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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Conservation of the peace

367: Making of order for bond

You could also call this:

"The court can ask you to promise to behave and follow rules for up to a year, which is called a bond."

Illustration for Criminal Procedure Act 2011

When you go to court for a special kind of application under section 366, the court can ask you to agree to a bond if they think it's a good idea. The bond is like a promise to behave, and the court decides if you need to have someone else guarantee that you will keep your promise. The court also decides how much money the bond is for, and what you have to do to keep your promise, like not bothering the person who made the application.

The court will tell you for how long you have to keep your promise, and it can't be more than one year. You might have to promise not to do something that you were doing that was bothering someone else, or not to threaten someone. The court has to be satisfied that the person who made the application has a good reason to be scared of you, or that you might do something that will cause trouble, before they can make you agree to a bond. This can happen if you were threatening someone, or if you were doing something that was bothering them and might happen again. The court can also make you agree to a bond if they think you will carry out a threat you made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360583.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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366: Application for order for bond to keep the peace, or

"Apply to court to stop someone being violent or threatening towards you"

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368: Form of, and entering into, bond, or

"Agreeing to a bond: what you need to do and who can help"

Part 8Miscellaneous and transitional provisions
Conservation of the peace

367Making of order for bond

  1. On the hearing of an application under section 366, the court may order the defendant to enter into a bond if it considers that there are good grounds to do so.

  2. The bond—

  3. may be either with or without sureties as the court thinks fit; and
    1. must be in the sum or sums that the court thinks sufficient; and
      1. is subject to the condition that, for the period specified by the court, the defendant keep the peace towards the applicant and refrain from doing the act feared or threatened or repeating the conduct complained of.

        1. The period specified by the court for the purpose of subsection (2)(c) must not exceed 1 year from the date of the bond.

        2. No order may be made under this section, unless—

        3. in the case of an application under section 366(a), the court is satisfied that the applicant has just cause for his or her fear; or
          1. in the case of an application under section 366(b), the court is of the opinion that the conduct complained of is likely to be repeated and may tend to provoke a breach of the peace; or
            1. in the case of an application under section 366(c), the court is satisfied that there is just cause for fear that the defendant will, if not prevented, carry the threats into execution.

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