Plain language law

New Zealand law explained for everyone

Bail Act 2000

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Changes to the law and how they affect people on bail"

Illustration for Bail Act 2000

You are reading about the Bail Act 2000. This Act has extra information called schedules. The schedule you are reading is about changes to the law and how they affect people. It talks about what happens when new laws come into force and how they apply to people who are already dealing with the court. You need to know what some words mean. A "commencement date" is the day a new law starts. A "pre-commencement drug or alcohol condition" is a rule that was imposed before the new law started. This rule might say you cannot use drugs or alcohol while you are on bail. If you are on bail with one of these rules, the new law applies to you from the commencement date. This means you have to follow the same rules as people who got bail after the new law started. There are also rules about how the court deals with people who are 17 years old. If you are 17 and in court, the law says how you should be treated. The court has to follow the new law when dealing with you. Some changes to the law apply to people who were already dealing with the court. These changes can affect the rules you have to follow while you are on bail. The court can change or cancel these rules if needed. New laws can also validate things that happened before they started. This means that if something was done before the new law, it can still be okay under the new law. The law also talks about electronic monitoring. This is when you wear a device that tracks where you are. The law says how this device can be used and what rules you have to follow.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7254116.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal helpFamily and relationships > Children and parenting
Previous

75: Savings, or

"Using old laws for unfinished appeals"

Next

Schedule 1: Modifications of Part 3 where appeal is from District Court presided over by Community Magistrate or Community Magistrates to District Court presided over by District Court Judge, or

"Changes to the rules when appealing to a higher court"

1AATransitional, savings, and related provisions Empowered by s 3A

1Provisions relating to Bail (Drug and Alcohol Testing) Amendment Act 2016

1Interpretation

  1. In this Part,—

    commencement date means the date on which the Bail (Drug and Alcohol Testing) Amendment Act 2016 comes into force

      pre-commencement drug or alcohol condition means a condition—

      1. that is imposed before the commencement date under section 30(4) (alone or with any of sections 40(4), 53(4), and 54(4)); and
        1. that prohibits a defendant from doing 1 or more of the following:
          1. using (as defined in section 3) a controlled drug:
            1. using a psychoactive substance:
              1. consuming alcohol.

            Notes
            • Schedule 1AA clause 1: inserted, on , by section 12 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).
            • Schedule 1AA clause 1: amended, on , by section 27(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

            2Testing and monitoring of defendants on bail with pre-commencement drug or alcohol conditions

            1. This clause applies if a defendant is on bail with a pre-commencement drug or alcohol condition.

            2. On and from the commencement date, sections 30T to 30X, 73AA, and 73AAB, and any rules made under section 73AA, apply in respect of the defendant—

            3. as if the pre-commencement drug or alcohol condition were a drug or alcohol condition imposed by a judicial officer or Registrar on or after the commencement date; and
              1. as if the judicial officer or Registrar had complied with section 30AA(3) in respect of the condition.

                Notes
                • Schedule 1AA clause 2: inserted, on , by section 12 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).

                2Provisions relating to Oranga Tamariki Legislation Act 2019

                3Interpretation

                1. In this Part,—

                  2019 Act means the Oranga Tamariki Legislation Act 2019

                    commencement date means the date on which subpart 1 of Part 2 of the 2019 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 3: inserted, on , by section 27(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                          4Proceeding 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 subpart 1 of Part 2 of the 2019 Act had not come into force.

                          3. This clause is subject to clauses 6 and 7.

                          Notes
                          • Schedule 1AA clause 4: inserted, on , by section 27(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                          5Proceeding 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 as amended by subpart 1 of Part 2 of the 2019 Act.

