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Criminal Procedure Act 2011

Preliminary provisions - Jurisdiction of District Court to conduct criminal proceedings

9: Jurisdiction of District Court to conduct criminal proceedings

You could also call this:

"The District Court's power to hear criminal cases has some limits."

Illustration for Criminal Procedure Act 2011

The District Court has the power to deal with cases about any offence, but there are some limits. You need to know that the District Court's power is subject to some other rules, like section 114(2). If a case is very serious, it might be transferred to the High Court under rules like section 75 or section 36.

When you hear about the District Court, you should understand that its power is limited in some cases. For example, if a case is about a category 2 or 3 offence, the District Court only has power until the case is transferred to the High Court. The District Court also has to follow other rules, like those in Part 7.

Nothing in this section affects other parts of the law, like Part 6. This means that the rules about the District Court's power do not change other important rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360051.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1Preliminary provisions
Jurisdiction of District Court to conduct criminal proceedings

9Jurisdiction of District Court to conduct criminal proceedings

  1. Subject to subsections (2) and (3) and section 114(2), the District Court has jurisdiction to deal with a proceeding for any offence.

  2. If, in accordance with section 72 or 73, the level of trial court for a proceeding in respect of a category 2 or 3 offence is the High Court, the District Court has jurisdiction over the proceeding only until the time that it is transferred to the High Court under section 75.

  3. In a proceeding in respect of a category 4 offence, the District Court has jurisdiction to deal with the proceeding only until it is transferred to the High Court under section 36.

  4. Any reference in this Act or any other enactment to the District Court, or to a court where that reference includes the District Court, or to a Judge of the District Court, must be read subject to Part 7.

  5. Nothing in this section limits or affects Part 6.

Notes
  • Section 9 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 9(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 9(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 9(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 9(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).