Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions - Rules and regulations

386: Rules

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"Courts have rules to help them work fairly and smoothly"

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The law says that courts have the power to make rules about how they work. These rules are made under section 148 of the Senior Courts Act 2016 and section 228(1) of the District Court Act 2016. The rules help courts follow the right process when dealing with cases.

The rules can say how people make applications or give notices to the court. They can also say how documents are filed or authenticated, like signing them. The rules might even say how courts issue summons or warrants, or what information must be in certain documents. They can prescribe forms for documents and how they should look.

The rules can also say who is responsible for serving documents to people involved in a case. They might say how service is proved, or what happens to documents and exhibits during a case. The rules can set time limits for certain steps in a case, or say when a judge can allow something to happen later than usual. They can also impose duties on court staff and say how they should do their jobs.

The rules might provide for the use of electronic technology in court cases. They can apply to all cases or just certain types, like a particular kind of offence. The rules can be different for different types of cases or people involved. They help courts work smoothly and make sure everyone follows the same process.

The rules can also say how courts keep records of cases, including judgments and appeals. They might provide for translating documents into Māori or sign language. The rules can even say how courts share information with other agencies, like when a protection order is made under section 123B of the Sentencing Act 2002, as defined in section 184 of the Family Violence Act 2018. This helps keep everyone safe and makes sure the right information is shared.

The rules apply to all courts, including the Supreme Court, Court of Appeal, High Court, and District Court. They help these courts work together and follow the same rules. This makes the court process fairer and more efficient for everyone involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360605.


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387: Regulations, or

"Rules the Governor-General makes for New Zealand courts"

Part 8Miscellaneous and transitional provisions
Miscellaneous provisions: Rules and regulations

386Rules

  1. The power to make rules of court under section 148 of the Senior Courts Act 2016 and section 228(1) of the District Court Act 2016 includes the power to make rules regulating the practice and procedure of courts in the exercise of jurisdiction conferred by this Act.

  2. Without limiting the generality of subsection (1), rules made in accordance with that subsection may—

  3. prescribe the manner in which applications and notices or notifications may be made or given (including whether orally or in writing), and the manner in which they may be responded to:
    1. prescribe the manner in which charging documents, applications, notices, and other documents are to be filed:
      1. prescribe the manner in which charging documents, summons, warrants, applications, notices, and other documents are to be authenticated (including by signature or any other means):
        1. prescribe the manner in which summons, warrants, notices, and other documents are to be issued by a court, a Registrar, or any other person:
          1. prescribe information that must be contained in charging documents, summons, warrants, applications, notices, and other documents to be filed, made, or given:
            1. prescribe forms for charging documents, applications, summons, warrants, notices, and other documents, or other requirements relating to the form or presentation of documents:
              1. prescribe other information that may be required in connection with proceedings to which this Act applies and any requirements relating to the form and presentation of that information:
                1. require the service of any summons, application, or other document:
                  1. prescribe who has responsibility for serving any summons, application, or other document:
                    1. prescribe who may, on behalf of a person responsible under the Act or by rules as described in paragraph (i), serve any summons, application, notice, or other document:
                      1. prescribe the procedure for the service of summonses, notices, and other documents:
                        1. prescribe the manner of proving service:
                          1. prescribe requirements relating to the custody of documents, exhibits, and other things connected with proceedings to which this Act applies:
                            1. prescribe periods, or minimum or maximum periods, within which, or times or stages in the proceedings before or after which, steps required or permitted by the Act or the rules must, or must not, be taken:
                              1. prescribe circumstances in which a judicial officer may grant leave for applications or any other matter to be made or done later than a time prescribed in the rules:
                                1. impose duties on Registrars, and prescribe the manner in which Registrars must carry out any action for the purposes of this Act:
                                  1. prescribe procedures relating to the delivery of judgments and other decisions in proceedings to which this Act applies:
                                    1. prescribe the manner in which proceedings are to be transferred between courts:
                                      1. provide for the translation of documents into the Māori language and into sign language:
                                        1. prescribe matters relating to the permanent court record, including—
                                          1. the formal steps in a proceeding that must be recorded:
                                            1. the manner in which the permanent court record must be maintained:
                                              1. who may discharge courts' obligations to maintain the permanent court record:
                                                1. procedures for ensuring the accuracy of the permanent court record:
                                                  1. procedures for correcting the permanent court record:
                                                    1. if a protection order is made under section 123B of the Sentencing Act 2002 on sentencing or otherwise dealing with an offender for a family violence offence, authorise disclosure to, or sharing with, an assessor or a service provider (as those terms are defined in section 184 of the Family Violence Act 2018)—
                                                      1. of specified court documents relating to the offender, every protected person for the order, or both; and
                                                        1. for the purposes of all or stated provisions of that Act; and
                                                          1. by the court concerned or under its authority or direction:
                                                        2. prescribe the manner in which a record of oral evidence is to be authenticated:
                                                          1. provide for the establishment, form, and maintenance of registers of notices of appeal and judgments, and provide for the registers to be available for inspection by members of the public in accordance with the rules:
                                                            1. provide for any other matters in respect of which rules are contemplated by this Act.
                                                              1. Without limiting the generality of subsection (1), rules made in accordance with that subsection may provide for the use of electronic technology in relation to any matter described in subsection (2).

                                                              2. Rules made in accordance with subsection (1) may—

                                                              3. apply generally or only to a particular class of prosecutor or defendant, category of offence, class of document, or other matter or thing:
                                                                1. apply differently to different classes of prosecutor or defendant, categories of offence, or classes of document, or on any other differential basis.
                                                                  1. Rules made in accordance with subsection (1) may regulate the practice and procedure in proceedings under this Act in the Supreme Court, the Court of Appeal, the High Court, and the District Court (including the practice and procedure for appeals).

                                                                  Compare
                                                                  Notes
                                                                  • Section 386(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                                  • Section 386(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
                                                                  • Section 386(2)(va): inserted, on , by section 46 of the Family Violence (Amendments) Act 2018 (2018 No 47).
                                                                  • Section 386(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).