Reprint as at 8 April 2019

Coat of Arms of New Zealand

Courts Matters Act 2018

Public Act
 
2018 No 50
Date of assent
 
13 November 2018
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Principal Act
4Long Title amended
5Section 2 amended (Interpretation)
6Section 3 amended (Meaning of court and courtroom)
7New section 11A and cross-heading inserted
11ARight of public to enter and remain in areas of court open to public
8Section 15 amended (Power to ask to examine detected items)
9New section 15A inserted (Removal or disposal of alcohol)
15ARemoval or disposal of alcohol
10Section 16 replaced (Power to seize detected items)
16Power to seize detected items
11Section 17 amended (Power to ask to take detected items into temporary custody)
12New section 18A inserted (General power to deny entry to, or remove person from, court)
18AGeneral power to deny entry to, or remove person from, court
13Section 19 amended (Power to detain if court security officer has reasonable grounds to believe person may have committed specified offence)
14New section 19A inserted (Power to detain in other circumstances)
19APower to detain in other circumstances
15Section 20 amended (Powers to seize items and detain persons)
16New section 20A inserted (Power to pursue person)
20APower to pursue person
17Section 21 amended (Power to use reasonable force)
18Section 22 amended (Consequences of denial of entry to, or removal from, court)
19Section 23 amended (Duty of court security officer to inform of consequences when person denied entry or removed)
20Section 24 amended (Powers not generally applicable to presiding judicial officers and other exempted persons)
21Section 25 amended (Powers not generally applicable to persons in custody of certain agencies)
22Section 26 amended (When powers applicable to persons in custody of certain agencies)
23Section 28 amended (When powers applicable in courtroom where proceedings being heard)
24Section 29 amended (Powers not generally applicable if Police involved)
25Section 35 amended (Powers of other persons not affected)
26Section 36 amended (Regulations)
27Principal Act
28New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
29Section 6 amended (Categories of offence defined)
30New section 34A inserted (When warrant may be issued irrespective of whether summons has been issued or served)
34AWhen warrant may be issued irrespective of whether summons has been issued or served
31Section 56 amended (Information to be provided in case management memorandum)
32Section 82 amended (Requirements for formal statements)
33Section 119 amended (Non-attendance of defendant charged with offence in category 1)
34Section 124 amended (Procedure when hearing proceeds in absence of defendant)
35New section 136A inserted (Procedure if charge added during trial)
136AProcedure if charge added during trial
36Section 138 replaced (Trial of different charges together)
138Trial of different charges together
37Section 139 amended (Procedure if charges to be heard together)
38Section 162 amended (To whom warrant to be directed and power of person executing warrant to enter premises)
39New section 192A inserted (Power of Solicitor-General or Crown prosecutor to join charge or charges)
192APower of Solicitor-General or Crown prosecutor to join charge or charges
40Section 219 amended (First appeal courts)
41Section 230 amended (First appeal courts)
42Section 247 amended (First appeal courts)
43Section 272 amended (First appeal courts)
44Section 297 amended (First appeal courts)
45Section 357 amended (Jurisdiction of Community Magistrates to impose sentence in respect of certain category 2 offences)
46Section 400 replaced (Defendants and proceedings to be tried together)
400When defendants or proceedings to be heard together under same procedural law
47Section 403A amended (Transitional provision regarding effect of appeal on sentence of home detention)
48New Schedule 1AA inserted
49Principal Act
50New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
51Sections 23A and 24 replaced
23AService of documents under this Part
24Ways documents may be served
52Sections 25 to 27 repealed
53Sections 28 and 29 replaced
28Service provisions modified in special cases
29Proof of service of documents
54New cross-heading above section 30 inserted
55Section 79 amended (Interpretation)
56Section 79A amended (Service of documents under this Part)
57Section 79B amended (Service provisions modified in special cases)
58Section 84 amended (Notice of fine)
59Section 86 amended (Registrar may arrange extension of time to pay)
60Section 86A amended (Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order)
61New sections 86DA to 86DD inserted
86DAChief executive may approve automated electronic system to arrange extension of time to pay fine or to vary or suspend existing arrangement
86DBChief executive may approve automated electronic system to add fine to existing arrangement, attachment order, or deduction notice without notice
86DCApproval of automated electronic systems
86DDRegistrar or chief executive may require bank to cancel automatic payment
62New section 86I inserted (Financial assessment if fine is unpaid)
86IFinancial assessment if fine is unpaid
63Section 87 amended (Action if fine or instalment not paid or if arrangement or attachment order cancelled)
64New sections 87AAA and 87AAB inserted
87AAAAgreements to vary charge on land
87AABEnforcement of charge on land
65Section 87B amended (Deduction of fines)
66Section 88 amended (Actions if fine remains unpaid)
67Section 88AA amended (Form and execution of warrant for arrest)
68Section 88AE amended (Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88(2)(b) or 88AD(2)(c))
69Section 89 amended (Rights of representation and appeal)
70Section 92B amended (Purpose of disclosure and use of information)
71Section 92H amended (Monitoring and audits by chief executive)
72Section 97 amended (Purposes of sections 98 to 100T)
73Section 100E amended (Release of property if fine and other costs paid or if certain appeals successful)
74Section 100F amended (Release of property to certain owners)
75Section 100H amended (Lessor may apply to Registrar)
76Section 100I amended (What happens if lessor does not apply to Registrar before property sold or disposed of)
