District Courts Amendment Act (No 2) 2008

  • repealed
  • District Courts Amendment Act (No 2) 2008: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).

Reprint as at 1 January 2018

Coat of Arms of New Zealand

District Courts Amendment Act (No 2) 2008

Public Act
 
2008 No 39
Date of assent
 
25 June 2008
Commencement
 
see section 2

District Courts Amendment Act (No 2) 2008: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).

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.

This Act is administered by the Ministry of Justice.

The Parliament of New Zealand enacts as follows:

 
1 Title

This Act is the District Courts Amendment Act (No 2) 2008.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the District Courts Act 1947.

4 Extent of jurisdiction under Part 2A of this Act

(1)

Section 28A is amended by repealing subsection (1) and substituting the following subsection:

(1)

A Court that is sitting at a place appointed under section 4(2A) and is presided over by a trial Judge has jurisdiction under this Part in respect of the following offences:

(a)

any offence for which the accused elects under section 66 of the Summary Proceedings Act 1957 to be tried by a jury:

(b)

all indictable offences under any enactment (other than the offences referred to in Parts 1 and 2 of Schedule 1A):

(c)

the indictable offences referred to in Part 1 of Schedule 1A, 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 168 of the Summary Proceedings Act 1957, before he or she is committed for trial or sentence for any such offence:

(d)

conspiring to commit an indictable offence to which paragraph (b) or (c) applies:

(e)

attempting to commit an indictable offence to which paragraph (b) or (c) applies, or inciting or counselling or attempting to procure any person to commit any such offence, which is not committed:

(f)

being an accessory after the fact to any indictable offence to which paragraph (b) or (c) applies.

(2)

Section 28A(2) is amended by omitting “paragraphs (d), (f), (g), and (h)” and substituting “paragraphs (c) to (f)”.

(3)

Section 153A(6)(a) of the Summary Proceedings Act 1957 is consequentially amended by repealing subparagraphs (i) to (v) and substituting the following subparagraphs:

(i)

the defendant elected under section 66 to be tried by a jury; or

(ii)

the offence is an indictable offence under any enactment (other than an offence referred to in Part 2 of Schedule 1A of the District Courts Act 1947); or

(iii)

the offence is an offence to which section 28A(1)(d), (e), or (f) of the District Courts Act 1947 applies,—

(4)

Section 168A(1)(a) of the Summary Proceedings Act 1957 is consequentially amended by omitting “paragraphs (a) to (d) of section 28A(1) of the District Courts Act 1947” and substituting “paragraphs (a), (b), and (d) to (f) of section 28A(1) of the District Courts Act 1947”.

(5)

Section 168AA(1) of the Summary Proceedings Act 1957 is consequentially amended by omitting “Part 2” and substituting “Part 1”.

5 Maximum sentences

Section 28F(3) is amended by repealing paragraph (a) and substituting the following paragraph:

(a)

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

(i)

any offence for which the accused elects trial by jury under section 66 of the Summary Proceedings Act 1957; or

(ii)

any indictable offence under any enactment (other than the offences referred to in Part 2 of Schedule 1A); or

(iii)

any offence to which section 28A(1)(d), (e), or (f) applies; and

6 Appeal against sentence

Section 28H is amended by repealing subsection (2) and substituting the following subsections:

(2)

If 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 Judge under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both),—

(i)

the person sentenced may appeal to the Court of Appeal under section 383(1A) of the Crimes Act 1961; and

(ii)

the Solicitor-General may appeal, with the leave of the Court of Appeal, to the Court of Appeal under section 383(2A) of the Crimes Act 1961; and

(b)

in any other case,—

(i)

the person sentenced may appeal to the High Court under section 115(2A) of the Summary Proceedings Act 1957; and

(ii)

the informant, with the consent of the Solicitor-General given under section 115A(2) of the Summary Proceedings Act 1957, may appeal against the sentence to the High Court under section 115A(1A) of the Summary Proceedings Act 1957.

(2A)

This section is subject to section 384A of the Crimes Act 1961.

7 Regulations

Section 123(1) is amended by inserting the following paragraphs after paragraph (be):

(bf)

amending Schedule 1A by adding offences to, or removing offences from, Part 1 or Part 2 of that schedule:

(bg)

prescribing transitional arrangements for the trial and sentencing of persons charged with offences that are added to or removed from Part 1 or Part 2 of Schedule 1A:

8 New Schedule 1A substituted

Schedule 1A is repealed, and the Schedule 1A set out in the Schedule substituted.

