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Criminal Procedure Act 2011

Amendments to other enactments

Schedule 1AA: Transitional, savings, and related provisions

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"Special rules to help change the law smoothly"

Illustration for Criminal Procedure Act 2011

The Criminal Procedure Act 2011 has some special rules. You need to know what these rules mean. The rules are about how the law applies to certain situations.

If you are 17 years old and you are in court, the law will treat you in a certain way. This is because of changes made to the law by the Oranga Tamariki Legislation Act 2019. You can read more about these changes in section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017.

There are also rules about how the law applies to cases that started before certain changes were made. For example, if a case started before the Courts Matters Act 2018 came into force, the old law will still apply. You can read more about this in section 82(1)(b) of the principal Act. Other changes were made by the Sexual Violence Legislation Act 2021 and the Security Information in Proceedings (Repeals and Amendments) Act 2022. These changes only apply to cases that started after they came into force. You can read more about these changes in Part 3 of the Sexual Violence Legislation Act 2021 and sections 12 to 31 of the Security Information in Proceedings (Repeals and Amendments) Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS220076.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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1AATransitional, savings, and related provisions Empowered by s 7A

1Provisions relating to Oranga Tamariki Legislation Act 2019

1Interpretation

  1. In this Part,—

    2017 Act means the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

      2019 Act means the Oranga Tamariki Legislation Act 2019

        commencement date means the date on which section 7(4) of the 2017 Act comes into force

          proceeding—

          1. means a proceeding that has been commenced by—
            1. the filing of a charging document; or
              1. the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
              2. includes an appeal against conviction or sentence.

              Notes
              • Schedule 1AA clause 1: inserted, on , by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

              2Proceeding under way on commencement date against defendant aged 17 years

              1. This clause applies to any defendant aged 17 years in a proceeding that is under way in the District Court or the High Court on the commencement date.

              2. The defendant must be dealt with by the court under this Act as if section 7(4) of the 2017 Act had not come into force.

              Notes
              • Schedule 1AA clause 2: inserted, on , by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

              3Proceeding commenced on or after commencement date for offence committed before commencement date

              1. This clause applies to any defendant aged 17 years in a proceeding that—

              2. is commenced on or after the commencement date; and
                1. is for an offence, or an alleged offence, that was committed before the commencement date when the defendant was 17 years of age.

                  1. The defendant must be dealt with by the court under this Act—

                  2. as amended by subpart 1 of Part 2 of the 2017 Act; and
                    1. as further amended by sections 35 and 46 of the 2019 Act.

                      Notes
                      • Schedule 1AA clause 3: inserted, on , by section 48 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                      2Provision relating to Courts Matters Act 2018

                      4Declaration made under old law continues to be admissible

                      1. A declaration containing the statement required by section 82(1)(b) of the principal Act (as it read before the amendments made by section 32 of the Courts Matters Act 2018) continues to be admissible in proceedings on and after the commencement of section 32 of the Courts Matters Act 2018.

                      Notes
                      • Schedule 1AA clause 4: inserted, on , by section 48 of the Courts Matters Act 2018 (2018 No 50).

                      3Provision relating to Part 3 of Sexual Violence Legislation Act 2021

                      5Proceedings affected by Part

                      1. Amendments made by a provision of Part 3 of the Sexual Violence Legislation Act 2021 (except for this clause) apply only to proceedings commenced on or after the commencement of that provision.

                      2. Proceedings commenced before that commencement, and not finally determined (including any rehearing, retrial, or appeal) before that commencement, continue as if those amendments had not been enacted.

                      3. However, the following provisions apply, after they (or, as the case requires, after the amendments made to them by that Part) come into force, to proceedings specified in subclause (2):

                      4. section 196(3) (court proceedings generally open to public):
                        1. section 199AA (court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature).

                          Notes
                          • Schedule 1AA clause 5: inserted, on , by section 52 of the Sexual Violence Legislation Act 2021 (2021 No 60).

                          4Provisions relating to Security Information in Proceedings (Repeals and Amendments) Act 2022

                          6Interpretation

                          1. In this Part, unless the context otherwise requires,—

                            2022 Act means sections 12 to 31 of the Security Information in Proceedings (Repeals and Amendments) Act 2022

                              commencement date means the date on which the 2022 Act comes into force.

                              Notes
                              • Schedule 1AA clause 6: inserted, on , by section 31(2)(b) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).

                              7Proceedings affected by amendments

                              1. The amendments made to this Act by the 2022 Act (except for this clause) apply only to proceedings commenced on or after the commencement date.

                              2. Proceedings commenced before the commencement date, and not finally determined before the commencement date (including any rehearing, retrial, or appeal), continue as if those amendments had not been enacted.

                              Notes
                              • Schedule 1AA clause 7: inserted, on , by section 31(2)(b) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).