request under subsection (2) is made, the defendant must be brought before the Court to be dealt with (or, if the defendant is before the Court at the time of that request, must be dealt with) under section 161.
4: If the defendant is not before the Court at the time of a request under subsection (2) and is not in custody, notice must be given to him or her of the time and place for attendance before the Court for the purpose of being dealt with under section 161. 1957 No 87 s 153A
161: Procedure if defendant makes request under section 160
1: When the defendant (or, if the defendant is a corporation, a representative of the defendant) attends before a Court for the purposes of section 160,—
a: the charge to which the defendant is required to plead must be read to the defendant; and
b: the defendant must then be called on to plead either guilty or not guilty.
2: If the defendant does not plead guilty, or if he or she (or, if the defendant is a corporation, a representative of the defendant) does not personally attend the proceedings,—
a: the defendant must be treated in all respects as if he or she had not made any request to plead guilty; and
b: no comment may be made in any subsequent proceedings on the fact that that request was made; and
c: the request is not admissible in evidence against the defendant in any proceedings.
3: If the defendant pleads guilty, then, subject to section 66(6), the Court must record the plea and,—
a: if—
i: the defendant elected under section 66 to be tried by a jury; or
ii: the offence is an indictable offence under any enactment (other than an offence referred to in Part 2 of Schedule 1A of the District Courts Act 1947); or
iii: the offence is an offence to which section 28A(1)(d), (e), or (f) of the District Courts Act 1947 applies— the Court must either proceed immediately to sentence the defendant, or adjourn the proceedings for the sentencing of the defendant in accordance with section 28F of the District Courts Act 1947:
b: in any other case, commit the defendant to the High Court for sentence.
4: Section 47 of this Act and section 50 of the Bail Act 2000 apply to every adjournment under subsection (3)(a).
5: If the defendant pleads guilty and is committed to the High Court for sentence under this section, sections 184J(4) and (5), 184K, 184L, and 184T of this Act, and sections 53 and 54 of the Bail Act 2000, as far as they are applicable and with the necessary modifications, apply as if the defendant had pleaded guilty and had been committed to the High Court for sentence after a committal hearing. 1957 No 87 s 153A Formal written statements for purposes of committal
162: Formal written statements
1: A formal written statement by any person is admissible as evidence for the purposes of a standard committal or at a committal hearing to the same extent as oral evidence to the same effect given at a committal hearing by that person.
2: A formal written statement
a: a written statement—
i: that purports to be signed by the person making the statement; and
ii: that contains a statement at the end that everything in the statement is true to the best of that person's knowledge and belief, and that the person made the statement knowing that it might be admitted as evidence for the purposes of the standard committal or at a committal hearing and that he or she could be prosecuted for perjury if the statement is known by him or her to be false and is intended by him or her to mislead; and
iii: that complies with subsections (3) and (4)
b: a written statement that does not meet the requirements set out in paragraph (a)
3: If a formal written statement under subsection (2)(a)
4: If a formal written statement under subsection (2)(a)
a: the statement must be read to that person before the person signs it; and
b: the reader must attach to the statement a signed statement by that reader to the effect that the statement was read to the person and that the person to whom it was read appeared to understand its contents.
5: Any document or object accompanying a formal written statement, and referred to in that statement as an exhibit, must be treated as if it had been identified in Court and produced as an exhibit by the maker of the statement. 1957 No 87 s 173A
163: False statement in formal written statement deemed to be perjury
A formal written statement that is admitted in evidence for the purposes of a standard committal or at a committal hearing is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury). Special provisions for taking evidence
164: Power to take statement of person dangerously ill
1: A District Court Judge, Registrar, Justice, or Community Magistrate may take a statement of a person on the oath or affirmation of the person if the District Court Judge, Registrar, Justice, or Community Magistrate is satisfied that,—
a: in the opinion of a registered medical practitioner, the person is dangerously ill; and
b: the person is able and willing to give material information relating to an indictable offence or relating to a person accused of an indictable offence.
2: A statement under this section may be taken in writing or by an electronic form of recording (for example, an audio recording or a video recording) or by any other method of making a permanent recording.
3: A District Court Judge, Registrar, Justice, or Community Magistrate who takes a statement under this section must prepare, sign, and attach to the statement a certificate stating—
a: whether he or she is satisfied that the statement was taken in accordance with this section; and
b: the day on which the statement was taken; and
c: the place where the statement was taken; and
d: whether any person (other than the dangerously ill person and the District Court Judge, Registrar, Justice, or Community Magistrate) was present at any time while the statement was taken.
4: A District Court Judge, Registrar, Justice, or Community Magistrate who takes a statement under this section must,—
a: if it relates to an indictable offence for which an accused person is already committed for trial, send it and the attached certificate to the Registrar of the Court in the place to which the accused person has been committed for trial; or
b: if it does not relate to an indictable offence for which an accused person is already committed for trial, send it and the attached certificate to the Registrar of the District Court nearest to the place where the trial would be held if the defendant were committed for trial.
5: A Registrar of a District Court to whom a statement under subsection (4)(b)
a: file a copy of it as part of the Court records; and
b: forward it to a District Court in which—
i: a person to whom it relates is charged with an indictable offence; or
ii: a person is charged with an offence to which it relates. 1927 No 37 s 172; 1957 No 87 s 175
165: Evidence of statement made by person dangerously ill
1: If each condition set out in subsection (2) section 164
a: for or against the defendant at the committal hearing of, or against the defendant for the purposes of the standard committal for,—
i: an information for an offence to which the statement relates (whether or not the defendant had been charged with that offence at the time the statement was taken); or
ii: an information charging any person to whom the statement relates; or
b: for or against the accused person on the trial of—
i: a person for an offence to which the statement relates (whether or not the accused had been charged with that offence at the time the statement was taken); or
ii: a person to whom the statement relates.
