Criminal Procedure (Transfer of Information) Regulations 2013

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Reprint as at 1 September 2015

Coat of Arms of New Zealand

Criminal Procedure (Transfer of Information) Regulations 2013

(SR 2013/177)

Regulation name: amended, on 1 January 2015, by regulation 4(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

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.

These regulations are administered by the Ministry of Justice.

Pursuant to section 387 of the Criminal Procedure Act 2011, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Criminal Procedure (Transfer of Information) Regulations 2013.

Regulation 1: amended, on 1 January 2015, by regulation 4(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

2 Commencement

These regulations come into force on 1 July 2013.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

associated respondent, in relation to a domestic violence proceeding, has the meaning given to it by section 2 of the Domestic Violence Act 1995

case management system means the common electronic database used by the courts for data storage and records management

court file means a collection of documents that relate to a criminal proceeding and are in the custody or control of a court

database, in relation to a criminal proceeding, means any electronic system in or on which information about the criminal proceeding is recorded

domestic violence has the same meaning as in section 3 of the Domestic Violence Act 1995

domestic violence offence means an offence against any enactment (other than the Domestic Violence Act 1995) in any case where—

(a)

the offence is committed—

(i)

by a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and

(ii)

against any person who is a protected person (within the meaning of that Act) under that protection order, or whom that application seeks to make a protected person, as the case may be; and

(b)

the offence consists of or includes conduct that is domestic violence

domestic violence proceeding means a proceeding in a Family Court or District Court under the Domestic Violence Act 1995 in which an application for a protection order—

(a)

is pending; or

(b)

has been granted

harassment offence means an offence against—

(a)

section 8 of the Harassment Act 1997; or

(b)

any other enactment in any case where the offence—

(i)

is committed by a person against whom a restraining order is in force, or in respect of whom proceedings on an application for a restraining order are pending, at the time the offence is committed; and

(ii)

is committed against a person for whose protection the restraining order was made or has been applied for, as the case may be; and

(iii)

consists of or includes a specified act within the meaning of section 4 of the Harassment Act 1997

non-contact order has the meaning given to it by section 4 of the Victims’ Orders Against Violent Offenders Act 2014

protection order has the same meaning as in section 2 of the Domestic Violence Act 1995, and includes any order that is deemed, by section 133(3) of that Act, to be a protection order

relevant court,—

(a)

in relation to an offence against section 49 of the Domestic Violence Act 1995 or a domestic violence offence, means the court that made a protection order against the person convicted of the offence, and includes a court in which an application for a protection order against the offender is pending:

(b)

in relation to an offence against section 25 of the Harassment Act 1997 or an harassment offence, means the court that made a restraining order against the person convicted of the offence, and includes a court in which an application for a restraining order against the offender is pending

(c)

in relation to an offence against section 24 of the Victims’ Orders Against Violent Offenders Act 2014, means the court that made a non-contact order or direction against the person convicted of the offence

respondent, in relation to a domestic violence proceeding, means a person against whom a protection order is sought or has been made, and includes an associated respondent

restraining order has the same meaning as in section 2 of the Harassment Act 1997

violent offence has the meaning given to serious violent offence by section 86A of the Sentencing Act 2002.

(2)

Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Regulation 3(1) associated respondent: inserted, on 1 September 2015, by regulation 4 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

Regulation 3(1) case management system: inserted, on 1 January 2015, by regulation 5(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Regulation 3(1) court file: inserted, on 1 September 2015, by regulation 4 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

Regulation 3(1) database: inserted, on 1 September 2015, by regulation 4 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

Regulation 3(1) domestic violence proceeding: inserted, on 1 September 2015, by regulation 4 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

Regulation 3(1) non-contact order: inserted, on 1 January 2015, by regulation 5(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Regulation 3(1) relevant court paragraph (c): inserted, on 1 January 2015, by regulation 5(1) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Regulation 3(1) respondent: inserted, on 1 September 2015, by regulation 4 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

Regulation 3(1) violent offence: inserted, on 1 January 2015, by regulation 5(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

4 Transmission of entry in permanent court record relating to breach of protection order, restraining order, or non-contact order

(1)

If a defendant is convicted of an offence against section 49 of the Domestic Violence Act 1995, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.

