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Criminal Procedure Act 2011

Provisions concerning jurisdiction of District Court - Jurisdiction of District Court presided over by 1 or more Justices

355: Jurisdiction of Justices

You could also call this:

"What cases a Justice can hear in the District Court"

Illustration for Criminal Procedure Act 2011

When you go to the District Court, a Justice is in charge. The Justice can only deal with a case if the law that created the offence says a Justice can hear it. You need to know that the law creating the offence must say that a Justice can hear the case. The District Court can hear a case with one Justice if the law says so.

If there are two or more Justices, they can hear a case if the law says they can, or if it is an infringement offence. You can find more information by looking at the law that was used to compare this provision. The District Court with one or more Justices cannot hear a case about a continuing offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360560.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 7Provisions concerning jurisdiction of District Court
Jurisdiction of District Court presided over by 1 or more Justices

355Jurisdiction of Justices

  1. The District Court presided over by a Justice has jurisdiction in respect of an offence only if the enactment creating the offence or another enactment provides that jurisdiction may be exercised by a Justice.

  2. The District Court presided over by 2 or more Justices has jurisdiction in respect of an offence if—

  3. the enactment creating the offence or another enactment provides that jurisdiction may be exercised by a Justice or Justices:
    1. the offence is an infringement offence.

      1. The District Court presided over by a Justice or Justices does not have any jurisdiction in respect of an offence that is a continuing offence.

      Compare
      Notes
      • Section 355(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 355(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 355(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).