9 Transitional provision

(1)

Subsection (2) applies to any offence that—

(a)

before the commencement of the District Courts Amendment Act (No 2) 2008, could be tried by a Court presided over by a trial Judge; but

(b)

after the commencement of the District Courts Amendment Act (No 2) 2008, cannot be tried by a Court presided over by a trial Judge or can only be so tried after transfer to the Court by the High Court under the Summary Proceedings Act 1957.

(2)

If a defendant is committed for trial before the commencement of the District Courts Amendment Act (No 2) 2008 in respect of an offence to which this subsection applies, and the committal was to the District Court, that Court may try the offence, despite that Act.

(3)

This section does not affect the application of the Interpretation Act 1999 in respect of any transitional matter related to the District Courts Amendment Act (No 2) 2008 not provided for in this section.

Schedule New Schedule 1A substituted in District Courts Act 1947

s 8

Schedule 1A Offences triable in either District Court or High Court and offences triable only in High Court

ss 28A(1), 28F(3)

Part 1 Offences triable in either District Court or High Court (middle band offences)

Part A—Offences against Crimes Act 1961

SectionOffence
Section 104Corruption and bribery of law enforcement officer
Section 105Corruption and bribery of official
Section 105ACorrupt use of official information
Section 105BUse or disclosure of personal information disclosed in breach of section 105A
Section 105CBribery of foreign public official
Section 105DBribery outside New Zealand of foreign public official
Section 128‡Sexual violation
Section 128*Rape
Sections 128, 128BSexual violation
Section 129‡Attempt to commit sexual violation
Section 129(1)Attempted sexual violation
Section 129(2)Attempted assault with intent to commit sexual violation
Section 129A‡Inducing sexual connection by coercion
Section 129A(1)Inducing sexual connection by threat
Section 132(1)‡Sexual intercourse with girl under 12
Section 132(1)Sexual connection with child under 12
Section 132(2)Attempted sexual connection with child under 12
Section 132(3)Indecent act on child under 12
Section 142‡Anal intercourse
Section 142**Sodomy
Section 142ACompelling indecent act with animal
Section 144ASexual conduct with children outside New Zealand
Section 144COrganising or promoting child sex tours
Section 188Wounding with intent
Section 191Aggravated wounding or injury
Section 198Discharging firearm or doing dangerous act with intent
Section 198A(1)Using firearm against law enforcement officer, etc
Section 199Acid throwing
Section 200(1)Poisoning with intent
Section 201Infecting with disease
Section 203(1)†Endangering transport
Section 204Impeding rescue
Section 208‡Abduction of woman or girl
Section 208Abduction for purposes of marriage or sexual connection
Section 209Kidnapping
Section 232(1)Aggravated burglary
Section 235(1)(a) and (c)†Aggravated robbery (causing grievous bodily harm)
Section 235Aggravated robbery
Section 235(1)(b)†Aggravated robbery (with other person or persons)
Section 236(1)Assault with intent to rob
Section 239(1)Demanding with intent to steal, etc
Section 240A†Aggravated burglary
Section 267(1)Arson
Section 269(1)Intentional damage
Section 270Endangering transport
Section 294†Arson
Section 298(1)†Wilful damage
*as it read before 1 February 1986
**as it read before 8 August 1986
†as it read before 1 October 2003
‡as it read before 20 May 2005

Part B—Offences against Misuse of Drugs Act 1975

SectionOffence
Section 6Dealing with controlled drugs (but only where the charge relates to a class B controlled drug)
Section 12CCommission of offences outside New Zealand (other than offences against subsection (1)(a))

Part C—Offences against Prostitution Reform Act 2003

SectionOffence
Section 16Inducing or compelling persons to provide commercial sexual services or earnings from prostitution

