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Bail Act 2000
Court bail
Granting of bail on adjournment
Procedures after defendant granted bail
39A: Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety

1Title 2Commencement 3Interpretation 3AAReferences to Family Violence Act 2018 3ATransitional, savings, and related provisions 4Act binds the Crown 5Purpose

Part 1:
General provisions regarding bail

6Application of this Part 7Rules as to granting bail 8Consideration of just cause for continued detention 9Restriction on bail if defendant charged with certain offences 9ARestriction on bail if defendant charged with murder 10Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence 11Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence 12Further restriction on bail in certain cases 13Exercise of discretion when considering bail pending sentencing 14Exercise of discretion when considering bail pending appeal

Part 2:
Police bail

21Police employee may grant bail 21ANotice of Police bail 21BConditions of Police bail 22Conditions of Police bail granted to defendant charged with family violence offence 23Bail and breach of protection order 24Failure to answer Police bail 25Effect on bond of attendance or non-attendance of person bailed by constable 26Breach of condition of Police bail

Part 3:
Court bail

Granting of bail on adjournment

27Bail on adjournment 28Warrant for detention of defendant remanded on bail 29Defendant, if bailable as of right, to be brought before court on request 30Conditions of bail 30AAImposition, and effect, of drug or alcohol condition 30AAAConditions of bail granted to defendant charged with family violence offence

Electronic monitoring condition

30APurpose of EM condition 30BWhen court may grant bail with EM condition 30CCourt must not grant bail with EM condition if less restrictive bail conditions suffice 30DApplication for bail with EM condition 30EResponsibility for management of EM bail 30FEM reports 30GEM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address 30HUse of information obtained for EM report 30ICourt must be satisfied as to certain matters before granting bail with EM condition 30JCourt must specify EM address 30KEM assessor must define area of EM address to which defendant is confined 30LDefendant's obligations under EM condition 30MAuthorised absence from EM address 30MACourt must specify authorisation’s purpose or purposes 30MBCourt must specify all details of authorisation or enable EM assessor to approve authorised absence 30MCMeaning of details of authorisation 30NEM assessor may approve temporary EM address 30OUse of information obtained from electronic monitoring 30PCourt may remand defendant in custody pending installation of electronic monitoring equipment, etc 30QDefendant on bail with EM condition not in custody 30RBail with EM condition does not affect entitlements under Social Security Act 2018 30SSubsequent application for bail with EM condition

Testing and monitoring of defendants on bail with drug or alcohol conditions

30TDefendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring 30UHow notice of requirement to undergo testing or to submit to continuous monitoring may be given 30VWhere prescribed testing procedure may be carried out 30WBreach of drug or alcohol condition 30XInformation obtained from drug and alcohol testing or monitoring

Procedures after defendant granted bail

31Release of defendant granted bail 32Warrant of deliverance 33Variation of conditions of bail 34Consequences of variation of conditions of bail 34ASurrender of defendant on bail with EM condition 35Defendant on bail may be arrested without warrant in certain circumstances 36Arrest of defendant charged with drug dealing offence 36AOffence to refuse authorised person entry to EM address 37Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail 38Failure to answer bail 39Non-performance of condition of bail may be certified and recorded 39ACourt must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety

Bail on deferment of sentence

40Bail on deferment of sentence

Appeals on question of bail

Appeals from decisions of Justices or Community Magistrates

41Interpretation 42Appeal against decision relating to bail 43Procedure relating to appeal under section 42

Appeals from decisions of District Court Judges

44Execution of decision of appeal court on appeal relating to bail under section 42 45Procedure relating to appeal under section 44 46Execution of decision of High Court on appeal relating to bail

Appeals from decisions of High Court

47Appeal from decision of High Court relating to bail 48Procedure relating to appeal under section 47 49Execution of decision of Court of Appeal on appeal relating to bail

Appeals from decisions of Court of Appeal on appeal

50Execution of decision of Supreme Court on appeal relating to bail

Appeal against entry of non-performance of condition of bail

51Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record 52Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record

Issue of warrant for detention in custody

52APeriod for which warrant for detention in custody may be issued

Bail pending appeal against conviction or sentence

53Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge 54Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court 54AAppeal against entry by court of non-performance of condition of bail in court record 55When person is in custody or on home detention for purposes of section 54 56Appeals on questions of law 57Intermediate effects of appeal 58Time on bail pending appeal not to be taken as time served 59Surrender of appellant released on bail from sentence of imprisonment 60Surrender of appellant released on bail from sentence of home detention

Part 4:
Bail when proceedings taken by way of indictment

Part 5:
Miscellaneous provisions

73Rules relating to practice and procedure of courts 73AARules about drug and alcohol testing and monitoring 73AABFurther provisions concerning rules about drug and alcohol testing and monitoring 73AACAvailability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012 73AAuthentication of documents 74Repeal and enactments amended 75Savings

Schedule 1AA:
Transitional, savings, and related provisions

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

Schedule 2:
Amendments to other enactments

Bail Act 2000

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

39A: Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety

You could also call this:

"Court takes bail money unless it's fair to return it"

If you pay money for a defendant's bail and they do not follow the bail conditions, you will lose that money. The court will take the money and give it to the Crown. The court might give the money back to you if it is fair and just to do so, considering the circumstances of the case and what is right.

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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=LMS84158.

Topics:

Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection

39: Non-performance of condition of bail may be certified and recorded, or

"What happens if you break your bail conditions"

40: Bail on deferment of sentence, or

"Bail when your sentence is delayed"

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

39ACourt must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety

If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3), any money paid by a surety under a bail bond is forfeited.
The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety.

Compare

1950 No 54 s 21

Notes

Section 39A: inserted, on 8 September 2018, by section 39(2) of the Statutes Amendment Act 2018 (2018 No 27).