When you are involved in a private prosecution, the Registrar checks the charging document. If the Registrar accepts it under section 26, or a Judge decides it should be accepted, a summons is issued to the defendant. The Judge or the Registrar must issue this summons.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865716.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

32: Decision to change charge following summons, or

"Changing a charge after a summons has been issued"

34: Warrant may be issued if summons cannot be served, or

"The police can arrest you if they cannot deliver a summons to you."

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

33Summons to defendant in private prosecution

If the Registrar accepts a charging document for filing under section 26 or the Judge determines that the charging document should be accepted for filing under section 26, the Judge or the Registrar must issue a summons to the defendant.