New Zealand Legislation: Acts

31 Conditions of bail

• (1) Subject to section 32 and to sections 39A and 65A, if a defendant is granted bail, the defendant must be released on condition that the defendant attend personally—

  • (a) at the time and place at which the hearing is adjourned; or

  • (b) at every time and place to which, during the course of the proceedings, the hearing may from time to time be adjourned.

  (2) The District Court or Registrar may impose, as a further condition of the defendant's release, a condition that the defendant report to the Police at the time or times and at the place or places that the court or Registrar orders.

  (3) Whether or not the District Court or Registrar imposes a condition under subsection (2), the court or Registrar may impose any other condition that the court or Registrar considers reasonably necessary to ensure that the defendant—

  • (a) appears in court on the date to which the defendant has been remanded; and

  • (b) does not interfere with any witness or any evidence against the defendant; and

  • (c) does not commit any offence while on bail.

  (4) Despite subsection (3), the court or Registrar must not require as a further condition of the defendant's release the deposit of any sum or the entering into of any obligation in the nature of a bond, guarantee, or surety, whether by the defendant or any other person.

  Compare: 1957 No 87 s 49

  Section 31(1): amended, on 7 July 2004, by section 20 of the Sentencing Amendment Act 2004 (2004 No 68).