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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

14: Commencement of criminal proceedings

You could also call this:

"How to start a criminal case by filing a charging document in court"

Illustration for Criminal Procedure Act 2011

When you want to start a criminal case, you need to file a charging document. You file this document in the office of the District Court that is nearest to where the crime happened. You can also file it in the office nearest to where you think the person who did the crime can be found.

If everyone agrees, you can file the charging document in a different District Court office. If you have more than one charging document for the same person, you can file them all in the same office. This office must be one where you could file at least one of the documents.

If you file the charging document in the wrong office, it does not mean the case is invalid. You can still go ahead with the case. You can find more information by looking at the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360057.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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13: Procedural requirements of Act, regulations, and rules to be followed, or

"Follow the rules: do things the way the law and court rules say"

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15: Any person may commence proceeding, or

"Anyone can start a court case by following the rules"

Part 2Commencement of proceedings and preliminary steps
Filing a charging document

14Commencement of criminal proceedings

  1. A criminal proceeding in respect of an offence is commenced by filing a charging document in the office of the District Court that is—

  2. nearest to where the offence is alleged to have been committed; or
    1. nearest to where the person filing the charging document believes the defendant can be found.

      1. Despite subsection (1),—

      2. if all the parties to the proposed proceeding agree, the charging document may be filed in another office of the District Court; and
        1. if 2 or more charging documents are to be filed in respect of the same defendant, they may all be filed in an office of the District Court in which any 1 of them could be filed.

          1. A failure to file a charging document in the correct office of the District Court in accordance with this section does not invalidate any proceeding.

          Compare
          Notes
          • Section 14(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 14(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 14(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 14(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).