2: The conditions are—
a: that it is proved by such evidence as the District Court or, as the case may be, the High Court considers sufficient (whether legally admissible or not)—
i: that the person who made the statement is dead; or
ii: that there is no reasonable possibility that the person who made the statement will ever be able to travel or give evidence; and
b: that the statement purports to be signed by the District Court Judge, Registrar, Justice, or Community Magistrate before whom the statement purports to be taken; and
c: that it is proved to the satisfaction of the District Court or, as the case may be, the High Court—
i: that reasonable notice of the intention to take the statement was served upon the party other than the party on whose behalf the statement is proposed to be given; and
ii: that that other party or that other party's counsel or solicitor had, or might have had if that other party or counsel or solicitor had chosen to be present, full opportunity of cross-examining the person who made the statement. 1927 No 37 s 173; 1957 No 87 s 176
166: Provision for person in custody to be present at taking of statement
If a person who is in custody has served or has received a notice of an intention to take a statement as provided in section 164
a: any District Court Judge or Justice or Community Magistrate may, by an order in writing, direct the Superintendent of the penal institution in which that person is detained to convey the person to the place mentioned in the notice for the purpose of being present at the taking of the statement (as required by section 165(2)(c)(i)
b: the Superintendent must convey the person accordingly. 1927 No 37 s 174; 1957 No 87 s 177 Preliminary provisions applicable to committal
167: Place of committal
1: Unless an order is made under section 4A of the District Courts Act 1947 or there is a statutory provision to the contrary, the committal proceedings for an information must take place in the Court in the office of which the information is filed.
2: Despite subsection (1)
a: the committal proceedings in their entirety:
b: the standard committal:
c: the committal hearing:
d: any other proceedings that form part of the committal proceedings.
3: A Registrar must not make an order under subsection (2)
4: When an order is made under subsection (2)
a: forward the information to the Registrar of the Court to which the committal proceedings, standard committal, committal hearing, or other part of the committal hearings is ordered to be transferred; and
b: notify each party in writing. 1957 No 87 s 155
168: Obligations of prosecutor to file formal written statements within certain period
1: The prosecutor must file in the office of the Court the formal written statements that form all or part of the evidence for the prosecution for the purposes of the standard committal or at the committal hearing, as the case may require, together with the exhibits referred to in those statements, not later than—
a: 42 days after—
i: the date on which the defendant elects trial by jury under section 66; or
ii: if the information is laid indictably, the date on which the defendant first appears in Court in relation to that information:
b: such earlier or later date specified for the purposes of this section by a District Court Judge.
2: Despite subsection (1)
3: When the prosecutor files any written statement or statements under this section, the prosecutor must ensure that notice of that filing is given to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented.
169: Standard committal is not hearing and does not involve prosecutor's or defendant's presence
1: A standard committal does not involve any consideration of the evidence or a hearing.
2: Neither the prosecutor nor the defendant—
a: may be present during a standard committal:
b: has the right to make oral or written submissions in relation to a standard committal.
170: Defendant's entitlement to be present during hearings
1: The defendant is entitled to be present in Court during any hearing that is part of the committal proceedings.
2: Subsection (1)
3: The Court may permit the defendant to be out of Court during the whole or any part of the hearing on whatever terms it thinks fit.
4: Nothing in this section limits any other enactment or rule of law under which a defendant may appear or be represented in Court by counsel, rather than having to appear in person. 1957 No 87 s 158
171: Charge to be read to defendant in certain circumstances
1: If the defendant is present at any hearing that is part of the committal proceedings and requests that the charge be read, or the Court conducting that hearing so directs, the charge must be read to the defendant.
2: At any committal hearing, the charge must be read to the defendant before any written evidence is received by the Court and before any witness is called.
3: If the information is amended at any hearing that is part of the committal proceedings, the amended charge must be read to the defendant,—
a: in the case of a committal hearing, immediately after all the evidence for the prosecution has been received by the Court:
b: in the case of any other hearing, immediately, or if the defendant is not present, at the next hearing that is part of the committal proceedings at which the defendant is present. 1957 No 87 s 160
172: Amendment of information
1: The Court may amend any information to which this Part applies in any way, and at any time, during any hearing that is part of the committal proceedings.
2: Despite subsection (1)
3: Despite subsection (1) 1957 No 87 s 162
173: Persons who may give evidence under assumed name
1: An undercover police officer (within the meaning of section 108 of the Evidence Act 2006)—
a: may make a written statement, or give oral evidence, in the name by which the officer was known during the relevant investigation; and
b: may sign that statement, or the record of that evidence, in that name.
2: A witness who is the subject of an application for an anonymity order made under section 110 or 112 of the Evidence Act 2006, or who is the subject of an anonymity order made under either of those sections,—
a: may make a written statement, or give oral evidence, using the term witness
b: may sign that statement, or the record of that evidence, in that manner.
3: This section overrides any contrary provision in this Part. 1957 No 87 s 178A
174: No comment may be made on defendant refraining from answering charge
No comment adverse to the defendant may be made on the fact that the defendant—
a: does not provide any evidence in answer to the charge at a committal hearing or any other hearing that is part of the committal proceedings; or
b: does not apply for an oral evidence order under section 178 1957 No 87 s 166
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
1: If a person is charged with more than 1 offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents, and if the conditions in subsection (2)
a: any formal written statement admitted as evidence for the purposes of that person's standard committal process or at that person's committal hearing, in respect of another offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents:
b: any record of oral evidence given at that person's committal hearing in respect of another offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents.
2: A formal written statement or record of oral evidence may be admitted as evidence under subsection (1)
a: if it is proved, by evidence that the Judge considers sufficient (whether legally admissible or not), that the person who made the statement or who gave the oral evidence is—
i: out of New Zealand; or
ii: dead; or
iii: so ill as not to be able to travel; or
b: if all parties consent.