                              Notes
                              • Schedule 1AA clause 5: inserted, on , by section 27(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                              6Arrest of person aged 17 years without warrant under section 35(1)

                              1. Section 35(7) applies to a person aged 17 years if—

                              2. the person—
                                1. is a defendant in a proceeding for any offence (except a drug dealing offence), or any alleged offence, that is under way in the District Court or the High Court on the commencement date; and
                                  1. is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
                                  2. any of the circumstances set out in section 35(1) apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

                                    Notes
                                    • Schedule 1AA clause 6: inserted, on , by section 27(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                    7Arrest of person aged 17 years without warrant under section 36(1)

                                    1. Section 36(8) applies to a person aged 17 years if—

                                    2. the person—
                                      1. is a defendant in a proceeding for a drug dealing offence, or an alleged drug dealing offence, that is under way in the District Court or the High Court on the commencement date; and
                                        1. is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
                                        2. any of the circumstances set out in section 36(1) apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

                                          Notes
                                          • Schedule 1AA clause 7: inserted, on , by section 27(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                          3Provisions relating to Bail (Electronic Monitoring) Amendment Act 2025

                                          Definitions

                                          8Interpretation

                                          1. In this Part,—

                                            amendment Act means the Bail (Electronic Monitoring) Amendment Act 2025

                                              amendments means the amendments made by the amendment Act

                                                authorisation means an authorisation under section 30M

                                                  commencement means the amendment Act’s commencement

                                                    court includes a Registrar authorising under the old law a defendant to be absent from the EM address if the prosecution agrees to that authorisation

                                                      old law means section 30M as in force—

                                                      1. after 3 September 2013; and
                                                        1. before commencement.

                                                        Notes
                                                        • Schedule 1AA clause 8: inserted, on , by section 6(a) of the Bail (Electronic Monitoring) Amendment Act 2025 (2025 No 7).

                                                        Application of amendments

                                                        9Amendments generally apply only to post-commencement authorisations

                                                        1. The amendments apply only to authorisations that occur after commencement, even if they occur in any of the following:

                                                        2. proceedings that commenced before commencement:
                                                          1. an order varying an EM condition imposed before commencement:
                                                            1. an order substituting or imposing any other EM condition for an EM condition imposed before commencement:
                                                              1. an order imposing an EM condition after commencement as a condition of bail granted before commencement.

                                                                1. However, clauses 10 and 11 apply to certain pre-commencement authorisations.

                                                                Notes
                                                                • Schedule 1AA clause 9: inserted, on , by section 6(a) of the Bail (Electronic Monitoring) Amendment Act 2025 (2025 No 7).

                                                                Validation of certain pre-commencement authorisations

                                                                10Certain pre-commencement authorisations validated

                                                                1. The following must be taken to have been valid from when they occurred:

                                                                2. an authorisation to which this clause applies:
                                                                  1. the related court enablement of an approver.

                                                                    1. This clause applies to an authorisation—

                                                                    2. that occurred under the old law; and
                                                                      1. that is or may be invalid solely because it involved a court enablement of an approver to approve, in their discretion, the defendant to be absent from the EM address.

                                                                        1. This clause does not prevent the related EM condition (including the authorisation, and the related court enablement of an approver) from being varied, revoked, or replaced by an order made by the court under section 33.

                                                                        2. This clause is subject to clause 11.

                                                                        Notes
                                                                        • Schedule 1AA clause 10: inserted, on , by section 6(a) of the Bail (Electronic Monitoring) Amendment Act 2025 (2025 No 7).

                                                                        11Certain validated authorisations ended

                                                                        1. This clause applies to an authorisation to which clause 10 applies, but only if the court enablement is of only 1 or more approvers none of whom is—

                                                                        2. an EM assessor; or
                                                                          1. an employee—
                                                                            1. of the chief executive of the Department of Corrections; and
                                                                              1. not authorised under section 30E(2).

                                                                              2. For the purposes of subclause (1), the authorisation need not specify precisely, and may refer only generally to, the EM assessor or employee, for example, by referring to them—

                                                                              3. as Department of Corrections EM bail team; or
                                                                                1. as Department of Corrections EM operations; or
                                                                                  1. using any other similar general expression.

                                                                                    1. The authorisation is ended at the start of the 61st working day after commencement, but the related EM condition is not otherwise affected.

                                                                                    2. This clause does not prevent the related EM condition from being varied, revoked, or replaced by an order made by the court under section 33.

                                                                                    Notes
                                                                                    • Schedule 1AA clause 11: inserted, on , by section 6(a) of the Bail (Electronic Monitoring) Amendment Act 2025 (2025 No 7).