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Criminal Procedure Act 2011

Provisions concerning jurisdiction of District Court - Transfer to District Court presided over by District Court Judge

363: Power to transfer matter to District Court presided over by District Court Judge

You could also call this:

"A District Court Judge can move a case to another District Court to be heard by a different judge."

Illustration for Criminal Procedure Act 2011

A District Court Judge can decide to move a case to a different court. This new court is also a District Court, but it is presided over by a District Court Judge. You can think of it like switching to a different room in the same courthouse.

If a case is moved, the new court can finish dealing with it as if it started there. The District Court Judge makes the decision to move the case if they think it is a good idea. They consider each case individually to decide what is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360568.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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362A: Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges, or

"Justices and Community Magistrates can change or stop charges against you in some cases"

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364: Costs orders, or

"The court can order someone to pay money if they didn't follow the rules during a case."

Part 7Provisions concerning jurisdiction of District Court
Transfer to District Court presided over by District Court Judge

363Power to transfer matter to District Court presided over by District Court Judge

  1. A District Court Judge may, in any case in which the District Court Judge considers it appropriate, order that any matter before the District Court presided over by 1 or more Justices or 1 or more Community Magistrates be transferred to the District Court presided over by a District Court Judge.

  2. The District Court to which a matter is transferred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before a court presided over by a District Court Judge in the first instance.

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Notes
  • Section 363(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 363(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).