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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Notifying defendant of court appearance

34: Warrant may be issued if summons cannot be served

You could also call this:

"The police can arrest you if they cannot deliver a summons to you."

Illustration for Criminal Procedure Act 2011

If a charging document has been filed and a summons has been issued under section 28, 29, or 33, but it has not been served on you, this section applies. You might be arrested and taken to the District Court if the summons is for a category 1 offence and the District Court Judge thinks that people have tried hard to give you the summons. The Judge or another court official can issue a warrant to arrest you if the summons is for a category 2, 3, or 4 offence and they think people have tried hard to give you the summons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360077.

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Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Police and safety
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33: Summons to defendant in private prosecution, or

"Notifying someone they are being charged in a private court case"

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34A: When warrant may be issued irrespective of whether summons has been issued or served, or

"When a warrant can be issued to arrest you, even if you haven't got a summons yet."

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

34Warrant may be issued if summons cannot be served

  1. This section applies if a charging document has been filed and a summons has been issued under section 28, 29, or 33 that has not been served on the defendant.

  2. If the summons relates to a category 1 offence, a District Court Judge may issue a warrant to arrest the defendant and bring him or her before the District Court if the Judge is satisfied that reasonable efforts have been made to serve the summons on the defendant.

  3. If the summons relates to a category 2, 3, or 4 offence, a judicial officer or Registrar may issue a warrant to arrest the defendant and bring him or her before the District Court if the judicial officer or Registrar is satisfied that reasonable efforts have been made to serve the summons on the defendant.

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Notes
  • Section 34(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 34(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).