Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional provisions regarding public access and restrictions on reporting

392: Transitional provision regarding appeals by members of media

You could also call this:

"Rules for media appeals in court cases that started during law changes"

If you are a member of the media, this law applies to you in certain situations. You can appeal against some decisions or orders made in court cases that started after a specific part of the law came into effect, but before another part started. The rules about appealing are in laws such as the Crimes Act 1961, the District Courts Act 1947, and the Summary Proceedings Act 1957, and they apply to you with some changes.

When the law talks about when a court case started, it uses the rules in section 397(3), even if those rules are not yet in effect. You can appeal if you are described in section 210(1) and the decision or order was made under subpart 3 of Part 5, which has rules about public access and reporting.

The law is talking about specific parts of other laws, like section 379A(1)(ba) and section 383(1)(b) of the Crimes Act 1961, and section 115C(1) of the Summary Proceedings Act 1957.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865809.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
Previous

391: Application of amendments made by section 393, or

"New rules apply to old crime cases, even if they started before the rules began."

Next

393: Consequential amendments relating to public access and restriction on reporting provisions, or

"Changes to laws about what the public can know and what can be reported"

Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional provisions regarding public access and restrictions on reporting

392Transitional provision regarding appeals by members of media

  1. This section applies in relation to a proceeding for an offence that was commenced after the commencement of subpart 3 of Part 5 and before the commencement of subpart 7 of Part 6.

  2. Until the commencement of subpart 7 of Part 6, a person described in section 210(1) may appeal against a decision or order made under subpart 3 of Part 5 to which any of the following enactments apply:

  3. section 379A(1)(ba) or 383(1)(b) of the Crimes Act 1961:
    1. section 28E(2B) of the District Courts Act 1947:
      1. section 115C(1) of the Summary Proceedings Act 1957.

        1. The enactments referred to in subsection (2)(a) to (c) apply for the purpose of this section with the necessary modifications.

        2. Section 397(3) (which sets out when a proceeding has commenced) applies for the purpose of this section whether or not section 397(3) has itself been brought into force.