Bail Act 2000

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

34: Consequences of variation of conditions of bail

You could also call this:

"What happens if the court changes your bail conditions"

Illustration for Bail Act 2000

If a court changes your bail conditions, you get a new notice. A Registrar makes sure you understand the new conditions. You must sign the new notice to show you understand. If you are not in court, the Registrar sends you a notice to come back. You must go to the court at the time they say. If you do not go, a Judge can issue a warrant for your arrest. A Registrar can also issue a warrant if the court with power is the District Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68956.


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33: Variation of conditions of bail, or

"Changing the Rules of Your Bail"


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34A: Surrender of defendant on bail with EM condition, or

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

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

34Consequences of variation of conditions of bail

  1. If a court or Registrar varies or revokes any condition of bail or substitutes or imposes any other condition of bail under section 33(1), the following provisions apply:

  2. if the defendant is present at the court, a Registrar must,—
    1. as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any); and
      1. be satisfied that the defendant understands the conditions of bail; and
        1. require the defendant to authenticate the notice of bail or bail bond:
        2. if the defendant is not present at the court, a Registrar must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any).
          1. If, in any case to which subsection (1) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, the Registrar of the office of the court at the place where the condition of bail was varied or revoked or substituted or imposed must refer the matter to a Judge, who may issue a warrant for the arrest of the defendant.

          2. A Registrar may exercise the power under subsection (2) to issue a warrant to arrest the defendant if the court for the time being having jurisdiction in the proceeding for an offence is the District Court.

          Notes
          • Section 34: replaced, on , by section 93 of the Courts Matters Act 2018 (2018 No 50).