Hon Phil Goff
Government Bill
158—2
As reported from the Law and Order Committee
Commentary
Key
1 Title
2 Commencement
Part 1Crimes Act 1961
3 Crimes Act 1961 called principal Act in this Part
4 Commencement
5 New sections 361D and 361E inserted
361D Judge may order trial without jury in certain cases that are likely to be long and complex
361E Judge may order trial without jury in cases involving intimidation of juror or jurors
6 Evidence and addresses
7 New heading and sections 378A to 378F inserted
Retrials of previously acquitted persons
378A Order for retrial may be granted if acquittal tainted
378B Meaning of terms used in sections 378C and 378D
378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
378D Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
378E Orders to safeguard fairness of retrial
378F Effect of order for retrial
8 Right of appeal in certain cases
9 New section 381A inserted
381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
10 Powers of Court of Appeal where appeal is on question of law
11 Right of appeal against conviction or sentence
12 New section 384A inserted
384A Jurisdiction in certain cases where appeals lie to different Courts
13 Determination of appeals in ordinary cases
14 Right of appellant to be represented and restriction on attendance
14A Judgment of Court of Appeal
15 Prerogative of mercy
16 Transitional provision
Part 2Criminal Disclosure
17 Commencement
Preliminary provisions
18 Purpose and overview
19 Application of Part
20 Part binds the Crown
Interpretation provisions
21 Interpretation
22 Meaning of Court and Judge
23 Meaning of relevant
24 Time of commencement of criminal proceedings
General provisions about disclosure of information
25 Service
26 Exercise of defendant's rights and duties by defendant's counsel
Disclosure by prosecutor
27 Initial disclosure
28 Full disclosure
29 Request for additional disclosure
30 Prosecutor not required to record information or to obtain information for sole purpose of disclosure
31 Reasons for withholding information
32 Restriction on disclosing address of witness or informant
33 Trade secrets may be withheld
34 Inspection of exhibit by defendant
Disclosure by defendant
35 Notice to defendant of disclosure requirements in sections 37 and 38
36 Notice to defendant of disclosure requirement in section 176 of Summary Proceedings Act 1957
37 Notice of alibi
38 Disclosure by defendant of evidence to be given by expert witness
Disclosure by non-parties
39 Application for non-party disclosure hearing
40 Determination of application for non-party disclosure hearing
41 Service of application and summons if application for hearing granted
42 Non-party disclosure hearing
43 Procedure if Judge subsequently satisfied that another person holds information sought
44 Determination of Court following non-party disclosure hearing
General powers of Courts in relation to disclosure
45 Court order for disclosure of information
46 Court order setting conditions for inspection of exhibit
General provisions
47 Court may make orders setting out timetable for disclosure
48 Appeals
49 Undisclosed information
Miscellaneous provisions
50 Certain applications must be on notice
51 Regulations
Amendments to other enactments
52 Amendment to Local Government Official Information and Meetings Act 1987
53 Amendment to Official Information Act 1982
54 Amendments to Privacy Act 1993
55 Other amendments and repeals
Transitional and savings provisions
56 Transitional provision
57 This Part not to limit or affect other enactments relating to availability of information
Part 3District Courts Act 1947
58 District Courts Act 1947 called principal Act in this Part
59 Commencement
60 Extent of jurisdiction under Part II of this Act
61 Maximum sentences
62 Appeal against sentence
62A Regulations
63 New Schedule 1A substituted
64 Transitional provision
Part 4Juries Act 1981
65 Juries Act 1981 called principal Act in this Part
66 Commencement
67 Interpretation
68 Jury districts
69 Transitional provision
70 Certain persons not to serve
71 Access to, and confidentiality of, jury lists
72 Registrar may amend jury list
73 Inspection of jury panel
74 New section 14A inserted
14A Restrictions on use of jury panel
75 New sections 14B and 14C inserted
14B Deferral of jury service
14C Further provisions relating to deferral of jury service
76 Registrar may excuse from jury service
77 Judge may discharge summons of person with physical disability
78 Foreman
79 New sections 22 to 22C substituted
22 Discharge of juror or jury
22A Consequences of discharge under section 22
22B Further provisions about discharge under section 22
22C Procedure if Judge sitting with jury on trial of criminal case becomes incapable of acting
80 Amendments and repeals consequential on new sections 22 to 22C substituted
374 Discharge of juror or jury
54B Discharge of juror or jury
81 New section 24 substituted
24 Challenges without cause
82 New heading and sections 29A and 29B inserted
Sequestration, separation, retirement, and non-communication
29A Routine sequestration on deliberation abolished
29B Retirement and non-communication
Majority verdicts
29C Criminal cases
29D Civil cases
82A New heading and sections 29C and 29D inserted
82B Payment of jurors
83 New sections 32 to 32B substituted
32 Failure to attend
32A Employees absent on jury service not to be prejudiced
32B Identity and address of serving or former juror or prospective juror not generally to be disclosed
Part 5Summary Proceedings Act 1957
84 Summary Proceedings Act 1957 called principal Act in this Part
85 Commencement
86 Power to adjourn
87 Dealing with defendant on adjournment
88 Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment
89 Defendant's general right of appeal to High Court
90 Informant's right of appeal against sentence
91 New section 115DB inserted
