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Act Repealed Latest version as at 02 September 1996 (as enacted) | 1996 No 119

District Courts Amendment Act 1996

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Act Repealed Latest version as at 02 September 1996 (as enacted) | 1996 No 119

District Courts Amendment Act 1996

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District Courts Amendment Act 1996

Public Act
  
1996 No 119
Date of assent
  
2 September 1996
 

Contents

An Act to amend the District Courts Act 1947

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the District Courts Amendment Act 1996, and shall be read together with and deemed part of the District Courts Act 1947 (hereinafter referred to as the principal Act).

2 Maximum number of Judges increased

(1)

Section 5(2) of the principal Act is hereby amended by omitting the expression “110” (as substituted by section 2 of the District Courts Amendment Act (No. 2) 1994), and substituting the expression “120”.

(2)

The District Courts Amendment Act (No. 2) 1994 is hereby consequentially repealed.

3 Assignment and rostering of District Court Judges

(1)

The principal Act is hereby amended by repealing section 9 (as amended by section 8(1) of the District Courts Amendment Act 1979), and substituting the following section:

“9

“(1)

The Chief District Court Judge shall be responsible for ensuring the orderly and expeditious discharge of the business of District Courts throughout New Zealand, and accordingly may, after consultation with the Principal Family Court Judge and the Principal Youth Court Judge, give all such directions as are contemplated by subsection (2) or this section.

“(2)

Each Judge shall sit in such jurisdictions at such times as the Chief District Court Judge may from time to time direct.

“(3)

The fact that a Judge sits in any particular Court shall be conclusive evidence of his or her authority so to do, and no exercise of any jurisdiction or power by a Judge shall be questioned on the ground that he or she was not authorised to sit in the Court where the jurisdiction or power was so exercised.

“(4)

The reference in subsection (2) of this section to jurisdictions means—

“(a)

The ordinary civil and criminal jurisdiction of District Courts, including common law and equitable jurisdiction and admiralty jurisdiction:

“(b)

The specialist jurisdiction of District Courts by virtue of the constitution of Family Courts and Youth Courts as divisions of District Courts.

“(5)

For the avoidance of doubt, it is hereby declared that the power conferred by this section on the Chief District Court Judge does not include the power to give directions in relation to any District Court Judge who for the time being presides over, or holds office as a member of, or holds office as, a tribunal.”

(2)

Section 9 of the Family Courts Act 1980 is hereby consequentially amended by adding the following subsection:

“(6)

This section shall be read subject to section 9 of the District Courts Act 1947.”

(3)

Section 16(3) of the Family Courts Act 1980 is hereby consequentially amended by omitting the expression “section 9 or”.

(4)

The First Schedule to the Children, Young Persons, and Their Families Act 1989 is hereby amended by omitting from clause 1(b) the expression “section 9 or”.

(5)

Section 8(1) of the District Courts Amendment Act 1979 is hereby consequentially repealed.

4 Extent of jurisdiction under Part IIA of this Act

Section 28a(1) of the principal Act (as substituted by section 4 of the District Courts Amendment Act 1991 and amended by section 2 of the District Courts Amendment Act 1995) is hereby amended by repealing paragraph (e), and substituting the following paragraph:

“(e)

The indictable offences referred to in Part II of Schedule Ia to this Act, in any case where—

“(i)

The proceedings are transferred to the Court under section 168aa of the Summary Proceedings Act 1957; or

“(ii)

A person pleads guilty under section 153a or section 168 of the Summary Proceedings Act 1957, before or during the preliminary hearing, to any such offence:”.

5 Maximum sentences

Section 28f of the principal Act (as substituted by section 5 of the District Courts Amendment Act 1991) is hereby amended by repealing subsections (3) and (4), and substituting the following subsections:

“(3)

This subsection applies to any case where—

“(a)

A person pleads guilty under section 153a or section 168 of the Summary Proceedings Act 1957, before or during the preliminary hearing, to—

“(i)

Any indictable offence triable summarily described in section 6(2) of that Act; or

“(ii)

Any indictable offence triable summarily described in the First Schedule to that Act; or

“(iii)

Any offence for which the accused elects trial by jury under section 66 of that Act; or

“(iv)

Any indictable offence referred to in Part I of Schedule Ia to this Act; or

“(v)

Any indictable offence referred to in Part II of Schedule Ia to this Act; and

“(b)

The Court accepts jurisdiction.

“(4)

In any case to which subsection (3) of this section applies,—

“(a)

Any trial Judge may sentence the person to imprisonment or a fine or both, not exceeding,—

“(i)

In the case of imprisonment, the maximum term prescribed by law; or

“(ii)

In the case of a fine, the maximum amount prescribed by law or, if no maximum amount is so prescribed, $10,000:

“(b)

Any Judge who is not a trial Judge may sentence the person to imprisonment or a fine or both, not exceeding the maximum term or amount prescribed by section 7 of the Summary Proceedings Act 1957.”

6 Appeal against sentence

(1)

The principal Act is hereby amended by repealing section 28h (as inserted by section 9 of the District Courts Amendment Act 1980 and amended by section 2 of the District Courts Amendment Act (No. 3) 1992), and substituting the following section:

“28h

“(1)

This section applies in any case where a sentence is imposed under section 28f(4) of this Act.

“(2)

Where this section applies, then,—

(a)

In any case where the sentence imposed exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957, the person sentenced, and the Solicitor-General with the leave of the Court of Appeal, may appeal to the Court of Appeal against the sentence as if the sentence had been imposed by the High Court after the person’s conviction in the High Court, and, in any such case,—

“(i)

Notice of any appeal under this paragraph shall be given in accordance with section 388 of the Crimes Act 1961; and

“(ii)

The provisions of section 388 of the Crimes Act 1961 and the other provisions of that Act, with any necessary modifications, shall apply accordingly as if the appeal were one to which section 388 of that Act relates:

“(b)

In any other case, the person sentenced, and the prosecutor with the consent of the Solicitor-General given under section 115a(2) of the Summary Proceedings Act 1957, may appeal against the sentence, and Part IV of the Summary Proceedings Act 1957, with any necessary modifications, shall apply.”

(2)

The District Courts Amendment Act (No. 3) 1992 is hereby consequentially repealed.

7 Equity jurisdiction

Section 34 of the principal Act (as substituted by section 3 of the District Courts Amendment Act (No. 2) 1992) is hereby amended by inserting, after subsection (2), the following subsection:

“(2a)

Notwithstanding subsection (2) of this section, the District Courts shall have the power to make orders pursuant to section 49 of the Administration Act 1969.”

This Act is administered in the Ministry of Justice and the Department for Courts.
Act Repealed Latest version as at 02 September 1996 (as enacted)

District Courts Amendment Act 1996

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