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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Adjournments and bail

167: Power to adjourn

You could also call this:

"The court can pause a case and set a new time and place for it to continue later."

Illustration for Criminal Procedure Act 2011

A judicial officer can stop a court case for now and set a new time and place for it to happen. You can think of this like a pause button - the case isn't finished, it's just stopped for a while. The case can be stopped many times if needed.

If you are not in jail, a Registrar can also stop a court case before the trial and set a new time and place for it. A Registrar is a person who helps run the court. They can make this decision if you are not in custody, which means you are not in jail.

But there's an exception - if the Registrar is acting like the court under a specific rule called section 57, they can stop the case even if it's not before the trial or if you are in jail. This rule gives the Registrar some extra powers. The Registrar can use these powers to make decisions about your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360287.

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Topics:
Crime and justice > Courts and legal help
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168: Dealing with defendant on adjournment, or

"What happens to you if your court case is put on hold"

Part 5General provisions
Conduct of proceeding: Adjournments and bail

167Power to adjourn

  1. Any proceeding may from time to time be adjourned by a judicial officer to a time and place then appointed.

  2. A Registrar may adjourn any proceeding before the trial to a time and place then appointed if the defendant is not in custody.

  3. Despite subsection (2), a Registrar may adjourn a proceeding in any case if the Registrar is exercising the power of the court under section 57.

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