Bail Amendment Act 2002

Bail Amendment Act 2002

Public Act2002 No 57
Date of assent18 December 2002

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Bail Amendment Act 2002.

    (2) In this Act, the Bail Act 2000 is called the principal Act.

2 Commencement
  • Except as provided in section 7(2), this Act comes into force on the day after the date on which it receives the Royal assent.

3 Evidence in bail hearing
  • Section 20 of the principal Act is amended by repealing subsection (2), and substituting the following subsection:

    • (2) Despite subsection (1), when considering the matter described in section 8(2)(b),—

      • (a) the court may only consider a statement, document, information, or matter that would be admissible in a court of law if made by the appropriate person or given or produced in proper form; but

      • (b) for the purpose of the bail hearing, it does not matter whether the evidence—

        • (i) is given or produced by the appropriate person or given or produced in sworn or unsworn form; or

        • (ii) is otherwise given or produced in a form in which it would be admissible in a court of law.

4 Defendant admitted to bail by member of police
  • Section 21 of the principal Act is amended by inserting, after subsection (2), the following subsection:

    • (2A) Despite section 7, no defendant is entitled to be granted bail under this section as of right.

5 Appeal from decision of District Court relating to bail
  • Section 41 of the principal Act is amended by repealing subsection (5).

6 Schedule 1 amended
  • Schedule 1 of the principal Act is amended by omitting from the item relating to section 45 the expression subsection (4), and substituting the expression subsection (3).

7 Schedule 2 amended
  • (1) Schedule 2 of the principal Act is amended by omitting from the item relating to the Extradition Act 1999 the item relating to section 44(3) of that Act that appears immediately above the item relating to section 46(1)(a) of that Act.

    (2) The amendment in subsection (1) is deemed to have come into force on 1 January 2001.


Legislative history

12 December 2002Divided from Statutes Amendment Bill (No 2) (Bill 198-2), third reading