3: A formal written statement or record of oral evidence must not be admitted as evidence under subsection (1)
a: the formal written statement was not taken and admitted in evidence in accordance with section 162
b: the record of oral evidence was not signed by the District Court Judge or Justices or Community Magistrate or Community Magistrates purporting to sign it; or
c: the record of oral evidence was not taken in accordance with the provisions of this Part. 1957 No 87 s 184
176: Defendant must disclose evidence to be provided at committal hearing
1: If an oral evidence order is made under section 180 or 181
2: Sections 10 and 11 Criminal Disclosure Act 2008 Timing and procedure at standard committal
177: Timing and procedure at standard committal
1: A standard committal must not take place,—
a: in a case where no application is made for an oral evidence order within the period specified in section 178(2)
i: the date on which the prosecutor is required to file written statements under section 168(1)
ii: the date on which the Court receives a notice from the defendant that he or she will not apply for an oral evidence order:
b: in a case where an application for an oral evidence order is made within the period specified in section 178(2)
2: At a standard committal, the Court must, without considering any evidence that has been filed by the prosecution, commit the defendant for trial in accordance with sections 184M and 184N 1957 No 87 s 160A Oral evidence orders
178: Application for oral evidence order
1: Either party may apply to a District Court Judge for an order allowing the oral examination, at a committal hearing, of—
a: any witness who has provided a formal written statement; or
b: any person who has not provided a formal written statement, whether that person is proposed to be examined as a witness for that party or for the other party; or
c: any person who is to give evidence for that party in relation to the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
2: An application under subsection (1) section 168(1)
3: Despite subsection (2) subsection (1) subsection (2)
179: Application for leave to question undercover police officer's identity must be removed into High Court
If the defendant wishes to apply, under section 109(1)(d) of the Evidence Act 2006, for leave to put any questions relating to the identity of a witness called by the prosecutor who is an undercover police officer,—
a: that application must be made at the same time as the application is made for an oral evidence order allowing the oral examination of the person to whom those questions are proposed to be put; and
b: both applications must be removed into the High Court and heard and determined by a Judge of that Court. 1957 No 87 s 161A
180: Determination of application for oral evidence order
1: Before a District Court Judge makes an oral evidence order on an application under section 178
a: if the proposed order is for the oral examination of a witness who has provided a formal written statement, that—
i: it is necessary to hear the witness in order to determine whether there is sufficient evidence to commit the defendant for trial; or
ii: it is otherwise in the interests of justice to hear the witness; or
b: if the proposed order is for the oral examination of a person who has not provided a formal written statement,—
i: that the anticipated evidence of that person is relevant to the charge specified in the information; and
ii: either—
A: that the person has been requested to give evidence in the form of a formal written statement but has failed or refused to do so; or
B: that it is otherwise in the interests of justice to hear the witness; or
c: if the proposed order is for the oral examination of a person who is to give evidence in relation to the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, that the anticipated evidence of that person is relevant to the exercise of such a power or jurisdiction.
2: The Judge may refuse an application for an oral evidence order if he or she considers that the application was made—
a: for the purpose of delay; or
b: for any other improper purpose.
3: The Judge must determine an application for an oral evidence order on the basis of—
a: the witness's formal written statement (if any); and
b: any other written evidence; and
c: any written submissions; and
d: any oral submissions made in accordance with subsection (4)
4: A party who applies for an oral evidence order may make oral submissions to the Judge in support of that application.
5: If a party makes oral submissions under subsection (4)
181: Judge may make oral evidence order of own motion
1: This section applies if—
a: a District Court Judge, in considering an application for an oral evidence order, is satisfied that the conditions described in section 180(1)
b: the defendant has not been committed for trial at a standard committal and a District Court Judge considers it desirable to hear the evidence of any witness in connection with the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
2: The Judge may, of his or her own motion, make an order requiring the oral examination of that other person at a committal hearing.
182: Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any Court
1: If an oral evidence order is made, that order may permit or require the evidence of a witness to be taken before any District Court or District Court Registrar (not being a constable
2: The provisions of this Part as to the taking of the evidence of witnesses at a committal hearing, as far as they are applicable and with the necessary modifications, apply with respect to any evidence taken under this section.
3: The oral evidence of any witness taken under this section—
a: must be forwarded to the Registrar of the Court in which the committal hearing is to take place; and
b: has effect as if it were oral evidence taken at the committal hearing.
4: Judicial notice must be taken of the signature of any examining District Court Judge or Registrar to any record of oral evidence taken under this section.
5: The Court may proceed with a committal hearing without waiting for evidence to be taken from a witness pursuant to an order under subsection (1)
a: the oral evidence order allowing the oral examination of the witness was granted on the grounds set out in section 180(1)(b)
b: the Court considers that—
i: the application for evidence to be taken under subsection (1)
ii: there has been undue delay in the taking of that evidence.
6: Nothing in this section or in any regulations made under this Act limits or affects the power of the Court to compel the personal attendance of any witness at a committal hearing. 1957 No 87 ss 174, 178 When committal hearing must be held
183: Committal hearing required if oral evidence order applies
1: If a District Court Judge or, if section 179
2: To avoid doubt, the District Court Judge who determined the application for an oral evidence order may conduct the committal hearing. Procedure at committal hearing
184: Application of provisions of Part 2
1: The provisions of Part 2 listed in subsection (2)
a: references in those provisions to the hearing were references to that committal hearing; and
b: references in those provisions to the charge were references to the information.
2: The sections are—
a: section 37(1), (2), and (3) (which relates to the person who may conduct the proceedings):
b: section 38 (which relates to the issue of a warrant for the appearance of a witness):
c: section 39 (which relates to the imprisonment of a witness refusing to give evidence):
d: section 40(1) (which relates to the power to order witnesses to remain outside the Court):
e: section 60 (which requires evidence to be given on oath). 1957 No 87 s 154
184A: Procedure at committal hearing
1: At any committal hearing the prosecutor must—
a: if the Court gives leave, provide to the Court any formal written statements or exhibits that have not already been filed under section 168
b: call each prosecution witness who is to give oral evidence under an oral evidence order.
2: After all the evidence for the prosecution has been given and any amended charge has been read to the defendant, the defendant must, if the defendant intends to provide evidence,—
a: provide to the Court any formal written statements or exhibits that have not already been provided to the Court; and
b: call any defence witness (including the defendant) who is to give oral evidence for the defence under an oral evidence order.
3: Each witness who is called must be examined by the party for whom he or she is giving evidence, and may be cross-examined by the other party and re-examined by the first party.
4: Despite subsection (3)
a: all other parties consent; or
b: the Court so directs.
5: If the defendant gives evidence in accordance with an oral evidence order, the defendant may be cross-examined by the prosecutor and, if the defendant is represented, he or she may be re-examined.
6: This section is subject to section 184H 1957 No 87 s 161(1)
184B: No oral evidence without order
The Court must not hear the oral evidence of the defendant or of any witness at a committal hearing unless an oral evidence order has been made in relation to that person.
