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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Transfer of proceedings to court at different place

157: Transfer of proceedings to court at different place or different sitting

You could also call this:

"The court can move your case to a different place or time if it's fair to do so."

Illustration for Criminal Procedure Act 2011

If you are in court, the judge can move your case to a different court or a different time. This can happen if the judge thinks it is fair to do so. The judge can make this decision on their own or because the prosecutor or defendant asked them to.

You can ask the judge to move your case to a different court or time if you think it is fair. The High Court can also move a case to a different court or time if it thinks it is fair. The court will look at sections like section 35, 71, 72, or 73 to decide where your case should be heard.

If everyone agrees, a different judge or magistrate can make the decision to move your case. This can happen for certain types of crimes, like category 1 or 2 offences. A Registrar can also make this decision in some cases.

Usually, you cannot object to the court's decision to move your case. However, there are some exceptions, like what is said in sections 217 and 218.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360268.

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Part 5General provisions
Conduct of proceeding: Transfer of proceedings to court at different place

157Transfer of proceedings to court at different place or different sitting

  1. A District Court Judge may, on his or her own motion or on the application of the prosecutor or the defendant, transfer a proceeding to the District Court at a place or sitting other than that determined in accordance with section 35, 71, 72, or 73, as the case may be, if the court is satisfied that it is in the interests of justice that the proceeding be heard at that other place or sitting.

  2. The High Court at a place may, on its own motion or on the application of the prosecutor or the defendant, transfer a proceeding to the High Court at a place or sitting other than that determined in accordance with section 72, 73, or 74, as the case may be, if the court is satisfied that it is in the interests of justice that the proceeding be heard at that other place or sitting.

  3. With the consent of all parties, an order under this section may be made by the District Court presided over by 1 or more Justices or 1 or more Community Magistrates in respect of a proceeding for—

  4. a category 1 or 2 offence; or
    1. a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant has not elected a jury trial.

      1. A Registrar may exercise the power specified in subsection (3).

      2. Except as provided in sections 217 and 218, no person may object to any order under this section.

      Compare
      Notes
      • Section 157(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 157(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 157(3): amended, on , by section 9(1) of the Criminal Procedure Amendment Act 2013 (2013 No 25).
      • Section 157(3A): inserted, on , by section 9(2) of the Criminal Procedure Amendment Act 2013 (2013 No 25).