Part D—Offences against Securities Act 1978

SectionOffence
Section 58Misstatement in advertisement or registered prospectus

Part 2 Offences triable only in High Court

Part A—Offences against Crimes Act 1961

SectionOffence
Section 68(1)Party to murder outside New Zealand
Section 68(2)Inciting murder outside New Zealand (not committed)
Section 69(1)Party to any other crime outside New Zealand
Section 69(2)Inciting treason outside New Zealand (not committed)
Section 69(3)Aiding and abetting crime outside New Zealand
Section 73Treason (or conspiracy to commit treason)
Section 74(3)Attempted treason
Section 76Accessory to, or failure to prevent, treason
Section 77Inciting to mutiny
Section 78Espionage
Section 79(1)Sabotage
Section 92(1)Piracy
Sections 93, 94Piratical acts
Section 95Attempts to commit piracy
Section 96Conspiring to commit piracy
Section 97Accessory after the fact to piracy
Section 98(1)Dealing in slaves
Section 98CSmuggling migrants
Section 98DTrafficking in people by means of coercion or deception
Section 100Judicial corruption
Section 101 Bribery of judicial officer, etc
Section 102Corruption and bribery of Minister of the Crown
Section 103 Corruption and bribery of member of Parliament
Section 172Murder
Section 173Attempted murder
Section 174Attempting to procure murder (not committed)
Section 175Conspiracy to murder
Section 176Accessory after the fact to murder
Section 177Manslaughter
Section 178Infanticide
Section 179Aiding and abetting suicide
Section 180(2)Surviving party of suicide pact
Section 182Killing unborn child
Section 183(1)Procuring abortion
Section 237Blackmail
Section 238(1)†Extortion by certain threats
Section 301†Wrecking
†as it read before 1 October 2003

Part B—Offences against Anti-Personnel Mines Prohibition Act 1998

SectionOffence
Section 7Using, etc, an anti-personnel mine

Part C—Offences against Aviation Crimes Act 1972

SectionOffence
Section 3Hijacking
Section 5Other crimes relating to aircraft
Section 5ACrimes relating to international airports

Part D—Offences against Chemical Weapons (Prohibition) Act 1996

SectionOffence
Section 6Chemical weapons
Section 8Riot control agents

Part E—Offences against Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980

SectionOffence
Section 3Crimes against persons
Section 4Crimes against premises or vehicles
Section 5Threats against persons
Section 6Threats against premises or vehicles
Section 8(1)Hostage-taking

Part F—Crimes against Crimes of Torture Act 1989

SectionOffence
Section 3Acts of torture

Part G—Crimes against Geneva Conventions Act 1958

Section Offence
Section 3(4)Grave breaches of Conventions or First Protocol

Part H—Crimes against Judicature Act 1908

SectionOffence
Section 56C(2)Contempt of Court
Section 56OContempt of Federal Court of Australia

Part I—Offences against Maritime Crimes Act 1999

SectionOffence
Section 4(1)(a)–(h)Crimes relating to ships
Section 4(2)(a), (b)Crimes relating to ships
Section 4(3)(a), (b)Crimes relating to ships
Section 5(1)(a)–(e)Crimes relating to fixed platforms
Section 5(2)(a), (b)Crimes relating to fixed platforms
Section 5(3)(a), (b)Crimes relating to fixed platforms

Part J—Crimes against Misuse of Drugs Act 1975

SectionOffence
Section 6(2)(a)Dealing with controlled drugs (Class A)
Section 6(2A)(a)Conspiring to deal with controlled drugs (Class A)
Section 10(1)Aiding offences against law of another country

Part K—Crimes against New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987

SectionOffence
Sections 5–8, 14Offences against Act

Part L—Crimes against Nuclear-Test-Ban Act 1999

SectionOffence
Section 5Nuclear explosions prohibited

Part M—Terrorism Suppression Act 2002

SectionOffence
Section 7(1)Terrorist bombing
Section 8(1), (2A)Financing of terrorism
Section 9(1)Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities
Section 10(1)Prohibition on making property, or financial or related services, available to terrorist and associated entities
Section 12(1)Recruiting members of terrorist groups
Section 13(1)Participating in terrorist groups
Section 13AHarbouring or concealing terrorists
Section 13BOffences involving use and movement of unmarked plastic explosives
Section 13COffences involving physical protection of nuclear material
Section 13DImportation, acquisition, etc, of radioactive material
Reprints notes
1 General

This is a reprint of the District Courts Amendment Act (No 2) 2008 that incorporates all the amendments to that Act as at the date of the last amendment to it.

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/.

4 Amendments incorporated in this reprint

District Court Act 2016 (2016 No 49): section 240