184C: Court may direct that formal written statements be read aloud
At a committal hearing, the Court may direct that a formal written statement provided as evidence be read aloud, or that an oral account be given of so much of the statement as is not read aloud. 1957 No 87 s 173A(4)
184D: Oral evidence must be recorded in writing
The evidence of every person who gives oral evidence at a committal hearing, including the defendant if he or she gives oral evidence, must be—
a: put into writing; and
b: read over to that person; and
c: signed by that person and by the presiding District Court Judge or Justices or Community Magistrate or Community Magistrates. 1957 No 87 ss 161(2), 163(3), 165(2)
184E: Committal hearing may be completed despite witness's failure to appear or give evidence
If a person fails to appear or to give evidence at a committal hearing, the Court may nevertheless commit the defendant for trial or sentence, or otherwise dispose of the case, if any other evidence received by it is sufficient for that purpose. Determination at committal hearing
184F: If evidence insufficient, defendant must be discharged
When all the evidence has been given at a committal hearing, if the Court is of the opinion that the evidence adduced by the prosecutor is not sufficient to put the defendant on trial for any indictable offence, it must discharge the defendant. 1957 No 87 s 167
184G: If evidence sufficient, defendant must be committed for trial
When all the evidence has been given at a committal hearing, if the Court is of the opinion that the evidence adduced by the prosecutor is sufficient to put the defendant on trial for an indictable offence, the Court must proceed in accordance with sections 184I to 184N Powers of Court if defendant seeks to provide undisclosed evidence at committal hearing
184H: Powers of Court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176
1: This section applies if, at a committal hearing, the Court is satisfied that evidence sought to be provided by the defendant should have been disclosed to the prosecutor under section 176
2: The Court may—
a: exclude the evidence; or
b: require the evidence to be disclosed to the prosecutor and adjourn the hearing; or
c: admit the evidence if it would not be contrary to the interests of justice to do so.
3: The Court—
a: must not order the exclusion of evidence under this section if it is satisfied that the defendant was not given notice in accordance with section 21 Criminal Disclosure Act 2008 section 176
b: if paragraph (a) Committal for trial or sentence
184I: Advice must be given to defendant on committal following committal hearing
If section 184G
a: the defendant must be addressed by, or on behalf of, the Court as follows: “ ‘This Court proposes to commit you for trial, but you may, if you wish, plead guilty to the offence charged’ ”; and
b: unless the Court is presided over by a trial Judge who would himself or herself impose sentence, the Court must also tell the defendant which Court he or she will be committed to for sentence if he or she pleads guilty. 1957 No 87 s 168(1)(a), (aa) Procedure if defendant pleads guilty
184J: Procedure if defendant pleads guilty
1: If, after receiving the advice in section 184I
a: if the Court has jurisdiction to sentence the defendant under section 28A of the District Courts Act 1947, either proceed immediately to sentence the defendant, or adjourn the proceedings for the sentencing of the defendant, in accordance with section 28F of that Act; and
b: if the Court does not have jurisdiction to sentence the defendant, commit the defendant to the High Court for sentence.
2: Subsection (1)
3: Section 47 of this Act and section 51 of the Bail Act 2000 apply on an adjournment under subsection (1)(a)
4: If the defendant pleads guilty and is committed to the High Court for sentence, the following statement must be endorsed on the information: I plead guilty to the offence charged in the within information. Dated [ date
5: The defendant must sign the statement referred to in subsection (4) 1957 No 87 s 68(1)(b), (2), (3)
184K: If defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave
No objection on any ground whatever may be taken to any information to which the defendant has pleaded guilty, and the defendant may not withdraw the plea except with the leave of a Judge of the Court in which the defendant is to be sentenced. 1957 No 87 s 169
184L: Defendant committed for sentence must be brought before High Court
1: A defendant who is committed to the High Court for sentence must, as soon as practicable, be brought before the High Court for sentence.
2: Any Judge of the High Court has the same powers of sentencing or of otherwise dealing with the defendant, and of finally disposing of the charge and of all incidental matters, as he or she would have had if the defendant had pleaded guilty to the offence charged, in the High Court. 1957 No 87 s 170 Procedure if defendant does not plead guilty
184M: Procedure if standard committal occurs or defendant does not plead guilty
1: If section 177 section 184I
a: if the defendant is a natural person, commit the defendant for trial; or
b: if the defendant is a corporation, make an order empowering the filing of an indictment in respect of the offence named in the order.
2: If the defendant is a corporation, for the purposes of any enactments referring to committal for trial, an order under subsection (1)(b)
3: This section is subject to section 66(6) of this Act and to section 345 of the Crimes Act 1961. 1957 No 87 s 170
184N: Court to which defendant must be committed
1: The Court to which a defendant must be committed for trial under section 184M
a: in respect of any offence that a District Court has jurisdiction to try under section 28A(1)(a)
i: the District Court exercising that jurisdiction that is nearest to the committing Court; or
ii: any other District Court exercising that jurisdiction that is specified in regulations made under this Act as being a Court to which the defendant may be committed for trial (even if not nearest to the committing Court):
b: in respect of any other offence, either—
i: the High Court at the place where sittings of the Court are held that is nearest to the committing Court; or
ii: the High Court at any other place that may be specified in regulations made under this Act as being the place at which sittings of the High Court are conducted and to which the defendant may be committed for trial (even if not nearest to the committing Court).
2: Nothing in this section affects section 28J of the District Courts Act 1947. 1957 No 87 s 168A(1)
184O: Court to which defendant must be committed if related charge must be heard in High Court
1: This section applies if the defendant has been charged (either alone or together with some other person or persons) with offences arising from an incident or series of incidents, or a transaction or set of circumstances, in respect of which he or she must be committed to the High Court on at least 1 charge.
2: In each case to which this section applies, despite section 184N(1) section 184M
a: the High Court at the place where sittings of the Court are held that is nearest to the committing Court; or
b: the High Court at any other place that is specified in regulations made under this Act as being a place at which sittings of the High Court are conducted and to which the defendant may be committed for trial (even if not nearest to the committing Court).
3: A High Court Judge may, under section 184Q(2) subsection (1)
4: Nothing in this section affects section 28J of the District Courts Act 1947. 1957 No 87 s 168A(2)–(4)
184P: Committal to wrong Court
1: If a defendant is committed to a Court for trial and the Court to which he or she is committed is not the correct Court, the Court to which the defendant has been committed may transfer the proceeding to the appropriate Court specified in section 184N 184O
2: If this section applies, and the Court so directs, the Registrar must ensure that notice is given to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented of the date and time at which the defendant must report to the Court to which the proceedings have been transferred, and—
a: if the defendant has been released on bail, making the necessary variations in the conditions of bail; and
b: if the defendant has been remanded in custody, making the necessary alterations to the warrant of commitment.