115DB Rights of appeal subject to Crimes Act 1961
92 New Parts 5 and 5A substituted
Part 5Committal proceedings for indictable offences
145 Purpose and overview
146 Interpretation
Commencement of proceedings under this Part
147 Proceedings under this Part
Information, summons, and warrant
148 Application of provisions of Part II
149 Notice to defendant
150 Issue of summons or warrant
151 Issue of warrant if defendant does not attend
152 Defect in form or variance between charge and evidence
Service of documents
153 Service of summons on defendant
154 Application of provisions of Part II
Adjournments and bail
155 Power to adjourn
156 Power of Registrar to adjourn
157 Application of section 46
Withdrawal of information and stay of proceedings
158 Withdrawal of information by prosecutor
159 Stay of proceedings
Plea of guilty before committal
160 Defendant may plead guilty before committal
161 Procedure if defendant makes request under section 160
Formal written statements for purposes of committal
162 Formal written statements
163 False statement in formal written statement deemed to be perjury
Special provisions for taking evidence
164 Power to take statement of person dangerously ill
165 Evidence of statement made by person dangerously ill
166 Provision for person in custody to be present at taking of statement
Preliminary provisions applicable to committal
167 Place of committal
168 Obligations of prosecutor to file formal written statements within certain period
169 Standard committal is not hearing and does not involve prosecutor's or defendant's presence
170 Defendant's entitlement to be present during hearings
171 Charge to be read to defendant in certain circumstances
172 Amendment of information
173 Persons who may give evidence under assumed name
174 No comment may be made on defendant refraining from answering charge
175 When formal written statement or record of oral evidence in other proceedings may be admitted as evidence at committal hearing or for purposes of standard committal
176 Defendant must disclose evidence to be provided at committal hearing
Procedure at standard committal
Timing and procedure at standard committal
177 Timing and procedure at standard committal
Oral evidence orders
178 Application for oral evidence order
179 Application for leave to question undercover police officer's identity must be removed into High Court
180 Determination of application for oral evidence order
181 Judge may make oral evidence order of own motion
182 Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any Court
When committal hearing must be held
183 Committal hearing required if oral evidence order applies
Procedure of committal hearing
184 Application of provisions of Part II
184A Procedure at committal hearing
184B No oral evidence without order
184C Court may direct that formal written statements be read aloud
184D Oral evidence must be recorded in writing
184E Committal hearing may be completed despite witness's failure to appear or give evidence
Determination at committal hearing
184F If evidence insufficient, defendant must be discharged
184G If evidence sufficient, defendant must be committed for trial
Powers of Court if defendant seeks to provide undisclosed evidence at committal hearing
184H Powers of Court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176
Committal for trial or sentence
184I Advice must be given to defendant on committal following committal hearing
Procedure if defendant pleads guilty
184J Procedure if defendant pleads guilty
184K If defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave
184L Defendant committed for sentence must be brought before High Court
Procedure if defendant does not plead guilty
184M Procedure if standard committal occurs or defendant does not plead guilty
184N Court to which defendant must be committed
184O Court to which defendant must be committed if related charge must be heard in High Court
184P Committal to wrong Court
184Q High Court Judge must determine trial Court in certain cases
184R Notice of transfer of case to District Court
184S Defendant must be advised of right to apply for trial before Judge without jury
184T Formal written statements and records of oral evidence must be made available to media
Procedure after committal for trial or sentence
184U Dealing with defendant committed for trial or for sentence
184V Evidence of witness taken after defendant committed for trial
184W Notice to witnesses to attend at trial Court
184X On committal, documents, etc, must be sent to trial Court or sentencing Court
184Y Every party entitled to records of oral evidence or summary of facts
184Z When formal written statement or record of oral evidence may be read in evidence at trial
185 Witness about to leave New Zealand may be arrested
Part 5ASpecial provisions relating to standard committal process and committal hearings in cases of sexual nature
185A Application
185B Certain hearings to be conducted by Judge
185C Evidence of complainant
185D Child complainant's evidence may be given by videotape
185E Power of Court to prohibit publication of certain details
185F Other powers of Court preserved
92A Rules and regulations
93 Amendments to First Schedule of principal Act
94 Other amendments to principal Act
Repeals, consequential amendments, and transitional provision
95 District Courts Act 1947 amended
96 Repeals
97 Consequential amendments
98 Transitional provision
Part 6Victims' Rights Act 2002
99 Victims' Rights Act 2002 called principal Act in this Part
100 New section 16A inserted
16A Criminal proceedings to which section 16 does not apply
Schedule 1Enactments amended
Schedule 2Enactments repealed
Schedule 3New Schedule 1A substituted in District Courts Act 1947
Schedule 4Other amendments to principal Act
Schedule 5Enactments repealed
Schedule 6Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: