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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Court dealing with proceeding before trial or transfer for trial

35: Court dealing with proceeding before trial or transfer for trial: categories 1 to 3

You could also call this:

"Court cases: where they are heard before a trial"

Illustration for Criminal Procedure Act 2011

You are involved in a court case for a category 1 offence. The case must be heard in the District Court where the charging document was filed. You are involved in a court case for a category 2 or 3 offence. The case is usually heard in the District Court where the charging document was filed, but there are some exceptions, such as rules in section 75. This rule does not apply if there are other orders or directions, such as those made under section 72 of the District Court Act 2016 or section 157 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360079.

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Topics:
Crime and justice > Courts and legal help
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36: Court dealing with proceeding before transfer for trial: category 4, or

"What happens in court before a category 4 case is moved to the High Court"

Part 2Commencement of proceedings and preliminary steps
Court dealing with proceeding before trial or transfer for trial

35Court dealing with proceeding before trial or transfer for trial: categories 1 to 3

  1. The proceeding for a category 1 offence before the trial must be heard and determined in the District Court at the place where the charging document was filed.

  2. Subject to section 75, the proceeding for a category 2 or 3 offence before the trial must be heard and determined in the District Court at the place where the charging document was filed.

  3. This section is subject to—

  4. section 114(2); and
    1. any order made under section 72 of the District Court Act 2016 or under section 157 of this Act; and
      1. section 139; and
        1. any direction made under section 156A.

          Notes
          • Section 35(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 35(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 35(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 35(3)(d): inserted, on , by section 11 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).