184Q: High Court Judge must determine trial Court in certain cases
1: This section applies if a defendant is committed to the High Court for trial for any offence referred to in Part 1 of Schedule 1A
2: If this section applies, a Judge of the High Court must determine on the papers whether it is more appropriate for the trial to be held in a District Court, and, if the Judge so determines, the Judge may transfer the case to the District Court exercising jurisdiction under Part 2A of the District Courts Act 1947 that is nearest to the committing Court.
3: No party is entitled to be heard by, or to make submissions to, the Judge under subsection (2)
4: In determining the appropriate Court under subsection (2)
a: the gravity of the offence charged; and
b: the complexity of the issues likely to arise in the proceedings; and
c: the desirability of the prompt disposal of trials; and
d: the interests of justice generally.
5: Nothing in this section applies to proceedings transferred to the High Court by order made under section 28J of the District Courts Act 1947.
6: Nothing in this section applies to a proceeding involving a witness who is the subject of an anonymity order made under section 112 of the Evidence Act 2006 1957 No 87 s 168AA
184R: Notice of transfer of case to District Court
1: If an order transferring a case to a District Court is made under section 184Q
a: to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented,—
i: a copy of the order; and
ii: a written notice informing the defendant of the date and time at which the defendant must report to the District Court to which the case has been transferred and, if the defendant has been released on bail, making the necessary variations in the conditions of bail; and
b: to each surety of that defendant under any surety bond,—
i: a copy of the order; and
ii: a copy of the written notice given to the defendant under paragraph (a)(ii)
2: If subsection (1) 1957 No 87 s 168AB
184S: Defendant must be advised of right to apply for trial before Judge without jury
1: Subsection (2)
2: If this subsection applies, the Registrar must, either on committal or as soon as practicable after committal, give, or cause to be given, to the defendant's counsel or solicitor, or to the defendant if he or she is not represented, a written notice of the defendant's right, under section 361B, to apply to a Judge of the High Court or a trial Judge of the District Court, as the case may require, for an order that the defendant be tried before a Judge without a jury.
3: A notice under subsection (2)
4: The fact that the written notice was given to the defendant's counsel or solicitor, or to the defendant, must be recorded on the form of committal of the defendant for trial. 1957 No 87 s 168C Procedure after committal for trial or sentence
184T: Dealing with defendant committed for trial or for sentence
1: If a defendant is committed for trial at a standard committal, the Court must remand the defendant to appear in the Court to which the defendant is committed for trial, and—
a: if the defendant is in custody at the time of committal, the defendant must be remanded in custody; and
b: if the defendant is on bail at the time of committal, the Court, despite the absence of the defendant, must impose the condition required by section 52(2) of the Bail Act 2000 and that condition and the conditions of bail to which the defendant is subject continue in force until—
i: the date on which the defendant is due to appear in the Court to which the defendant is committed for trial; or
ii: any earlier date on which the defendant appears before a Court; and
c: the Registrar must ensure that notice of the defendant's committal and the conditions required by section 52(2) of the Bail Act 2000 are given to the defendant, the defendant's counsel (if any), the prosecutor, and also to the sureties under any surety bond.
2: If a defendant committed for trial (whether at a standard committal process or at a committal hearing) or for sentence is remanded in custody, whether or not the defendant is present at the time of committal, the District Court must issue a warrant in the prescribed form for the defendant's detention in a prison—
a: pending and during the defendant's trial; or
b: pending the defendant being brought up for sentence and during his or her sentencing.
3: Despite subsection (2) subsection (4)
4: Before making an order under subsection (3)
a: the defendant is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992; and
b: the defendant's mental condition requires that, in the defendant's own interest, the defendant be detained in a hospital, within the meaning of that Act, instead of in a prison.
184U: Evidence of witness taken after defendant committed for trial
1: A District Court Judge may, after a defendant has been committed for trial, make an order that the evidence of a person who did not give evidence (whether by formal written statement or orally) be taken.
2: Before making an order under subsection (1)
a: the person is able to give evidence; and
b: it is in the interests of justice that the evidence of that person be taken.
3: An order under subsection (1)
4: An order under subsection (1)
5: If the Judge orders that the person's evidence be taken orally,—
a: the order must specify the time and place at which the evidence of the witness must be taken; and
b: the party on whose application an order under subsection (1)
6: The provisions of this Part as to the taking of the evidence of witnesses at a committal hearing, as far as they are applicable and with the necessary modifications, apply with respect to any evidence taken under this section as if that evidence were taken at a committal hearing.
7: The formal written statement provided, or oral evidence taken, under this section—
a: must be forwarded to the Registrar of the Court in the place to which the defendant was committed for trial; and
b: has effect as if it were a formal written statement or oral evidence taken at a committal hearing. 1957 No 87 s 178
184V: Notice to witnesses to attend at trial Court
1: The presiding District Court Judge, Justices, Community Magistrate, Community Magistrates, or Registrar may issue to any person specified in subsection (2)
2: The persons to whom a notice under subsection (1)
a: any person who made a formal written statement that was provided in evidence for the purposes of the standard committal or at the committal hearing; and
b: any person whose evidence was taken under section 184U
c: any person who gave oral evidence at the committal hearing (if there was one).
3: A notice under subsection (1)
a: must be in the prescribed form; and
b: has effect as if it were a summons to a witness issued out of the High Court or District Court, as the case may be; and
c: must be served personally, by an officer of the District Court or by any constable
4: The service of a notice under subsection (1)
a: by an affidavit made by the person who served the notice that shows the fact and the time of service; or
b: by the person who served the notice on oath at the trial; or
c: by an endorsement on a copy of the notice that shows the fact and time of service, and that is signed by the person effecting service.
5: Every person who wilfully endorses any false statement of the fact or time of service on a copy of the notice commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.
6: If, at the conclusion of a committal hearing, the defendant is discharged, every notice given to a witness under subsection (1)
7: A notice of cancellation under subsection (6) 1957 No 87 s 181
184W: On committal, documents, etc, must be sent to trial Court or sentencing Court
1: If any person is committed for trial or sentence (other than under section 161
a: the information; and
b: all formal written statements; and
c: the record of any oral evidence; and
d: any video record of the complainant's evidence provided—
i: for the purposes of the standard committal in accordance with section 185D
ii: at the committal hearing in accordance with section 185D
e: the form of committal and any other documents relating to the committal; and
f: any exhibits in his or her custody; and
g: the notice of bail (if any) and any surety bond; and
h: any certificate filed by the Commissioner of Police under section 108(2) of the Evidence Act 2006 in respect of any witness; and
i: a copy of the notice to attend the Court issued to any witness.
