District Courts Amendment Act (No 2) 2011

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

District Courts Amendment Act (No 2) 2011

Public Act2011 No 88
Date of assent17 October 2011
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the District Courts Amendment Act (No 2) 2011.

2 Commencement
  • This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council.

    Section 2: this Act brought into force, on 1 July 2013, by the District Courts Amendment Act (No 2) 2011 Commencement Order 2013 (SR 2013/164).

3 Principal Act amended
4 New section 5B inserted
  • The following section is inserted after section 5A:

    5B Appointment of jury trial Judges
    • (1) The Governor-General must, by warrant, appoint sufficient Judges to exercise the criminal jurisdiction of the courts in respect of jury trials under the Criminal Procedure Act 2011.

      (2) The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge.

      Compare: 1947 No 16 s 28B.

5 New sections 11CA to 11CE inserted
  • The following sections are inserted after section 11C:

    11CA No proceeding against Community Magistrate unless he or she acted without jurisdiction
    • (1) No proceeding may be commenced against any Community Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.

      (2) If a warrant to seize property or warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it.

      Compare: 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193

    11CB No proceeding against Community Magistrate to be commenced in District Court
    • No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in a District Court.

      Compare: 1927 No 37 s 353; 1957 No 87 s 194

    11CC Onus of proof
    • In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it.

      Compare: 1927 No 37 s 365; 1957 No 87 s 195

    11CD Plaintiff may be ordered to give security for costs
    • (1) This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.

      (2) The High Court or any Judge of that Court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.

      (3) If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed.

      Compare: 1927 No 37 ss 357, 359; 1957 No 87 s 196

    11CE Indemnity to Community Magistrate
    • (1) Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.

      (2) The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—

      • (a) the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and

      • (b) in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.

      (3) Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.

      (4) The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—

      • (a) the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and

      • (b) in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and

      • (c) the amount paid or agreed to be paid was fair and reasonable.

      (5) If the High Court Judge is not satisfied of the matter in subsection (4)(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.

      (6) Application for a certificate under any of subsections (2), (4), or (5) may be made by a Community Magistrate at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.

      (7) A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it.

      Compare: 1957 No 87 s 197.

6 Principal Act amendments taking into account section 14 of District Courts Amendment Act 2011
  • (1) If section 14 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84C(2)(c) of the principal Act is amended by omitting section 46 of the Summary Proceedings Act 1957 and substituting section 168 of the Criminal Procedure Act 2011; and

    • (b) new section 84EA(5)(c) as inserted by section 14 of the District Courts Amendment Act 2011 is amended by omitting section 46 of the Summary Proceedings Act 1957 and substituting section 168 of the Criminal Procedure Act 2011; and

    • (c) subsection (2) of this section is repealed.

    (2) [Repealed]

    Section 6(2): repealed, on 1 July 2013, by section 6(1)(c).

7 Principal Act amendment further taking into account section 14 of District Courts Amendment Act 2011
  • (1) If section 14 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84C(2)(d) of the principal Act is amended by omitting constable and substituting Police employee; and

    • (b) subsection (2) of this section is repealed.

    (2) [Repealed]

    Section 7(2): repealed, on 1 July 2013, by section 7(1)(b).

8 Amendment to principal Act taking into account section 19 of District Courts Amendment Act 2011
  • (1) If section 19 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84K(1) of the principal Act is amended by omitting summary; and

    • (b) subsection (2) of this section is repealed.

    (2) [Repealed]

    Section 8(2): repealed, on 1 July 2013, by section 8(1)(b).

9 Principal Act: first amendment taking into account section 23 of District Courts Amendment Act 2011
  • (1) If section 23 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84O(6)(b) of the principal Act is amended by omitting section 46 of the Summary Proceedings Act 1957 and substituting section 168 of the Criminal Procedure Act 2011; and

    • (b) new section 84OB(3)(d) as inserted by section 23 of the District Courts Amendment Act 2011 is amended by omitting section 46 of the Summary Proceedings Act 1957 and substituting section 168 of the Criminal Procedure Act 2011; and

    • (c) subsection (2) of this section is repealed.

    (2) [Repealed]

    Section 9(2): repealed, on 1 July 2013, by section 9(1)(c).

10 Principal Act: second amendment taking into account section 23 of District Courts Amendment Act 2011
  • (1) If section 23 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84O(6)(c) of the principal Act is amended by omitting constable in each place where it appears and substituting in each case Police employee; and

    • (b) subsection (2) is repealed.

    (2) [Repealed]

    Section 10(2): repealed, on 1 July 2013, by section 10(1)(b).

11 Principal Act: third amendment taking into account section 23 of District Courts Amendment Act 2011
  • (1) If section 23 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—

    • (a) section 84O(7) of the principal Act is amended by omitting on an information; and

    • (b) section 84O(8) of the principal Act is amended by omitting on an information; and

    • (c) section 23 of the District Courts Amendment Act 2011 is amended by omitting from new section 84O(6) on an information and substituting before a Judge alone in relation to a charge; and

    • (d) subsection (2) of this section is repealed.

    (2) [Repealed]

    Section 11(2): repealed, on 1 July 2013, by section 11(1)(d).

12 Further amendments to principal Act
  • The principal Act is amended as set out in the Schedule.


Schedule
Amendments to principal Act

s 12

Long Title

Omit Summary Proceedings Act 1957 and substitute Criminal Procedure Act 2011.

Section 2(2)

Omit Summary Proceedings Act 1957 and substitute Criminal Procedure Act 2011.

Section 4

Subsection (2): omit summary criminal jurisdiction under the Summary Proceedings Act 1957 and substitute jurisdiction to conduct Judge-alone trials in accordance with the Criminal Procedure Act 2011.

Subsection (2A): repeal and substitute:

  • (2A) The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of jurisdiction to conduct jury trials in accordance with the Criminal Procedure Act 2011.

Section 4A(1)

Omit summary and substitute Judge-alone.

Section 8(c)

Omit Summary Proceedings Act 1957 and substitute Criminal Procedure Act 2011.

Section 11C(1)

Repeal paragraph (a) and substitute:

  • (a) by the Criminal Procedure Act 2011; or.

Section 19(1)

Omit in a summary way.

Section 20(2)

Omit summary.

Section 21

Subsection (3): omit summary and substitute Judge-alone.

Subsection (4): omit trials on indictment and substitute jury trials.

Part 2A

Repeal.

Section 30(2)

Omit on indictment or on summary conviction.

Section 84J(6)

Omit summary.

Section 85A(5)

Omit summary.

Section 87

Omit summary.

Section 114

Omit summary.

Section 116A(2)

Omit on indictment.

Section 121(1)

Omit summary.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the District Courts Amendment Act (No 2) 2011. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)