Hon Judith Collins
Government Bill
17—2
As reported from the Law and Order Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act
Part 1Amendments to principal Act
4 Section 3 amended (Interpretation)
5 Section 7 amended (Rules as to granting bail)
6 Section 8 amended (Consideration of just cause for continued detention)
7 New section 9A inserted (Restriction on bail if defendant charged with murder)
9A Restriction on bail if defendant charged with murder
8 Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)
9 Section 15 amended (Granting of bail to defendant under 20 years of age)
10 Sections 16 and 17 replaced
16 Judge only may grant bail for drug dealing offence
17 District Court may continue or renew bail for drug dealing offence
11 New section 17A inserted (Restriction on bail if defendant charged with serious Class A drug offence)
17A Restriction on bail if defendant charged with serious Class A drug offence
12 Sections 21 and 22 replaced
21 Police employee may grant bail
21A Notice of Police bail
21B Conditions of Police bail
22 Conditions of Police bail granted to defendant charged with domestic violence offence
13 Section 24 replaced (Failure to answer Police bail)
24 Failure to answer Police bail
14 Section 25 repealed (Effect on bond of attendance or non-attendance of person bailed by constable)
15 Section 26 replaced (Breach of condition of Police bail)
26 Breach of condition of Police bail
15A Section 28 amended (Warrant for detention of defendant remanded on bail)
16 Section 30 amended (Conditions of bail)
17 New sections 30A to 30R and cross-heading inserted
Electronic monitoring condition
30A Purpose of EM condition
30B When court may grant bail with EM condition
30C Court must not grant bail with EM condition if less restrictive bail conditions suffice
30D Application for bail with EM condition
30E Commissioner may authorise EM assessors
30F EM reports
30G EM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
30H Use of information obtained for EM report
30I Court must be satisfied as to certain matters before granting bail with EM condition
30J Court must specify EM address
30K EM assessor must define area of EM address to which defendant is confined
30L Defendant's obligations under EM condition
30M Authorised absence from EM address
30N Use of information obtained from electronic monitoring
30O Court may remand defendant in custody pending installation of electronic monitoring equipment, etc
30P Defendant on bail with EM condition not in custody
30Q Bail with EM condition does not affect entitlements under Social Security Act 1964
30R Subsequent application for bail with EM condition
18 Section 31 amended (Release of defendant granted bail)
18A Section 32 repealed (Warrant of deliverance)
19 Section 33 amended (Variation of conditions of bail imposed by District Court)
20 Section 34 amended (Variation of conditions of bail imposed by High Court)
21 New section 34A inserted (Surrender of defendant on bail with EM condition)
34A Surrender of defendant on bail with EM condition
22 Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)
23 Section 36 amended (Arrest of defendant charged with drug dealing offence)
24 New section 36A inserted (Offence to refuse authorised person entry to EM address)
36A Offence to refuse authorised person entry to EM address
24A Section 37 amended (Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail)
24B Section 39 amended (Non-performance of condition of bail may be certified and recorded)
24C Section 43 amended (Execution of decision of District Court on appeal relating to bail)
24D Section 46 amended (Execution of decision of High Court on appeal relating to bail)
24E Section 48 amended (Procedure relating to appeal under section 47)
24F Section 49 amended (Execution of decision of Court of Appeal on appeal relating to bail)
24G Section 50 amended (Execution of decision of Supreme Court on appeal relating to bail)
24H Section 51 amended (Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record)
24I Section 52 amended (Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record)
24J New section 52A and cross-heading inserted
Issue of warrant for detention in custody
52A Period for which warrant for detention in custody may be issued
24K Section 54 amended (Granting of bail to appellant in custody pending appeal to High Court)
24L Section 59 amended (Surrender of appellant released on bail)
25 Section 59 amended (Arrest of defendant charged with drug dealing offence)
25A Section 60(1) amended (Issue of warrant to arrest defendant absconding or breaching bail condition)
25B New section 73A inserted (Authentication of documents)
73A Authentication of documents
Part 2Amendments to other Acts
26 Amendments to Children, Young Persons, and Their Families Act 1989
214A Arrest of child or young person in breach of bail condition
27 Amendments to Sentencing Act 2002
28 Amendment to Bail Amendment Act 2011
29 Amendments to District Courts Act 1947
30 Amendments to District Courts Amendment Act 2011
31 Amendments to Summary Proceedings Act 1957
Legislative history
The Parliament of New Zealand enacts as follows: