District Courts Rules 2009

  • not the latest version
  • District Courts Rules 2009 forms: The Ministry of Justice has produced forms that are designed for practical use in the District Courts and which correspond to those prescribed in the Rules. These user-friendly forms are available at www.pco.parliament.govt.nz/district-courts-rules-forms/
15.72 Discharge of person in custody

  • 15.72.1 A person in custody under a warrant who wishes to apply for discharge must—

    • (a) file an affidavit specifying the grounds on which he or she applies for discharge; and

    • (b) not less than 24 hours before the application is made, serve on the party (if any) at whose instance the warrant of committal was issued a copy of the affidavit and a notice of his or her intention to make the application.

    15.72.2 If the order of committal directs that the application for discharge must be made to the Judge, it may be made at any place appointed by the Judge.

    15.72.3 If the order of committal does not direct that the application must be made to the Judge, it may be made to a Registrar.

    15.72.4 The order for discharge must be in form 75.

    Compare: SR 1992/109 r 629