Crown Prosecution Regulations 2013

2013/178

Coat of Arms of New Zealand

Crown Prosecution Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 387(1)(a) to (c) 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 Crown Prosecution Regulations 2013.

2 Commencement
  • These regulations come into force on 1 July 2013.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    child has the meaning given by section 2(1) of the Children, Young Persons, and Their Families Act 1989

    Crown prosecution notice means a notice filed under section 189 of the Act

    notice period means the period referred to in sections 190(1), 191(1), and 192(1) of the Act

    young person has the meaning given by section 2(1) of the Children, Young Persons, and Their Families Act 1989.

    (2) Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these regulations has the meaning given by the Act.

4 Crown prosecutions
  • (1) The following proceedings are Crown prosecutions for the purposes of subpart 2 of Part 5 of the Act:

    • (a) a proceeding for a category 4 offence:

    • (b) a proceeding for an offence listed in the Schedule:

    • (c) a proceeding for an offence not listed in the Schedule, if the defendant elects to be tried by a jury:

    • (d) a proceeding that is transferred to the High Court if none of paragraphs (a) to (c) apply:

    • (e) any other proceeding, if the Solicitor-General directs that, having regard to the particular features of the proceeding, it is appropriate that it be conducted as a Crown prosecution.

    (2) Despite subclause (1)(a) to (c), a proceeding for an offence in the Youth Court is not a Crown prosecution for the purposes of subpart 2 of Part 5 of the Act unless—

    • (a) a defendant in the proceeding is an adult jointly charged with a child or young person; or

    • (b) the proceeding is transferred to a District Court or the High Court in any other case.

5 Time for assuming responsibility for Crown prosecutions
  • The Solicitor-General must assume responsibility for proceedings that are Crown prosecutions under regulation 4 as follows:

    • (a) for a proceeding referred to in regulation 4(1)(a), from the time the proceeding is adjourned following the defendant's first appearance:

    • (b) for a proceeding referred to in regulation 4(1)(b), from the time that the proceeding is adjourned following the entry of a plea:

    • (c) for a proceeding referred to in regulation 4(1)(c), from the time the proceeding is—

      • (i) adjourned for trial callover; or

      • (ii) transferred to the High Court for sentencing, in any other case:

    • (d) for a proceeding referred to in regulation 4(1)(d), from the time the proceeding is transferred to the High Court:

    • (e) for a proceeding referred to in regulation 4(1)(e), from the time the Solicitor-General's direction is given:

    • (f) for a proceeding referred to in regulation 4(2)(b), from the time the proceeding is transferred to a District Court or the High Court.

6 Notice periods when amending, adding, or withdrawing charges
  • (1) The notice period for proceedings referred to in regulation 4(1)(a), (b), (c), (e), and (2)(b) is—

    • (a) the period ending with the date of the case review hearing; or

    • (b) if no case review hearing is to be held after the Solicitor-General assumes responsibility for the proceeding and—

      • (i) the procedure for trial is the Judge-alone trial procedure, 25 working days from the date that a Crown prosecution notice is filed under section 189 of the Act; or

      • (ii) the procedure for trial is the jury trial procedure, the period ending on the date that the prosecutor is required to file the trial callover memorandum.

    (2) The court may, on an application by the prosecutor, extend a notice period specified in subclause (1) in the interests of justice.


Schedule
Offences listed for purposes of regulation 4(1)(b)

r 4

Crimes Act 1961
Various provisionsAny offence that is not a category 4 offence and is punishable by imprisonment for life or by imprisonment for 14 years or more
s 69(3)Party to crime other than murder outside New Zealand
s 97Accessory after the fact to piracy
s 98AParticipation in organised criminal group
s 104Corruption and bribery of law enforcement officer
s 105Corruption and bribery of official
s 105ACorrupt use of official information
s 105BUse or disclosure of personal information disclosed in breach of section 105A
s 105CBribery of foreign public official
s 105DBribery outside New Zealand of foreign public official
ss 108, 109(1)Perjury (but only where that perjury is committed in the context of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court)
s 113Fabricating evidence (but only where that fabrication is committed in the context of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court)
s 116Conspiring to defeat justice (but only where that conspiracy is committed in the context of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court)
s 117Corrupting juries and witnesses
s 118Assisting escape of prisoners of war or internees
s 129(1)*Attempted sexual violation
s 129(2)Assault with intent to commit sexual violation
s 130*Incest
s 131(1)*Sexual connection with dependent family member under 18
s 131(2)Attempted sexual connection with dependent family member under 18
s 131B†Meeting young person following sexual grooming, etc
s 132(2)*Attempted sexual connection with child under 12
s 132(3)Indecent act on child under 12
s 133‡Indecency with girl under 12
s 134(1)Sexual connection with young person under 16
s 134(2)Attempted sexual connection with young person under 16
s 138(1)*Exploitative sexual connection with person with significant impairment
s 138(2)Attempted exploitative sexual connection with person with significant impairment
s 140‡Indecency with boy under 12
s 142‡Anal intercourse
s 144A§Sexual conduct with children and young people outside New Zealand
s 144COrganising or promoting child sex tours
s 151∥Duty to provide the necessaries of life
s 152∥Duty of parent or guardian to provide necessaries
s 153Duty of employers to provide necessaries
s 176Accessory after the fact to murder
s 180Suicide pact
s 181Concealing dead body of child
s 186Supplying means of procuring abortion
s 195∥Cruelty to a child
s 195Ill-treatment or neglect of child or vulnerable adult (where the offence entails an omission that gives rise to complex causation issues or results in grievous bodily harm)
s 195AFailure to protect child or vulnerable adult
s 198A(2)Using firearm with intent to resist lawful arrest or detention
s 204AFemale genital mutilation
s 204BFurther offences relating to female genital mutilation
s 231Burglary (where the offending constitutes serious or repetitive criminal activity)
s 242False statement by promoter, etc
s 250(1)Damaging or interfering with computer system endangering life
s 260False accounting
s 268Attempted arson (where the completed offence would fall within section 267(1))
s 298ACausing disease or sickness in animals
s 298BContaminating food, crops, water, or other products
s 307AThreats of harm to people or property
s 310Conspiring to commit an offence (where the offence is listed in this schedule)
s 311Attempting to commit or procure the commission of an offence (where the offence is listed in this schedule)
s 312Accessory after the fact to a crime (where the crime is listed as an offence in this schedule)