(2)

If a defendant is convicted of an offence against section 25 of the Harassment Act 1997, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.

(2A)

If a defendant is convicted of an offence against section 24 of the Victims’ Orders Against Violent Offenders Act 2014, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the permanent court record relating to that conviction to the relevant court.

(3)

On receiving a copy forwarded under subclause (1), (2), or (2A), the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceedings.

Compare: SR 1958/38 r 15Q

Regulation 4 heading: amended, on 1 January 2015, by regulation 6(1) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Regulation 4(2A): inserted, on 1 January 2015, by regulation 6(2) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

Regulation 4(3): amended, on 1 January 2015, by regulation 6(3) of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

5 Transmission of entry in permanent court record relating to domestic violence offences or harassment offences

(1)

If a defendant is convicted of a domestic violence offence or of an harassment offence, a judicial officer may direct the Registrar of the court in which that conviction is entered to forward, without delay, a certified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.

(2)

If a defendant is convicted of an offence and the Registrar of the court in which that conviction is entered has reason to believe that the offence is a domestic violence offence or an harassment offence, the Registrar must, without delay, forward a certified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.

(3)

On receiving a copy forwarded under subclause (1) or (2), the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceedings.

Compare: SR 1958/38 r 15R

Regulation 5 heading: replaced, on 1 September 2015, by regulation 5 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

6 Result of appeal to be notified to relevant court

(1)

Subclause (2) applies if,—

(a)

under regulation 4 or 5, a certified copy of an entry in the permanent court record relating to a conviction for an offence is forwarded to a relevant court; and

(b)

on any appeal,—

(i)

that conviction is set aside; or

(ii)

the sentence imposed in relation to that offence is varied; and

(c)

in accordance with section 184 of the Act, the Registrar makes, in the entry in the permanent court record relating to that conviction, a note of the decision on appeal.

(2)

The Registrar must, without delay, forward a copy of the note of the decision on appeal to the Registrar of the relevant court.

(3)

If a copy of a note relating to a conviction is forwarded to the relevant court under subclause (2), the Registrar of that court must,—

(a)

if the conviction has been set aside, remove from the file relating to the applicable proceedings the copy of the entry relating to that conviction; or

(b)

in any other case, cause the copy of the note to be placed on the file relating to the applicable proceedings.

Compare: SR 1958/38 r 15S

7 Information about respondent’s offending available to court dealing with domestic violence proceeding

(1)

In this regulation,—

domestic relationship has the meaning given to it by section 2 of the Domestic Violence Act 1995

violence has the meaning given to it by section 3(2) of the Domestic Violence Act 1995.

(2)

This regulation applies if a respondent to a domestic violence proceeding—

(a)

is a defendant in a criminal proceeding in which he or she is charged with—

(i)

an offence against section 49 of the Domestic Violence Act 1995; or

(ii)

an offence that—

(A)

involves the use of violence; and

(B)

is committed against a person with whom the respondent is, or has been, in a domestic relationship; or

(b)

has been a defendant in a criminal proceeding in which he or she was convicted of—

(i)

an offence against section 49 of the Domestic Violence Act 1995; or

(ii)

an offence that—

(A)

involved the use of violence; and

(B)

was committed against a person with whom the respondent was, or had been, in a domestic relationship.

(3)

A Registrar of a court that is dealing with a domestic violence proceeding may obtain information about the criminal proceeding referred to in subclause (2) from—

(a)

the court file relating to that proceeding:

(b)

any database relating to that proceeding:

(c)

the permanent court record relating to that proceeding.

(4)

A Registrar of a court that is dealing with a domestic violence proceeding and who has obtained information under subclause (3) must make that information available to the court.

