Criminal Procedure Rules 2012

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Criminal Procedure Rules 2012

(SR 2012/415)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of December 2012

Present:
Hon Gerry Brownlee presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

Pursuant to section 386 of the Criminal Procedure Act 2011, section 122(1) of the District Courts Act 1947, and section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting 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 established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court and at least 1 was a District Court Judge), makes the following rules.

Contents

1.1Title
1.2Commencement
1.3Objective
1.4Interpretation
1.5Application of these rules
1.6Correction of accidental slip or omission
1.7Extending and shortening time
1.8Custody, etc, of exhibits
1.9Speaking in Māori or using New Zealand Sign Language
1.10Translation of documents into Māori
2.1Content of documents
2.2Authentication
2.3How to file document
2.4Documents that must be served
2.5How to serve document
2.6How certain documents to be served
2.7Service on lawyer, prisoner, body corporate, Crown organisation, etc
2.8Who is responsible for serving document
2.9Parties must provide address for service
2.10Proof of service
2.11Applications: general provisions
2.12How to make application
2.13How to make written application
2.14How to respond to application
2.15Procedure for dealing with application
3.1Charging document
3.2Summons to defendant
3.3Summons to witness
3.4Warrant to arrest defendant
3.5Warrant to detain defendant
3.6Warrant to arrest witness
3.7How to issue warrant
4.1Time of second appearance
4.2Time of case review
4.3Time of trial callover
4.4Entering plea by notice
4.5Applications under section 58 or 59 of Act relating to case management procedure
4.6Time for filing case management memorandum
4.7Information about case review
4.8Case management memorandum
4.9Sentence indications
4.10Notice of transfer of proceedings to different court or venue
4.11Crown prosecution notice
4.12Other Crown notices
4.13Notice about first appearance: unrepresented defendant
4.14Notice about protocol offence
5.1Application of this subpart
5.2Application for pre-trial admissibility hearing
5.3Application of this subpart
5.4Pre-trial applications
5.5Filing of formal statements
5.6Filing of trial callover memorandum
5.7Information about trial callover
5.8Information that must be contained in trial callover memorandum
5.9Commencing trial
5A.1Summary of facts
5A.2Application for leave to amend summary of facts
5A.3Application of this subpart
5A.4Filing of sentencing memoranda
5A.5Sentencing memoranda
5A.6Sentencing hearing
5A.7Assistance to authorities
5A.8Assistance to authorities known only to prosecutor
6.1Interpretation
6.2Application
6.3Decisions under this Part made as part of civil jurisdiction
6.4General right of access
6.5Right of prosecutor and defendant to access court file or documents
6.6Access to documents during proceedings
6.7Meaning of relevant deadline in rule 6.6
6.8Access to documents or court file in other cases
6.9Restrictions on access
6.10Matters to be taken into account
7.1Permanent court record to be kept for each court
7.2Details of permanent court record
8.1Application and interpretation
8.2Departure from this Part for reasons of urgency
8.3How to give notice of appeal or apply for leave to appeal
8.4Information required for notice of appeal or notice of application for leave to appeal
8.5Notice given out of time
8.6Reply memorandum
8.7Complaint against trial lawyer
8.8Fresh evidence
8.9Deponent may be required to give evidence orally
8.10Application for hearing on papers
8.11Period allowed for making written submissions
8.12Timing of application on papers
8.13Change of mode of hearing
8.14Application for oral hearing
8.15Notice of fixture for oral hearing
8.16Timing of submissions
9.1Revocation
Gazette Information
Reprint notes