Criminal Procedure Rules 2012

Subpart 4—Provisions relating to speaking in Māori or using New Zealand Sign Language, and translations into Māori

1.9 Speaking in Māori or using New Zealand Sign Language

(1)

Any person entitled to speak Māori under section 7(1) of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 or to use New Zealand Sign Language under section 7(1) of the New Zealand Sign Language Act 2006 who intends to do so in any proceeding under the Act must either—

(a)

file a notice under this rule of the person’s intention to speak Māori or use New Zealand Sign Language; or

(b)

include notice of the person’s intention to speak Māori or use New Zealand Sign Language in the case management memorandum or trial callover memorandum.

(2)

The person intending to speak Māori or use New Zealand Sign Language is responsible for serving a copy of the notice filed under subclause (1)(a) on every party in the proceedings.

(3)

Despite subclause (2), where the person intending to speak Māori or use New Zealand Sign Language is a witness, the party calling the witness is responsible for serving the notice.

(4)

The notice must—

(a)

state the hearing or hearings at which the person intends to speak Māori or use New Zealand Sign Language; and

(b)

be served not later than 10 working days before the hearing at which the person intends to speak Māori or use New Zealand Sign Language.

(5)

Failure to serve or give notice in accordance with this rule does not prevent a person from speaking Māori or using New Zealand Sign Language in a proceeding, but the proceeding may be adjourned for the purpose of arranging for a competent interpreter to be present.

Rule 1.9(1): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).