Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

398: Proceedings commenced after commencement date

You could also call this:

"Court cases started after a certain date follow new laws"

Illustration for Criminal Procedure Act 2011

If you are involved in a court case about an offence that starts on or after the commencement date, this section applies to you. You will have your case started and dealt with under the new laws that are in place after the commencement date. This is true even if the offence happened before the commencement date, unless sections like sections 400 and 405 say something different.

You should note that other laws may also affect how your case is handled. The law that applies is the one that is in place after the commencement date. This means that the new laws will be used, even if the offence happened before they came into effect.

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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=DLM3865815.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

397: Proceedings commenced before commencement date, or

"Court cases that started before the new law began still follow the old law."

399: Absconding defendants, or

"What happens if you run away from a court case in New Zealand"

Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

398Proceedings commenced after commencement date

This section applies to any proceeding for an offence that is sought to be commenced on or after the commencement date.
Subject to sections 400 and 405 and to any express provision to the contrary in this or any other Act the proceeding must, whether the offence was committed before or after that date, be commenced and dealt with under the law as it is after the commencement date.