Reprint as at 1 January 2018
District Courts Amendment Act (No 2) 2011: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).
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:
This Act is the District Courts Amendment Act (No 2) 2011.
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council.
Section 2: this Act brought into force, on 1 July 2013, by the District Courts Amendment Act (No 2) 2011 Commencement Order 2013 (SR 2013/164).
This Act amends the District Courts Act 1947.
The following section is inserted after section 5A:
(1)
The Governor-General must, by warrant, appoint sufficient Judges to exercise the criminal jurisdiction of the courts in respect of jury trials under the Criminal Procedure Act 2011.
(2)
The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge.
Compare: 1947 No 16 s 28B
The following sections are inserted after section 11C:
No proceeding may be commenced against any Community Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
If a warrant to seize property or warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it.
Compare: 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193
No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in a District Court.
Compare: 1927 No 37 s 353; 1957 No 87 s 194
In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it.
Compare: 1927 No 37 s 365; 1957 No 87 s 195
This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
The High Court or any Judge of that Court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
(3)
If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed.
Compare: 1927 No 37 ss 357, 359; 1957 No 87 s 196
Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge’s opinion,—
the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.
Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.
(4)
The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge’s opinion,—
in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and
the amount paid or agreed to be paid was fair and reasonable.
(5)
If the High Court Judge is not satisfied of the matter in subsection (4)(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge’s opinion is adequate to settle the plaintiff’s claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.
(6)
Application for a certificate under any of subsections (2), (4), or (5) may be made by a Community Magistrate at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.
(7)
A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it.
Compare: 1957 No 87 s 197
If section 14 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—
section 84C(2)(c) of the principal Act is amended by omitting “section 46 of the Summary Proceedings Act 1957” and substituting “section 168 of the Criminal Procedure Act 2011”; and
“section 46 of the Summary Proceedings Act 1957”
“section 168 of the Criminal Procedure Act 2011”
new section 84EA(5)(c) as inserted by section 14 of the District Courts Amendment Act 2011 is amended by omitting “section 46 of the Summary Proceedings Act 1957” and substituting “section 168 of the Criminal Procedure Act 2011”; and
subsection (2) of this section is repealed.
Section 6(2): repealed, on 1 July 2013, by section 6(1)(c).
section 84C(2)(d) of the principal Act is amended by omitting “constable” and substituting “Police employee”; and
“constable”
“Police employee”
Section 7(2): repealed, on 1 July 2013, by section 7(1)(b).
If section 19 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—
section 84K(1) of the principal Act is amended by omitting “summary”; and
“summary”
Section 8(2): repealed, on 1 July 2013, by section 8(1)(b).
If section 23 of the District Courts Amendment Act 2011 is not in force on the date that this section comes into force,—
section 84O(6)(b) of the principal Act is amended by omitting “section 46 of the Summary Proceedings Act 1957” and substituting “section 168 of the Criminal Procedure Act 2011”; and
new section 84OB(3)(d) as inserted by section 23 of the District Courts Amendment Act 2011 is amended by omitting “section 46 of the Summary Proceedings Act 1957” and substituting “section 168 of the Criminal Procedure Act 2011”; and
Section 9(2): repealed, on 1 July 2013, by section 9(1)(c).
section 84O(6)(c) of the principal Act is amended by omitting “constable” in each place where it appears and substituting in each case “Police employee”; and
subsection (2) is repealed.
Section 10(2): repealed, on 1 July 2013, by section 10(1)(b).
section 84O(7) of the principal Act is amended by omitting “on an information”; and
“on an information”
section 84O(8) of the principal Act is amended by omitting “on an information”; and
section 23 of the District Courts Amendment Act 2011 is amended by omitting from new section 84O(6) “on an information” and substituting “before a Judge alone in relation to a charge”; and
“before a Judge alone in relation to a charge”
Section 11(2): repealed, on 1 July 2013, by section 11(1)(d).
The principal Act is amended as set out in the Schedule.
s 12
Omit “Summary Proceedings Act 1957” and substitute “Criminal Procedure Act 2011”.
“Summary Proceedings Act 1957”
“Criminal Procedure Act 2011”
Subsection (2): omit “summary criminal jurisdiction under the Summary Proceedings Act 1957” and substitute “jurisdiction to conduct Judge-alone trials in accordance with the Criminal Procedure Act 2011”.
“summary criminal jurisdiction under the Summary Proceedings Act 1957”
“jurisdiction to conduct Judge-alone trials in accordance with the Criminal Procedure Act 2011”
Subsection (2A): repeal and substitute:
(2A)
The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of jurisdiction to conduct jury trials in accordance with the Criminal Procedure Act 2011.
Omit “summary” and substitute “Judge-alone”.
“Judge-alone”
Repeal paragraph (a) and substitute:
by the Criminal Procedure Act 2011; or
Omit “in a summary way”.
“in a summary way”
Omit “summary”.
Subsection (3): omit “summary” and substitute “Judge-alone”.
Subsection (4): omit “trials on indictment” and substitute “jury trials”.
“trials on indictment”
“jury trials”
Repeal.
Omit “on indictment or on summary conviction”.
“on indictment or on summary conviction”
Omit “on indictment”.
“on indictment”
This is a reprint of the District Courts Amendment Act (No 2) 2011 that incorporates all the amendments to that Act as at the date of the last amendment to it.
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.
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/.
District Court Act 2016 (2016 No 49): section 240
District Courts Amendment Act (No 2) 2011 Commencement Order 2013 (SR 2013/164)
District Courts Amendment Act (No 2) 2011 (2011 No 88): sections 6(1)(c), 7(1)(b), 8(1)(b), 9(1)(c), 10(1)(b), 11(1)(d)