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Criminal Procedure Act 2011

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

360: Power of Community Magistrates to decline jurisdiction

You could also call this:

"Community Magistrates can choose not to hear a case and send it to another court."

Illustration for Criminal Procedure Act 2011

If you are in a District Court with a Community Magistrate, they can decide not to deal with a case and send it to a different District Court with a District Court Judge. You will then have to come back to court at a later time and date that the court decides. The new court can then make a decision on your case as if it was the first court to hear it.

When a Community Magistrate sends a case to a different court, the new court can make decisions about the case. You can find more information about this by looking at the District Court Act. The rules about this were changed by the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360566.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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359: Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998, or

"A Community Magistrate has extra powers to help make and enforce court decisions."

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361: Jurisdiction of Justices and Community Magistrates to take pleas, or

"Justices and Community Magistrates can take your plea in certain court cases"

Part 7Provisions concerning jurisdiction of District Court
Jurisdiction of District Court presided over by 1 or more Community Magistrates

360Power of Community Magistrates to decline jurisdiction

  1. The District Court presided over by 1 or more Community Magistrates may decline jurisdiction in respect of an offence and may refer the case to the District Court presided over by a District Court Judge.

  2. If, under subsection (1), the District Court declines jurisdiction in respect of an offence, that court must immediately adjourn the proceeding to a time and place then appointed.

  3. The District Court to which a matter is referred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before that court in the first instance.

Compare
Notes
  • Section 360(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 360(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 360(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).