Criminal Procedure Act 2011

Procedure before trial - Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

75: Transfer of certain proceedings for category 2 and 3 offences to trial court

You could also call this:

"Moving your court case to the right court for a fair trial"

Illustration for Criminal Procedure Act 2011

When you are involved in a court case for a category 2 or 3 offence, the Registrar has a job to do. The Registrar must move your case to the trial court as soon as possible after a decision is made under section 68(1) or section 70(4) that your trial will be in the High Court. This means your case will be dealt with in the trial court from then on.

If your case is for a category 3 offence and it is put on hold for a trial callover, the Registrar of the court that put it on hold must transfer your case to the trial court as soon as possible. The Registrar must do this even if the court that put your case on hold is not the same as the trial court.

The Registrar's job is to make sure your case is moved to the right court so it can keep moving forward.

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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=DLM3865739.

Topics:

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

74: Category 4 offences, or

"Big crimes that are tried in the High Court with a judge or jury"

76: Transfer of proceeding from trial court to new trial court, or

"Moving a court case to a different court"

Part 3Procedure before trial
Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

75Transfer of certain proceedings for category 2 and 3 offences to trial court

The Registrar must transfer a proceeding for a category 2 or 3 offence to the trial court as soon as practicable after any order is made under section 68(1) or 70(4) that the trial is to be in the High Court.
The Registrar of the court that adjourns the proceeding for a category 3 offence for trial callover (if that court is not the trial court) must transfer the proceeding to the trial court as soon as practicable.