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Bail Act 2000

Court bail - Granting of bail on adjournment - Procedures after defendant granted bail

34A: Surrender of defendant on bail with EM condition

You could also call this:

"What to do if you're on bail and can't stay at your approved address"

Illustration for Bail Act 2000

If you are on bail with an EM condition, you must go to the Police if you cannot stay at the EM address. You can also go to the Police if you are waiting for a decision about changing your EM address or condition, as stated in section 33 or 34. The Police will then take you to see a judicial officer as soon as possible. If you are under 18 years old and on bail with an EM condition, certain rules from the Oranga Tamariki Act 1989 apply to you, such as sections 235 and 236. However, this does not apply if you are 17 years old and charged with an offence in the District Court or High Court. You will still be on bail with an EM condition for that offence. The Police must bring you before a judicial officer at the earliest opportunity.

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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=DLM5599630.

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"What happens if the court changes your bail conditions"

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Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail

34ASurrender of defendant on bail with EM condition

  1. A defendant on bail with an EM condition—

  2. must surrender himself or herself to Police custody if, for any reason (including the withdrawal of the consent of a relevant occupant), he or she is unable to remain at the EM address and no suitable temporary EM address is available; and
    1. may surrender himself or herself to Police custody pending determination of an application under section 33 or 34 to vary the EM address or revoke the EM condition.

      1. The Police must bring a defendant on bail with an EM condition who surrenders himself or herself to Police custody before a judicial officer at the earliest opportunity.

      2. If a defendant on bail with an EM condition who is under the age of 18 years surrenders himself or herself to Police custody, sections 234(c), 235, and 236 of the Oranga Tamariki Act 1989 apply with any necessary modifications.

      3. However, subsection (3) does not apply to a defendant aged 17 years who—

      4. is charged with, or convicted of, any offence in the District Court or the High Court; and
        1. is on bail with an EM condition for the offence or the alleged offence.

          Notes
          • Section 34A: inserted, on , by section 24 of the Bail Amendment Act 2013 (2013 No 66).
          • Section 34A(3): amended, on , by section 24(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 34A(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 34A(4): inserted, on , by section 24(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).