2: If any person is committed for sentence under section 161 section 161
a: the information; and
b: a summary of the facts (which must be provided by the prosecutor to the Registrar); and
c: any evidence upon which that person has pleaded; and
d: the notice of bail (if any) and any surety bond; and
e: any other documents or exhibits relating to the committal. 1957 No 87 s 182
184X: Every party entitled to records of oral evidence or summary of facts
1: Every party to the proceedings is entitled to a copy of any record of oral evidence to which section 184W(1)(c)
2: Every party to the proceedings is entitled to a copy of any summary of facts and evidence sent to the Registrar of the High Court in accordance with section 184W(2)(b)
3: If the evidence of the complainant is to be given by way of video record in accordance with section 185D 1957 No 87 s 183
184Y: When formal written statement or record of oral evidence may be read in evidence at trial
1: If the defendant is committed for trial, any oral evidence that he or she gave at a committal hearing may, without further proof, be given in evidence against him or her at his or her trial.
2: If the conditions in subsection (3)(a) or (b)
a: any formal written statement admitted as evidence at that person's standard committal or committal hearing:
b: any record of oral evidence given by a witness at that person's committal hearing.
3: A formal written statement or record of oral evidence may be read or given as evidence under subsection (2)
a: if it is proved, by evidence that the Judge considers sufficient (whether legally admissible or not), that the person who made the statement or who gave the oral evidence is—
i: out of New Zealand; or
ii: dead; or
iii: so ill as not to be able to travel; or
b: if all parties consent.
4: A formal written statement or record of oral evidence may be read or given as evidence under subsection (2)
a: for the offence in respect of which that statement was taken or that oral evidence was given; or
b: for any other offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents, as that offence.
5: A formal written statement or record of oral evidence must not be read as evidence if it is proved that—
a: the formal written statement was not taken and admitted in evidence in accordance with section 162
b: the record of oral evidence was not signed by the District Court Judge or Justices or Community Magistrate or Community Magistrates purporting to sign it; or
c: the record of oral evidence was not taken in accordance with the provisions of this Part. 1957 No 87 ss 163(4), 184
185: Witness about to leave New Zealand may be arrested
1: If any person is committed for trial, any District Court Judge, Justice, or Community Magistrate who is satisfied, on oath, that any person referred to in subsection (2)
2: The persons are—
a: any person who has been summoned to give evidence at the trial; or
b: any person on whom a notice has been served under this Part to attend at the High Court or District Court.
3: If any person is arrested under subsection (1) 1957 No 87 s 185
5A: Special provisions relating to standard committal process and committal hearings in cases of sexual nature
185A: Application
1: This Part applies to committal hearings for and, so far as applicable, the standard committal for, any of the following offences:
a: any offence against sections 128 to 142A of the Crimes Act 1961:
b: any offence against section 144A of the Crimes Act 1961:
c: any other offence against the person of a sexual nature:
d: being a party to the commission of any offence referred to in paragraph (a), (b), or (c)
e: conspiring with any person to commit any of those offences.
2: Subsection (1) section 185B
185B: Certain hearings to be conducted by Judge
Every Court that hears the oral evidence of a complainant at a committal hearing must be presided over by a District Court Judge if the defendant is charged with any of the following offences:
a: sexual violation:
b: attempted sexual violation:
c: assault with intent to commit sexual violation:
d: an offence against section 129A of the Crimes Act 1961 (inducing sexual connection by coercion):
e: an offence against section 142A of that Act (compelling indecent act with animal):
f: being a party to the commission of any offence referred to in paragraphs (a) to (e)
g: conspiring with any person to commit any of those offences.
185C: Evidence of complainant
1: Despite anything in Part 5
a: the Court is satisfied that the complainant has been advised of the right to give evidence in the form of a written statement but nevertheless wishes to give evidence orally; or
b: the Court orders, either of its own motion or on the application of the defendant, that the complainant's evidence be given orally on the ground that it is necessary to hear the witness in order to determine whether there is sufficient evidence to commit the defendant for trial.
2: At any committal hearing, no person may be present in the courtroom except the following:
a: the Judge:
b: the prosecutor:
c: the defendant and any person who is for the time being acting as custodian of the defendant:
d: any barrister or solicitor engaged in the proceedings:
e: any officer of the Court:
f: any person who is for the time being responsible for recording the proceedings:
g: the constable
h: any accredited news media reporter:
i: any person whose presence is requested by the complainant:
j: any person expressly permitted by the Judge to be present.
3: Before the complainant commences to give evidence at the committal hearing, the Judge must—
a: ensure that no person other than those referred to in subsection (2)
b: advise the complainant of the complainant's right to request the presence of any person under subsection (2)(i)
185D: Child complainant's evidence may be given by video record
1: Despite anything in Part 5 section 185C
a: in the case of a standard committal,—
i: the complainant is under the age of 17 years or in the opinion of the prosecutor the complainant is mentally handicapped; and
ii: the Court is satisfied that the video record has been made, and is identified, in the prescribed manner and form:
b: in the case of a committal hearing an order has been made under section 178
i: either—
A: the complainant is under the age of 17 years; or
B: it is apparent to the Court from viewing the video record, or from some other admissible evidence, that the complainant is mentally handicapped; and
ii: the Court is satisfied that the video record has been made, and is identified, in the prescribed manner and form.
2: If the video record is shown at a committal hearing, only those persons specified in section 185C(1)
3: No report or account of any matters shown in the video record may be published, and every person who publishes a report or account of those matters commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
185E: Power of Court to prohibit publication of certain details
1: If, at the time of the standard committal or in any committal hearing to which this Part applies, the Court is of the opinion that the interests of the complainant so require, it may make an order forbidding the publication of any report or account giving details of the criminal acts alleged to have been performed on the complainant, or of any acts that the complainant is alleged to have been compelled or induced to perform, to consent to, or to acquiesce in.
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who commits a breach of any order made under subsection (1)
185F: Other powers of Court preserved
Nothing in section 185C(2) 185D 185E Section 12 (substituted section 158(2)(b)) amended 29 June 2009 section 215 Evidence Act 2006 Section 12 (inserted section 184Q) amended 29 June 2009 section 215 Evidence Act 2006 Section 12 amended 1 October 2008 section 116(a)(ii) Policing Act 2008
13: Rules and regulations
Section 212
ec: amending Schedule 1 by adding offences to, or removing offences from, Part 1 or Part 2 of that schedule:
ed: prescribing transitional arrangements for the trial and sentencing of persons charged with offences that are added to or removed from Part 1 or Part 2 of Schedule 1 .
