Bail Act 2000

Court bail - Appeals on question of bail - Appeals from decisions of District Court Judges

44: Execution of decision of appeal court on appeal relating to bail under section 42

You could also call this:

"What happens after a court decides on your bail appeal"

If you appeal a decision about bail under section 42 and the appeal court says you should not get bail, a warrant will be issued to keep you in custody. You will get a copy of the appeal result when the warrant is executed or soon after. If the appeal court grants you bail, you will be released on bail and certain rules will apply, such as those in sections 30 and 31. If the appeal court changes your bail conditions, a new notice of bail will be prepared and you will need to understand the new conditions. If you are not at the appeal court, you will be sent a notice to attend a meeting to sign a new bail notice. You must attend the meeting or you might get arrested. If you do not go to the meeting or sign the new bail notice without a good reason, a judge can issue a warrant for your arrest. You must follow the rules of your bail or you could get in trouble. The court will make sure you understand what you need to do.

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This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68977.

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Crime and justice > Courts and legal helpCrime and justice > Police and safety

43: Procedure relating to appeal under section 42, or

"What to do if you want to appeal a decision under section 42"

45: Procedure relating to appeal under section 44, or

"What happens when you appeal a decision about bail"

Part 3Court bail
Appeals on question of bail: Appeals from decisions of District Court Judges

44Execution of decision of appeal court on appeal relating to bail under section 42

If, on an appeal under section 42, the appeal court determines that bail should not be granted or, as the case may be, should not be continued, a warrant for the detention of the defendant in custody must be issued by a Judge of the appeal court.
The person who executes a warrant issued under subsection (1) must ensure that a copy of the notice of the result of the appeal is given to the defendant when the warrant is executed or as soon as practicable after the warrant is executed.
If, on an appeal under section 42 against a refusal to grant bail, bail is granted,—
the appeal court must order that the defendant be released on bail; and
sections 30 and 31 apply.

If, on an appeal under section 42 in respect of any condition of bail, the appeal court varies or revokes any condition of bail or substitutes or imposes any other condition of bail, the following provisions apply:
if the defendant is present at the appeal 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
2. be satisfied that the defendant understands the conditions of bail; and
3. require the defendant to authenticate the notice of bail or bail bond:
if the defendant is not present at the appeal court, a Registrar of the court appealed from 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) required to give effect to the decision on the appeal.

If, in any case to which subsection (4) 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, a Judge of the court appealed from may issue a warrant for the arrest of the defendant.

Notes

Section 44: replaced, on 14 November 2018, by section 95 of the Courts Matters Act 2018 (2018 No 50).