The following offences, if the offending involves a complex transaction:

ss 219, 223(b) (c), or (d)Theft or stealing (where, in combination with any other charges being heard together in the proceeding, the value of the property stolen is more than $1,000)
ss 220, 223(a)Theft by person in special relationship
s 228Dishonestly taking or using document
s 229Criminal breach of trust
s 230Taking, obtaining, or copying trade secrets
ss 240, 241Obtaining by deception or causing loss by deception (where, in combination with any other charges being heard together in the proceeding, loss caused or value obtained or sought to be obtained exceeds $1,000)
s 243Money laundering
s 256(1)Forgery (making false document with intention to obtain value)
s 257Using forged documents
s 258Altering, concealing, destroying, or reproducing documents with intent to deceive
s 259Using altered or reproduced document with intent to deceive
  
Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980
s 6Threats against premises or vehicles
  
Land Transport Act 1998
s 36AAReckless or dangerous driving causing death
s 36AUnauthorised street or drag racing causing death
s 61Driving under the influence of alcohol or a drug causing death
  
Misuse of Drugs Act 1975
s 6(1)(b) or (2A)Production or manufacture of, or conspiracy to produce or manufacture, methamphetamine
s 6(1) or (2A)Dealing or conspiring to deal in a Class A controlled drug (except production or manufacture of, or conspiracy to produce or manufacture, methamphetamine) if—
 
  • (a) the quantity of drugs is more than 5 times the quantity of the presumption threshold, including in combination with any other charges being heard together in the proceeding; or

  • (b) there is evidence of large-scale dealing beyond the actual quantity seized; or

  • (c) there is substantial evidence derived from a surveillance device involving audio interception

s 6(1) or (2A)Dealing or conspiring to deal in a Class B controlled drug if—
 
  • (a) the quantity of drugs is more than 10 times the quantity of the presumption threshold, including in combination with any other charges being heard together in the proceeding; or

  • (b) there is evidence of large-scale dealing beyond the actual quantity seized; or

  • (c) there is substantial evidence derived from a surveillance device involving audio interception

s 6(1) or (2A)Dealing or conspiring to deal in a Class C controlled drug where there is—
 
  • (a) evidence of large-scale commercial dealing; or

  • (b) substantial evidence derived from a surveillance device involving audio interception

s 9Cultivation of (or conspiring to cultivate) a Class C controlled drug where there is—
 
  • (a) evidence of large-scale commercial cultivation; or

  • (b) substantial evidence derived from a surveillance device involving audio interception

s 10Aiding offences against corresponding law of another country
s 12CCommission of offences outside New Zealand
  
Prostitution Reform Act 2003
s 16Inducing or compelling persons to provide commercial sexual service or earnings from prostitution
  
Secret Commissions Act 1910
All offences under the Act
  
Terrorism Suppression Act 2002
Any offence that is not a category 4 offence
  
Fraud
Any offence prosecuted by the Serious Fraud Office
  
*Including as it read before 20 May 2005
†Including as it read before 19 March 2012
‡As it read before 20 May 2005
§Including as it read before 14 June 2006
∥As it read before 19 March 2012

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which are made under section 387(1)(a) to (c) of the Criminal Procedure Act 2011 (the Act), come into force on 1 July 2013.

Regulation 3 relates to interpretation.

Regulation 4 provides that certain proceedings are Crown prosecutions for the purposes of the Act. The Solicitor-General must assume responsibility for and conduct every Crown prosecution.

Regulation 5 prescribes the time or stage at which the Solicitor-General must assume responsibility for Crown prosecutions.

Regulation 6 prescribes, for proceedings referred to in regulation 4(1)(a), (b), (c), (e), and (2)(b), the periods within which the Solicitor-General or a Crown prosecutor may file a notice to amend any charge, to add a new charge, or to withdraw a charge. No notice period is prescribed for a proceeding referred to in regulation 4(1)(d).

The Schedule sets out offences listed for the purposes of regulation 4(1)(b).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 May 2013.

These regulations are administered by the Crown Law Office.