Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions - Rules and regulations

387: Regulations

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

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The Governor-General can make rules for the court system. You need to know that these rules can be about many things, such as which cases are handled by the Crown. The rules can also be about things like court fees and how much money solicitors get paid.

The Governor-General can make rules about when the Solicitor-General takes over a case. You can find more information about this in section 187(1). The Governor-General can also make rules about how long certain things take in court, like how long you have to do something.

The Governor-General can make rules about where a trial is held. This is in addition to what is already said in sections 73 and 74. The rules can also be about things like how much it costs to go to court and how much money interpreters get paid.

Some rules can be about sharing information between courts. This can include information about cases under the Care of Children Act 2004, the Family Violence Act 2018, the Harassment Act 1997, or the Victims' Orders Against Violent Offenders Act 2014.

The Governor-General can also make rules about changing the list of offences in Schedule 1. Some rules need to be agreed to by important people, like the Chief Justice and the Chief District Court Judge. You can learn more about these rules in Part 3 of the Legislation Act 2019.

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

387Regulations

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. providing that proceedings with specified features, or in relation to particular offences, or particular categories or classes of offence, are Crown prosecutions for the purposes of subpart 2 of Part 5:
    1. prescribing, for the purpose of section 187(1), the time or stage in a proceeding at which the Solicitor-General must assume responsibility for a Crown prosecution, and regulations under this paragraph may prescribe different times or stages for the assumption of that responsibility in different classes of proceeding:
      1. prescribing periods for the purposes of sections 190, 191, and 192:
        1. prescribing, for the purposes of sections 73 and 74, different or alternative places of trial from those specified in sections 73(4) and 74(4):
          1. prescribing the court fees to be paid in respect of any proceedings or any processes to which this Act applies:
            1. prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:
              1. prescribing the solicitors' fees payable by parties in proceedings to which this Act applies:
                1. providing for information about proceedings under this Act to be transferred between courts, where that information is relevant to proceedings under the Care of Children Act 2004, the Family Violence Act 2018, the Harassment Act 1997, or the Victims' Orders Against Violent Offenders Act 2014, including (without limitation) provision for such information to be transferred between—
                  1. different courts; or
                    1. different divisions of the same court; or
                      1. courts exercising civil jurisdiction and courts exercising criminal jurisdiction; or
                        1. courts exercising original jurisdiction and courts exercising appellate jurisdiction:
                        2. amending Schedule 1 by adding offences to, or removing offences from, that schedule:
                          1. prescribing transitional arrangements for the trial and sentencing of persons charged with offences that are added to or removed from Schedule 1:
                            1. prescribing offences for the purposes of section 356(1):
                              1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
                                1. Regulations made under subsection (1)(e) or (f) may—

                                2. prescribe different fees in respect of different classes of prosecutor or defendant or categories of offence, or on any other differential basis:
                                  1. prescribe different fees in respect of a matter depending on whether electronic or other means are used in a particular circumstance.
                                    1. Repealed
                                    2. Repealed
                                    3. Regulations made under subsection (1)(k) must not be made without the concurrence of the Chief Justice and the Chief District Court Judge.

                                    4. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                    5. Regulations under subsection (1)(i) or (j) must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                                    Compare
                                    Notes
                                    • Section 387(1)(d): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).
                                    • Section 387(1)(h): amended, on , by section 47 of the Family Violence (Amendments) Act 2018 (2018 No 47).
                                    • Section 387(1)(h): amended, on , by section 29(2) of the Victims' Orders Against Violent Offenders Act 2014 (2014 No 45).
                                    • Section 387(3): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                                    • Section 387(4): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                                    • Section 387(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                    • Section 387(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).