5 Interpretation

In this Act, unless the context otherwise requires,—

before the trial means—

(a)

in the case of a Judge-alone trial, before the proceedings under section 105 begin; and

(b)

in the case of a jury trial, before the defendant is given in charge to the jury

category 1 offence, category 2 offence, category 3 offence, and category 4 offence have the meanings given to them in section 6

constable has the meaning given to it in section 4 of the Policing Act 2008

court means a court presided over by a judicial officer with authority to exercise the court’s jurisdiction in relation to the matter

Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

Crown prosecution means a prosecution of a kind specified in regulations made under section 387 other than a private prosecution

Crown prosecutor means—

(a)

a Crown solicitor or a lawyer representing a Crown solicitor; or

(b)

any other lawyer employed or instructed by the Solicitor-General to conduct a Crown prosecution

Crown solicitor means a lawyer holding a warrant of appointment as a Crown solicitor from the Governor-General

defendant means any person charged with an offence; and includes—

(a)

a person against whom proceedings have been commenced by filing a charging document in relation to an offence in any category; and

(b)

a Crown organisation, if proceedings are brought against it for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002; and

(c)

a person in respect of whom an application is made under subpart 2 of Part 8

document

(a)

means a document in any form (including, without limitation, a document in an electronic form); and

(b)

includes, without limitation, any of the following:

(i)

any writing on any material:

(ii)

information recorded or stored by means of a tape recorder, computer, or other device:

(iii)

material subsequently derived from information recorded or stored in the manner described in subparagraph (ii):

(iv)

labels, markings, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(v)

books, maps, plans, graphs, or drawings:

(vi)

photographs, films, negatives, tapes, or any other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic

formal statement has the meaning given to it in section 82

hearing includes a trial

imprisonable offence means,—

(a)

in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:

(b)

in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual

infringement offence has the meaning given to it in section 2 of the Summary Proceedings Act 1957

Judge-alone trial means a trial in accordance with subparts 1 and 3 of Part 4 and any other applicable provision of Part 5

judicial officer means a High Court Judge, a District Court Judge, a Community Magistrate, or a Justice of the Peace

jury trial means a trial in accordance with subparts 2 and 3 of Part 4 and any other applicable provision of Part 5

Justice means a Justice of the Peace

lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor under the Lawyers and Conveyancers Act 2006

level of trial court, in relation to a proceeding, means either the High Court or the District Court as determined under section 71, 72, 73, or 74, as the case may be

permanent court record means the permanent court record referred to in section 184

Police employee has the meaning given to it in section 4 of the Policing Act 2008

private prosecution means a proceeding against a defendant in respect of an offence that is not—

(a)

a public prosecution; or

(b)

a proceeding in respect of an offence commenced by or on behalf of a local authority, or other statutory public body or board,—

and private prosecutor has a corresponding meaning

prosecutor means the person who is for the time being conducting the case against the defendant in accordance with section 10

protocol offence means a category 2 or 3 offence that is covered by the protocol established under section 66

public prosecution means a proceeding in respect of an offence that is commenced by or on behalf of the Crown, and includes a proceeding in respect of an offence that is commenced by or on behalf of a Crown entity within the meaning of section 7 of the Crown Entities Act 2004

Registrar means the Registrar of a court; and includes a Deputy Registrar

representative, in relation to a corporation, means a person duly appointed by the corporation to represent it to do any act or thing specified by the corporation for the purposes of this Act

rules of court means rules made under section 386 of this Act, section 148 of the Senior Courts Act 2016, and section 228 of the District Court Act 2016, or any of those enactments

special plea means a plea referred to in section 45(1)

trial,—

(a)

in subpart 1 of Part 4, means a Judge-alone trial:

(b)

in subpart 2 of Part 4, means a jury trial:

(c)

in the other provisions of this Act, means a Judge-alone trial or jury trial

trial court means, in any particular case, the court before which the defendant, in accordance with subpart 6 of Part 3, is to be tried

victim has the meaning given to it in section 4 of the Victims’ Rights Act 2002

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

a day in the period commencing on 25 December in any year and ending with 15 January in the following year.

Compare: 1957 No 87 s 2

Section 5 imprisonable offence: inserted, on 1 July 2013, by section 4 of the Criminal Procedure Amendment Act 2013 (2013 No 25).

Section 5 level of trial court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 5 rules of court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 5 rules of court: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 5 working day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).