2021/87
Patsy Reddy, Governor-General
At Wellington this 19th day of April 2021
Present:The Right Hon Jacinda Ardern presiding in Council
These rules are made under section 386 of the Criminal Procedure Act 2011, section 148 of the Senior Courts Act 2016, and section 228(1) of the District Court Act 2016—
on the advice and with the consent of the Executive Council; and
with the concurrence of the Right Honourable the Chief Justice, the Chief District Court Judge, and at least 2 other members of the Rules Committee continued under section 155 of the Senior Courts Act 2016 (of whom at least 1 was a Judge of the High Court and at least 1 was a District Court Judge).
These rules are the Criminal Procedure Amendment Rules 2021.
(1)
Except for rules 4 and 6, these rules come into force on 20 May 2021.
(2)
Rules 4 and 6 come into force on 1 April 2022.
These rules amend the Criminal Procedure Rules 2012.
Replace rule 2.1(2)(a) with:
the name of the court and Registry (in both English and te reo Māori) where the proceeding to which the document relates will be heard (see Schedule 2, which sets out the name, in both languages, of each court and Registry); and
In rule 2.10(2)(b)(i), replace “third” with “fifth”.
“third”
“fifth”
Before rule 3.1(a), insert:
the name of the court and Registry (in both English and te reo Māori) where the proceeding will be commenced (see Schedule 2, which sets out the name, in both languages, of each court and Registry); and
In rule 3.2(2), replace “the Schedule” with “Schedule 1”.
“the Schedule”
“Schedule 1”
In rule 4.13(2), replace “the Schedule” with “Schedule 1”.
In rule 6.1, replace “Senior Courts (Access to Court Documents) Rules 2017” with “District Court (Access to Court Documents) Rules 2017”.
“Senior Courts (Access to Court Documents) Rules 2017”
“District Court (Access to Court Documents) Rules 2017”
After the Schedule, insert the Schedule 2 set out in the Schedule of these rules.
r 10
rr 2.1(2), 3.1
Michael Webster,Clerk of the Executive Council.
These rules, which come into force on 20 May 2021 (except rules 4 and 6, which come into force on 1 April 2022), amend the Criminal Procedure Rules 2012 as follows:
rules 2.1 and 3.1 are amended to require that all documents filed in a criminal Registry name that Registry in both English and te reo Māori. Consequential amendments are made to rules 3.2 and 4.13:
rule 2.10(2)(b)(i) is amended so that proof of service of a document sent by mail is treated as having been served on the earlier of the fifth (rather than the third) working day after the day on which it is posted or the day on which it is received:
rule 6.1 is amended to refer to the correct rules that apply to access to court documents (the District Court (Access to Court Documents) Rules 2017):
new Schedule 2 is inserted and sets out the names of criminal Registries in both English and te reo Māori.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 22 April 2021.
These rules are administered by the Ministry of Justice.