Criminal Procedure Amendment Rules 2024
Criminal Procedure Amendment Rules 2024
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2024/145

Criminal Procedure Amendment Rules 2024
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 29th day of July 2024
Present:
Her Excellency the Administrator of the Government in Council
These rules are made under 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 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 2024.
2 Commencement
These rules come into force on 1 September 2024.
3 Principal rules
These rules amend the Criminal Procedure Rules 2012.
4 Rule 4.14 amended (Notice about protocol offence)
(1)
Revoke rule 4.14(2)(b).
(2)
Revoke rule 4.14(5).
5 Rule 6.1 replaced (Location of rules providing for access to court documents)
Replace rule 6.1 with:
6.1 Location of rules providing for access to court documents
(1)
The rules providing for access to documents in the custody or control of the District Court in criminal proceedings are set out in the District Court (Access to Court Documents) Rules 2017.
(2)
The rules providing for access to documents in the custody or control of the High Court, Court of Appeal, or Supreme Court in criminal proceedings are set out in the Senior Courts (Access to Court Documents) Rules 2017.
Rachel Hayward,
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 1 September 2024, amend the Criminal Procedure Rules 2012 (the principal rules). Pursuant to section 386 of the Criminal Procedure Act 2011, these rules are made under section 148 of the Senior Courts Act 2016 and section 228 of the District Court Act 2016.
The amendments—
revoke references in rule 4.14 of the principal rules to stage-3 offences, which are redundant as a consequence of the repeal of sections 86A to 86I of the Sentencing Act 2002 by the Three Strikes Legislation Repeal Act 2022:
replace rule 6.1 of the principal rules with a provision that correctly refers to the location of the rules providing for access to court documents relating to criminal proceedings, as follows:
court documents that are in the custody or control of the District Court are set out in the District Court (Access to Court Documents) Rules 2017; and
court documents that are in the custody or control of the High Court, Court of Appeal, or Supreme Court are set out in the Senior Courts (Access to Court Documents) Rules 2017.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 1 August 2024.
These rules are administered by the Ministry of Justice.
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Versions
Criminal Procedure Amendment Rules 2024
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