14: Amendments to Schedule 1
1: The item relating to Part 5 of the Crimes Act 1961 in Part 1 98A Participation in organised criminal group
2: The item relating to Part 7 of the Crimes Act 1961 in Part 1
a: by inserting the following item after the item relating to sections 125 and 126: 129A(2) Inducing indecent act by threat
b: by omitting the items relating to section 132(2) and 132(3):
c: by omitting 135(1) 135
3: The items relating to Part 9A of the Crimes Act 1961 in Part 1 216F Unlawful disclosure
4: The item relating to Part 10 of the Crimes Act 1961 in Part 1
a: by omitting the item relating to section 219 of the Crimes Act 1961 and substituting the following items: 219, 223(a) to (c) Theft or stealing 220, 223(a) to (c) Theft by person in special relationship 221, 223(a) to (c) Theft of animals
b: by inserting the following item after the item relating to section 231 of the Crimes Act 1961: 232(2) Aggravated burglary
c: by omitting from the first column 236 236(2)
d: by omitting from the first column 239 239(2)
e: by omitting from the first column 240 240, 241(a) and (b)
f: by omitting from the first column 246 246, 247(a) and (b)
g: by inserting the following items after the item relating to section 250 of the Crimes Act 1961: 251 Making, selling, or distributing, or possessing software for committing crime 252 Accessing computer system without authorisation
h: by omitting from the first column 269 269(2) and (3)
i: by omitting the item relating to section 270 of the Crimes Act 1961.
5: Part 2
a: by inserting the following item after the items relating to the Auctioneers Act 1928: The Aviation Crimes Act 1972 11 Taking firearms, explosives, etc, on to aircraft
b: by inserting the following items before the items relating to the Commerce Act 1975: The Citizens Initiated Referenda Act 1993 43(4)(a) Making false returns 43(4)(b) Illegal practice regarding returns
c: by inserting the following item after the item relating to the Cornish Companies Management Act 1974: The Coroners Act 1988 43(4) False statement
d: by omitting the item relating to the Corporations (Investigation and Management) Act 1989 and substituting the following items in relation to that Act: 9 Information offences 17 Hindering inspection 20(1) Hindering investigation 20(2) Information offences 23 Information offences 35(1) Contravening Registrar 35(2) Obstruction 36 Unauthorised disclosure 43 Unauthorised removal of assets 68 Destroying, altering, or concealing records
e: by inserting the following item after the items relating to the Immigration Act 1987: The Industrial and Provident Societies Act 1908 15(c)(iii) False declaration
f: by adding the following item to the items relating to the Insolvency Act 1967: 128A Offence by undischarged bankrupt
g: by adding the following item to the items relating to the Land Transfer Act 1952: 228A Fraudulent removal of records
h: by inserting the following item before the item relating to the Local Electoral Act 2001: The Life Insurance Act 1908 29 Falsifying statements, etc
i: by inserting the following item after the items relating to the Prostitution Reform Act 2003: The Protection of Personal and Property Rights Act 1988 45(3) False statement
j: by inserting the following items after the items relating to the Referenda (Postal Voting) Act 2000: The Reserve Bank of New Zealand Act 1989 29 Making or issuing of other bank notes or coins 176 Offence against Act
k: by inserting the following items before the items relating to the Serious Fraud Office Act 1990: The Secret Commissions Act 1910 3 Gifts to agent without consent of principal an offence 4 Acceptance of such gifts by agent an offence 5 Duty of agent to disclose pecuniary interest in contract 6 Giving false receipt, invoice, etc, to agent an offence 7 Delivery of false receipt, etc, to principal an offence 8 Receiving secret reward for procuring contracts an offence 9 Aiding and abetting offences 10 Offences by person acting on behalf of agents
l: by inserting the following item after the item relating to the Trade Marks Act 2002: The Trade Unions Act 1908 29 Circulating false copies of rules, etc
15: Other amendments to principal Act
Schedule 1 Repeals, consequential amendments, review provision, and transitional provisions
16: District Courts Act 1947 amended
Section 28C of the District Courts Act 1947 is repealed. OIC — SR 2009/128 2009-06-29 District Courts Act 1947
17: Repeals
The enactments specified in Schedule 2 OIC — SR 2009/128 2009-06-29 Bail Act 2000 Crimes Act 1961 Crimes Amendment Act 1973 Crimes Amendment Act 1995 Crimes Amendment Act (No 2) 1995 Criminal Justice Act 1985 Evidence (Witness Anonymity) Amendment Act 1997 Summary Proceedings Amendment Act 1961 Summary Proceedings Amendment Act 1964 Summary Proceedings Amendment Act 1973 Summary Proceedings Amendment Act 1976 Summary Proceedings Amendment Act 1979 Summary Proceedings Amendment Act 1980 Summary Proceedings Amendment Act (No 2) 1982 Summary Proceedings Amendment Act (No 3) 1982 Summary Proceedings Amendment Act (No 4) 1985 Summary Proceedings Amendment Act (No 2) 1986 Summary Proceedings Amendment Act (No 2) 1987 Summary Proceedings Amendment Act (No 2) 1989 Summary Proceedings Amendment Act 1991 Summary Proceedings Amendment Act 1993 Summary Proceedings Amendment Act 1994 Summary Proceedings Amendment Act (No 2) 1996 Summary Proceedings Amendment Act 1998 Summary Proceedings Amendment Act (No 2) 1998 Summary Proceedings Amendment Act 2000
18: Consequential amendments
The Acts and regulations in Schedule 3 OIC — SR 2009/128 2009-06-29 Bail Act 2000 Children, Young Persons, and their Families Act 1989 Costs and Criminal Cases Act 1967 Crimes Act 1961 Criminal Procedure (Mentally Impaired Persons) Act 2003 District Courts Act 1947 Evidence Amendment Act 1980 (No 2) Evidence Act 2006 Extradition Act 1999 International Crimes and International Criminal Court Act 2000 Land Transport Act 1998 Mental Health (Compulsory Assessment and Treatment) Act 1992 Costs in Criminal Cases Regulations 1987 Crown Solicitors Regulations 1994 Evidence (Videotaping of Child Complainants) Regulations 1990
19: Review of new Part 5 of principal Act
Section 19 repealed 1 July 2013 section 9 Summary Proceedings Amendment Act (No 2) 2011
20: Transitional provision
Section 20 repealed 1 July 2013 section 9 Summary Proceedings Amendment Act (No 2) 2011


Victims' Rights Amendment Act 2008

1: Title
This Act is the Victims' Rights Amendment Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Victims' Rights Act 2002 2008-06-26 Victims' Rights Act 2002
4: New section 16A inserted
The following section is inserted after section 16
16A: Criminal proceedings to which section 16 does not apply
Nothing in section 16 applies to a criminal proceeding if it is necessary to disclose the information in the charge in order to ensure that the defendant is fully and fairly informed of the nature of the charge.