77Section 100J amended (Claims by secured parties)
78Section 100L amended (Sale of secured property by secured party or by court)
79Section 100N amended (Application of proceeds of sale by secured party)
80Section 100O amended (Failure by secured party to sell or account for proceeds)
81Section 100P amended (Sale or disposal of property seized)
82Section 100R amended (Application of proceeds of sale)
83New section 100RA inserted (Application of proceeds of sale of real property)
100RAApplication of proceeds of sale of real property
84Section 102B amended (Proceedings against bailiffs acting under warrants)
85Section 103 amended (Effect of attachment order)
86Section 105 amended (Content of attachment orders)
87Section 106 amended (Liability of employer)
88Section 212 amended (Rules and regulations)
89New Schedule 1 inserted
90Amendments to other enactments
91Principal Act
92Section 26 amended (Breach of condition of Police bail)
93Sections 33 and 34 replaced
33Variation of conditions of bail
34Consequences of variation of conditions of bail
94Section 40 amended (Bail on deferment of sentence)
95Sections 41 to 52 and cross-headings replaced
41Interpretation
42Appeal against decision relating to bail
43Procedure relating to appeal under section 42
44Execution of decision of appeal court on appeal relating to bail under section 42
96Section 52A amended (Period for which warrant for detention in custody may be issued)
97Sections 54 and 55 replaced
54Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court
54AAppeal against entry by court of non-performance of condition of bail in court record
55When person is in custody or on home detention for purposes of section 54
98Section 58 amended (Time on bail pending appeal not to be taken as time served)
99Amendments to Sentencing Act 2002
100Amendment to Extradition Act 1999
101Amendment to International Crimes and International Criminal Court Act 2000
102Principal Act
103Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
104Section 47B amended (Mandatory statement and evidence in applications)
105Section 49A amended (Interim parenting order where parent does not have day-to-day care for, or contact with, child)
106Section 133 amended (Reports from other persons)
107Principal Act
108Section 8 amended (Use of audio-visual links in criminal procedural matters)
109Principal Act
110Section 3 amended (Purpose and overview)
111Section 10 amended (Service)
112Section 33 amended (Appeals)
113Principal Act
114Section 13 amended (Application for order authorising taking of bodily sample)
115Section 14 amended (Prohibition against publication of name of respondent)
116Section 15 amended (Information may be withheld from respondent)
117Section 16 amended (Judge may authorise bodily sample to be taken)
118Section 61 amended (Extension of period for which sample may be retained)
119Consequential amendment to Criminal Investigations (Bodily Samples) Regulations 2004
120Principal Act
121Section 3 amended (Purpose)
122New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
123Subpart 1 heading in Part 2 replaced
124Section 7 amended (When finding of unfitness to stand trial may be made)
125New section 8A inserted (Determining if defendant unfit to stand trial)
8ADetermining if defendant unfit to stand trial
126Section 9 repealed (Court must be satisfied of defendant’s involvement in offence)
127Section 10 amended (Inquiry before trial into defendant’s involvement in the offence)
128Section 11 amended (Inquiry during Judge-alone trial into defendant’s involvement)
129Section 12 amended (Inquiry during jury trial into defendant’s involvement)
130Section 13 amended (Outcome of consideration of defendant’s involvement)
131Section 14 repealed (Determining if defendant unfit to stand trial)
132Section 15 amended (Jurisdiction may be exercised in absence of defendant)
133Section 16 amended (Appeal by defendant against finding relating to fitness to stand trial)
134Section 17 amended (Matters for appellate court on appeal under section 16)
135New Schedule 1AA inserted
136Schedule amended
137Principal Act
138Section 142 amended (Discharge or variation of registered or confirmed order)
139Section 142E amended (Provisional order discharging, etc, child maintenance order)
140Principal Act
141Section 2 amended (Interpretation)
142Section 5 amended (Jury districts)
143Section 14AC amended (Counsel to inspect protected particulars, and exercise rights of challenge, for litigant in person)
144Section 14B amended (Deferral of jury service)
145Section 14C amended (Further provisions relating to deferral of jury service)
146Section 16AA amended (Judge may discharge summons of person with disability or language difficulty)
147Principal Act
148Section 31 amended (Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A))
149Section 91B amended (Ways in which warning notice or driver licence stop order must be served)
150Section 91E amended (Imposition of driver licence stop order)
151Principal Act
152New section 4A inserted (Transitional, savings, and related provisions)
4ATransitional, savings, and related provisions
153Section 12 amended (Court may appoint welfare guardian)
154Section 45 amended (Statements required)
155Section 46 amended (Statement to be examined by or on behalf of Public Trust)
156Section 48 amended (Enforcement of manager’s duty to prepare and file statements)
157Section 74 amended (Attendance of person in respect of whom application is made)
158Section 86 amended (Review of personal orders)
159Section 87 amended (Review of property orders)
160New Schedule 1AA inserted
161Principal Act
162Section 49 amended (Powers exercisable by Judges)
163Principal Act
164Section 137 amended (Sale of confiscated motor vehicles)
165Section 141B amended (Application of proceeds of sale by secured party)
166Principal Act
167New sections 24A to 24C and cross-heading inserted
24APower to clear court and restrict publication of proceedings
24BApplication for renewal or review of order made under section 24A
24CContravention of orders made under section 24A
168Amendments to Victims’ Orders Against Violent Offenders Rules 2014
Reprint notes

The Parliament of New Zealand enacts as follows: