Courts Matters Bill

  • enacted

Hon Aupito William Sio

Courts Matters Bill

Government Bill

285—3

Contents

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

The Parliament of New Zealand enacts as follows: