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Bail Act 2000

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

33: Variation of conditions of bail

You could also call this:

"Changing the Rules of Your Bail"

Illustration for Bail Act 2000

You can ask the court to change the conditions of your bail. The court can make changes if you or the prosecutor ask them to. They can also make changes if an EM assessor asks them to. You can ask the court to change an EM condition, but they can only make certain changes. They can let you leave your EM address, change when you can leave, or change your EM address. If the court makes changes to an EM condition, they must follow sections 30A to 30S. If you have a bail bond with sureties, you need their consent to make changes. A Registrar can make some changes, but only if the prosecutor agrees. You can also ask a Registrar to change when and where you report to the Police.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68953.

Topics:
Crime and justice > Courts and legal help
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32: Warrant of deliverance, or

"A court order to release someone, called a Warrant of Deliverance"

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34: Consequences of variation of conditions of bail, or

"What happens if the court changes your bail conditions"

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

33Variation of conditions of bail

  1. The court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may,—

  2. on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail; and
    1. on the application of an EM assessor, make an order varying the EM address.

      1. However, in the case of the variation of an EM condition, the only orders the court may make under subsection (1)(a) in relation to that EM condition are—

      2. an order authorising absence from the EM address:
        1. an order varying or revoking any existing authorisation of absence from the EM address:
          1. an order varying the EM address.

            1. If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S apply to the extent necessary and with the necessary modifications.

            2. No application may be made under subsection (1) or (6) in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application.

            3. A Registrar may exercise the power conferred by subsection (1) to make an order if—

            4. the court for the time being having jurisdiction in the proceeding for an offence is the District Court; and
              1. the prosecutor agrees.

                1. If a court or Registrar has, in granting bail to any defendant, imposed the condition that the defendant report to the Police at such time or times and at such place or places as the court or Registrar orders, a Registrar may, on the application of the defendant, make an order varying the time or times or the place or places at which the defendant is required to so report.

                Notes
                • Section 33: replaced, on , by section 93 of the Courts Matters Act 2018 (2018 No 50).