New Zealand Legislation: Acts

7 Rules as to granting bail

• (1) A defendant is bailable as of right who is charged with an offence that is not punishable by imprisonment.

  (2) A defendant is bailable as of right who is charged with an offence for which the maximum punishment is less than 3 years' imprisonment, unless the offence is one against section 194 of the Crimes Act 1961 (which relates to assault on a child, or by a male on a female) or against section 49 of the Domestic Violence Act 1995 (which relate to contravention of a protection order).

  (3) A defendant is bailable as of right who is charged with an offence against any of the following provisions of the Crimes Act 1961, namely:

  • (a) section 111 (false statements or declarations):

  • (b) section 151 (duty to provide the necessaries of life):

  • (c) section 152 (duty of parent or guardian to provide necessaries):

  • (d) section 153 (duty of employers to provide necessaries):

  • (e) section 154 (abandoning child under 6):

  • (f) section 190 (injuring by unlawful act):

  • (g) section 202 (setting traps, etc):

  • (h) section 249 (acknowledging instrument in false name):

  • (i) section 262 (taking reward for recovery of stolen goods):

  • (j) section 280 (imitating authorised marks):

  • (k) section 281 (imitating customary marks).

  (4) Despite anything in this section, a defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment.

  (5) Subject to sections 9 to 17, a defendant who is charged with an offence and is not bailable as of right must be released by a court on reasonable terms and conditions unless the court is satisfied that there is just cause for continued detention.

  Compare: 1961 No 43 s 319

  Section 7(2): amended, on 28 October 2009, by section 4 of the Bail Amendment Act 2009 (2009 No 45).