Regulation 7: replaced, on 1 September 2015, by regulation 6 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

7A Criminal record available to court dealing with domestic violence proceeding

(1)

A Registrar of a court that is dealing with a domestic violence proceeding may obtain details of a respondent’s criminal record (if any) from—

(a)

a court file relating to any criminal proceeding:

(b)

a database relating to any criminal proceeding:

(c)

the permanent court record relating to any criminal proceeding.

(2)

A Registrar of a court that is dealing with a domestic violence proceeding and who has obtained information under subclause (1) must make that information available to the court.

(3)

In this regulation, criminal record, in relation to a respondent, means a record of any of the following:

(a)

charges laid against the respondent that have resulted in a conviction:

(b)

convictions entered against the respondent:

(c)

sentences imposed on the respondent:

(d)

orders imposed on the respondent as a result of a conviction.

Regulation 7A: inserted, on 1 September 2015, by regulation 7 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

7B Address information available to court for purpose of serving document in domestic violence proceeding

(1)

This regulation applies if, in a domestic violence proceeding, a document that has been issued for service is not able to be served on a respondent because the respondent’s current address is not known.

(2)

A Registrar of the court that is dealing with the domestic violence proceeding may obtain from any court file details of the respondent’s current address.

(3)

If a Registrar obtains, under subclause (2), details of the respondent’s current address, that information may be used only for the purpose of arranging for the respondent to be served with the document.

Regulation 7B: inserted, on 1 September 2015, by regulation 7 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2015 (LI 2015/154).

8 Information about criminal proceedings in harassment proceedings

(1)

In this regulation, harassment proceedings means an application for a restraining order that is pending before a District Court or that a District Court has determined by making a restraining order.

(2)

This regulation applies if the court in which harassment proceedings have been filed, or the Registrar of that court, has reason to believe that the respondent or associated respondent to the harassment proceedings is charged with, or has at any time been convicted of,—

(a)

an harassment offence; or

(b)

an offence against section 25 of the Harassment Act 1997.

(3)

If this regulation applies, the Registrar of the court may—

(a)

consult the Registrar of the court in which the respondent or associated respondent to the harassment proceedings is believed to have been charged with or convicted of an offence specified in subclause (2); and

(b)

request that Registrar to supply available information relating to the charge or conviction.

(4)

The information that a Registrar may request under subclause (3)(b) includes, where applicable and without limitation,—

(a)

the conditions on which bail has been granted to the respondent or associated respondent:

(b)

a copy of the entry in the permanent court record relating to the conviction.

(5)

A Registrar to whom a request is made under subclause (3)(b) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.

Compare: SR 1958/38 r 15U

8A Information about criminal proceedings in VOAVOA proceedings

(1)

In this regulation, VOAVOA proceedings means an application for a non-contact order that has been presented for filing at, or made to, a District Court under section 7 of the Victims’ Orders Against Violent Offenders Act 2014.

(2)

This regulation applies if the court in which VOAVOA proceedings have been presented for filing or filed, or the Registrar of that court, requires information in order to be satisfied that the person against whom the non-contact order is sought is a violent offender within the meaning of section 5 of the Victims’ Orders Against Violent Offenders Act 2014.

(3)

If this regulation applies, the Registrar of the court may—

(a)

access and search the case management system for details of the person’s violent offence conviction and the sentence imposed in connection with that conviction; and

(b)

extract from the case management system the entry or entries in the permanent court record that relate to the conviction and to the sentence and make a certified copy of any entry; and

(c)

extract from the case management system details of the victim of the violent offence.

Regulation 8A: inserted, on 1 January 2015, by regulation 7 of the Criminal Procedure (Transfer of Information) Amendment Regulations 2014 (LI 2014/345).

9 Amendments to Summary Proceedings Regulations 1958

(1)

This clause amends the Summary Proceedings Regulations 1958.

(2)

In regulation 2, revoke the definitions of domestic violence, domestic violence offence, harassment offence, protection order, relevant court, and restraining order.

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 May 2013.

Reprints notes
1 General

This is a reprint of the Criminal Procedure (Transfer of Information) Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.