Criminal Procedure Amendment Rules 2021

  • latest version but not yet in force

2021/87

Coat of Arms of New Zealand

Criminal Procedure Amendment Rules 2021

Patsy Reddy, Governor-General

Order in Council

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

(a)

on the advice and with the consent of the Executive Council; and

(b)

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).

Rules

1 Title

These rules are the Criminal Procedure Amendment Rules 2021.

2 Commencement

(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.

3 Principal rules

These rules amend the Criminal Procedure Rules 2012.

4 Rule 2.1 amended (Content of documents)

Replace rule 2.1(2)(a) with:

(a)

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

5 Rule 2.10 amended (Proof of service)

In rule 2.10(2)(b)(i), replace “third” with “fifth”.

6 Rule 3.1 amended (Charging document)

Before rule 3.1(a), insert:

(aa)

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

7 Rule 3.2 amended (Summons to defendant)

In rule 3.2(2), replace “the Schedule” with “Schedule 1”.

8 Rule 4.13 amended (Notice about first appearance: unrepresented defendant)

In rule 4.13(2), replace “the Schedule” with “Schedule 1”.

9 Rule 6.1 amended (Location of rules providing for access to court documents)

In rule 6.1, replace “Senior Courts (Access to Court Documents) Rules 2017” with “District Court (Access to Court Documents) Rules 2017”.

10 New Schedule 2 inserted

After the Schedule, insert the Schedule 2 set out in the Schedule of these rules.

Schedule New Schedule 2 inserted

r 10

Schedule 2 Names of courts and Registries

rr 2.1(2), 3.1

Name of court and Registry in EnglishName of court and Registry in te reo Māori
AlexandraManuherekia
AshburtonHakatere
AucklandTāmaki Makaurau
BlenheimTe Waiharakeke
Chatham IslandsWharekauri
ChristchurchŌtautahi
DannevirkeTāmaki-nui-a-Rua
DargavilleTākiwira
DunedinŌtepoti
GisborneTūranganui-a-Kiwa
GoreMaruawai
GreymouthMāwhera
HamiltonKirikiriroa
HastingsHeretaunga
HāweraHāwera
HuntlyRāhui Pōkeka
Hutt ValleyTe Awakairangi
InvercargillWaihōpai
KaikoheKaikohe
KaikōuraKaikōura
KaitaiaKaitaia
LevinTaitoko
ManukauManukau
MartonTūtaenui
MastertonWhakaoriori
MorrinsvilleMorenawhira
NapierAhuriri
NelsonWhakatū
New PlymouthNgāmotu
North ShoreŌkahukura
OamaruTe Oha-a-Maru
OhakuneŌhakune
ŌpōtikiŌpōtiki
Palmerston NorthTe Papaioea
PapakuraPapakura
PoriruaPorirua
PukekohePukekohe
QueenstownTāhuna
RotoruaTe Rotorua-nui-a-Kahumatamomoe
RuatoriaRuatōrea
TaihapeTaihape
TaumarunuiTaumarunui
TaupōTaupō-nui-a-Tia
TaurangaTauranga Moana
Te AwamutuTe Awamutu
Te KuitiTe Kūiti
ThamesPārāwai
TimaruTe Tihi-o-Maru
TokoroaTokoroa
WaihiWaihī
WaipukurauWaipukurau
WairoaTe Wairoa
WaitākereWaitākere
WellingtonTe Whanganui-a-Tara
WestportKawatiri
WhakatāneWhakatāne
WhanganuiWhanganui
WhangāreiWhangārei-terenga-parāoa

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

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.