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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Non-association orders

123: Jurisdiction and procedure

You could also call this:

"How the court makes decisions and tells people about changes to rules that affect you"

Illustration for Sentencing Act 2002

When you apply to change a non-association order, the rules from section 72 apply. The court can ask questions and hear evidence about your case before making a decision. The court can look at the circumstances of your case to help make its decision.

If the court changes or cancels the order, the Registrar must tell the Department of Corrections and the police. You can find more information about this in section 121. The court's decision is important, and the right people need to know about it.

The Registrar gives written notice of the decision to the Department of Corrections and the police. This notice is sent to the chief executive of the Department of Corrections and the police officer in charge of the nearest police station. The court's decision is final, and the notice is sent to make sure everyone knows about the change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136830.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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122: Determination of application for variation or cancellation of order, or

"Deciding if a court order to stay away from someone can be changed or cancelled"

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123A: Interpretation of terms used in this section and sections 123B to 123H, or

"What special words mean in these law sections"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

123Jurisdiction and procedure

  1. Section 72 applies, with any necessary modifications, to every application under section 121.

  2. Before determining the application, the court may make any inquiries as to the circumstances of the case that the court considers reasonable, and may hear any evidence relevant to those circumstances.

  3. If the court varies or cancels the non-association order, the Registrar must give written notice of the decision to the chief executive of the Department of Corrections and the constable in charge of the Police station nearest to the court.

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Notes
  • Section 123(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).