1: Title
This Act is the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008.
2: Commencement
1: Section 6
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Summary Offences Act 1981 2008-09-25 Summary Offences Act 1981 2008-06-26 Summary Offences Act 1981
1: Graffiti vandalism
4: New sections 11A and 11B inserted
1: The following sections are inserted after section 11
11A: Graffiti vandalism, tagging, defacing, etc
A person is liable to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002) or a fine not exceeding $2,000, or to both, if he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,—
a: without lawful authority; and
b: without the consent of the occupier or owner or other person in lawful control.
11B: Possession of graffiti implements
A person is liable to a sentence of community work or a fine not exceeding $500, or to both, if without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against section 11A
2: Section 33
a: omitting , defacing, etc.
b: repealing paragraph (b).
2: Spraycans
5: New heading and section 14A inserted
1: The following heading and section are inserted after section 14 Spraycans
14A: Sale of spraycans to people under 18 prohibited
1: A person who sells a spraycan to a person under the age of 18 years is liable to a fine not exceeding $1,500.
2: In any proceedings for an offence against subsection (1) buyer
a: the defendant is—
i: a Board (within the meaning of section 2(1) of the Education Act 1989), or an employee of a Board; or
ii: the governing body of a tertiary education provider (within the meaning of section 159(1) of the Education Act 1989), or an employee of a tertiary education provider; and
b: when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and
c: the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.
3: In any proceedings for an offence against subsection (1) buyer
a: before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and
b: the defendant believed on reasonable grounds that the document—
i: was in fact an evidence of age document; and
ii: related to the buyer; and
iii: indicated that the buyer was of or over the age of 18 years.
4: For the purposes of subsection (3) evidence of age document
a: contains—
i: a photograph of the person to whom it is issued; and
ii: information enabling the person's age to be determined; and
b: is—
i: a New Zealand passport; or
ii: an overseas passport; or
iii: a driver licence issued under the Land Transport Act 1998; or
iv: a document of the kind described in section 2A(2)(d) of the Sale of Liquor Act 1989.
2: Section 2(1) serious drug offence spraycan
a: contains paint, dye, ink, or some other pigment; and
b: is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means) .
6: New section 14B inserted
1: The following section is inserted after section 14A (as inserted by section 5
14B: Access to spraycans in shops to be restricted
1: This subsection applies to a spraycan if—
a: it is kept for sale in a part of a shop to which members of the public have access; and
b: it is not—
i: under the physical control of the occupier of the shop, or an agent or employee of the occupier; or
ii: under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and
c: the shop is open to the public.
2: The occupier of a shop must ensure that every spraycan in the shop to which subsection (1)
3: The occupier of a shop who fails or refuses to comply with subsection (2)
2: Section 2(1) serious drug offence shop
a: includes—
i: an auction mart; and
ii: a barrow, stall, or other subdivision of a market; but
b: does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again .
3: Repeal
7: Manukau City Council (Control of Graffiti) Act 2008 repealed
The Manukau City Council (Control of Graffiti) Act 2008 2008-06-26 Manukau City Council (Control of Graffiti) Act 2008


1: Title
This Act is the Appropriation (2007/08 Supplementary Estimates) Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 9 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2008.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2008 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
d: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates
a: for each multi-class output expense appropriation under section 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 7 or 8 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 9 Type, Title, Scope and Period of Appropriations Details of Multi-Year Appropriations Supplementary Estimates The Supplementary Estimates of Appropriations and Supporting Information for the Government of New Zealand for the Year Ending 30 June 2008 this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations additional to, or in reduction of, other appropriations
The appropriations authorised by sections 7 and 8 Appropriation (2007/08 Estimates) Act 2007
7: Appropriations for expenses and capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: either—
i: the amount authorised by the Appropriation (2007/08 Estimates) Act 2007 column 4 of Schedule 1
ii: if no amount was authorised by the Appropriation (2007/08 Estimates) Act 2007 column 4 of Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which an intelligence and security department is authorised to incur expenses and capital expenditure, is made for each of the expenses and capital expenditure set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount authorised by the Appropriation (2007/08 Estimates) Act 2007 column 4 of Schedule 2
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 3
b: the categories of other expenses set out in column 3 of Schedule 3
c: the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount authorised by the previous authorities specified in column 6 of Schedule 3 column 5 of Schedule 3
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 4
a: column 3
b: column 8
c: column 9
11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 5
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A


1: Title
This Act is the Imprest Supply (First for 2008/09) Act 2008.
2: Commencement
This Act comes into force on 1 July 2008.
3: Repeal of this Act
This Act is repealed on the coming into force of the first Appropriation Act for the 2008/09 year. Appropriation (2008/09 Estimates) Act 2008 commenced 13 August 2008 2008-08-13 Imprest Supply (First for 2008/09) Act 2008
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the financial year ending with 30 June 2009 in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2007/08 Supplementary Estimates) Act 2008.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2008/09 year expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure department financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1)
6: Authority to incur expenses
1: Expenses may, during the 2008/09 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) during the 2008/09 year must not exceed in the aggregate the sum of $11,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2008/09 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2008/09 year must not exceed in the aggregate the sum of $23,500 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of the Appropriation Act in which that manner is specified, those expenses and that capital expenditure may be incurred during the 2008/09 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 4
2: The amount of net asset holding in a department (other than an intelligence and security department) or an Office of Parliament during the 2008/09 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 4
4: For the purposes of subsections (1) and (2), the amount of net asset holding in a department or an Office of Parliament does not include—
a: any operating surplus retained as agreed between the Minister and the Responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 4
b: any remeasurement of a department’s or an Office of Parliament’s reported net asset holding as set out in section 22(2) Schedule 4
5: Subsections (2) and (3) apply despite section 22(3)